REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
QUEZON CITY
BRANCH ___

SYLT FIRST GOURMET ACADEMY, INC.

Plaintiff,

versus CIVIL CASE NO. ________

FOR: SUM OF MONEY

MARIA THERESA G. GARCIA

Defendant.
x-------------------------------------------------x

COMPLAINT
(for Sum of Money)

PLAINTIFF SYLT FIRST GOURMET ACADEMY, INC., through

the undersigned counsel and unto this Honorable Court, most
respectfully avers:

1. Plaintiff is a domestic corporation organized and existing

under and by virtue of the laws of the Philippines, with office address
at Capitol Greenstreet Building, Capitol Hills Golf Clubhouse, Capitol
Hills Drive, Old Balara, Quezon City.

2. Plaintiff is represented in this Complaint by its Culinary

Director, Mr. Mats V. Loo, as shown by the Secretary’s Certificate
executed to that effect which is attached herewith and made an integral
part hereof as Annex “A.”

3. Plaintiff may be served with summons and other processes

of this Honorable Court through the undersigned firm at the address
hereunder stated.
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4. Defendant is of legal age, Filipino citizen, and with

residence address at Unit 4 Emilia Bldg., North Belton Communities,
Tandang Sora Sangandaan, Quezon City where said Defendant may
be served with summons and other processes of this Honorable Court.

CAUSE(S) OF ACTION

5. Plaintiff is primarily an educational institution dedicated to

provide high quality culinary education to its students until they
graduate as chefs with culinary experiences grounded in theoretical
and practical skills recognized by the international culinary industry.

6. On 20 July 2017, Defendant enrolled with Plaintiff and

undertook a Diploma Course entitled International Diploma in Culinary
Arts and Baking and Pastries . Defendant’s Application Form is hereto
attached and made an integral part hereof as Annex “B.”

7. In Plaintiff’s culinary school, students may pay their tuition

fees in three different modes of payments. Defendant opted to pay her
tuition fee in ten (10) monthly equal installments. Defendant’s total
tuition and fees is Three Hundred Fifty Thousand Pesos
(P350,000.00). Thus, upon enrolment, Defendant paid the amount of
Thirty Five Thousand Pesos (P35,000.00) as her initial payment.

8. Regarding the remaining balance of Three Hundred Fifteen

Thousand Pesos (P315,000.00), Defendant opted to pay in nine (9)
monthly equal instalments with the following schedule of payments:

Due date Amount

28 July 2017 P35,000.00

24 August 2017 P35,000.00
24 September 2017 P35,000.00
24 October 2017 P35,000.00
24 November 2017 P35,000.00
24 December 2017 P35,000.00
24 January 2018 P35,000.00
24 February 2018 P35,000.00
24 March 2018 P35,000.00

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9. The following checks were issued by Defendant in favor of

Plaintiff:

a. PSBank Check NO. 02065521 for P35,000.00 for 28 July 2017

b. PSBank Check NO. 02065532 for P35,000.00 for 24 Au8gust 2017
c. PSBank Check NO. 02065543 for P35,000.00 for 24 September 2017
d. PSBank Check NO. 02065554 for P35,000.00 for 24 October 2017
e. PSBank Check NO. 02065565 for P35,000.00 for 24 November 2017
f. PSBank Check NO. 02065576 for P35,000.00 for 24 December 2017
g. PSBank Check NO. 02065617 for P35,000.00 for 24 January 2018
h. PSBank Check NO. 02065628 for P35,000.00 for 24 February 2018
i. PSBank Check NO. 02065609 for P35,000.00 for 24 March 2018

10. Defendant also issued a Promissory Note10 in favor of the

Plaintiff covering the said installment payments.

11. After the enrollment of Defendant with Sylt First Gourmet

Academy, Defendant regularly went to school to avail and enjoy
the privileges of being one of its students. Also, Defendant
participated in the activities in the classes she enrolled to.

12. On 28 July 2017, the first instalment of Defendant become

due. Accordingly, Plaintiff deposited the first PSBank Check
issued by the Defendant with check No. 020655211, payable to
First Gourmet Academy in the amount of P35,000.00. However,
upon presentment to the drawee bank, the said check was
dishonored due to “account closed.”

13. On 24 August 2017, the second installment became due.

Accordingly, Plaintiff again deposited the second check issued
by the Defendant in favor of the Plaintiff, PSBank Check with
check No. 020655312. Consequently, upon presentment for
payment to the drawee bank, the said check was dishonored due
to “account closed.”

1
Annex “C”
2
Annex “D”
3
Annex “E”
4
Annex “F”
5
Annex “G”
6
Annex “H”
7
Annex “I”
8
Annex “J”
9
Annex “K”
10
Annex “L”
11
Annex “C”
12
Annex “D”

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14. Since there were two (2) checks that has been dishonored,
Plaintiff sent a demand letter13 dated 4 September 2017 with a
Statement of Account to Defendant informing her that she has
unpaid balance and demanding her to pay within seven (7) days.

15. As per records14 of the private courier LBC, the said

demand letter was served to the address of Defendant and was
duly received a certain Lienel Omagap.

16. Despite the said demand letter, Defendant did not pay the
amounts covered by the said dishonored checks. Meanwhile
Defendant continuously attended her classes in the school
despite non-payment of her tuition fees.

17. PSBank checks issued by the Defendant in favor of the

Plaintiff with check nos. 020655415, 020655516 and 020655617 for
the months of September, October, and November respectively,
were all dishonored by the drawee bank upon presentiment for
payment due to account closed.

18. Sometime in November, Plaintiff again sent another

Demand Letter18 dated 22 November 2017 with a Statement of
Account to the Defendant. The said demand letter demanded
again that Defendant pays the balance of her tuition fee.

19. Again, the records19 of LBC states that the second demand
letter was served to the address of Defendant and was duly
received a certain Lienel Omagap.

20. Notwithstanding the two (2) demand letters sent by Plaintiff

to the Defendant, she did not pay her balance and she
continuously and regularly attended her classes at Sylt First
Gourmet Academy.

13
Annex “M”
14
Annex “M-1”
15
Annex “E”
16
Annex “F”
17
Annex “G”
18
Annex “N”
19
Annex “N-1”

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21. Moreover, some of the staff of the Plaintiff even gave the
Defendant verbal notices for her to pay the balance of her tuition
fees. Despite written and verbal demands from the Plaintiff,
Defendant ignored the said demand and continued to attend her
classes.

22. For that reason, Plaintiff requested the undersigned to

send a Demand Letter to the Defendant. Accordingly, a Demand
Letter20 dated 13 December 2017 with a latest Statement of
Account was sent to the Defendant which as duly received by
her on 14 December 2017.

23. The said Demand Letter demanded that Defendant pays

the Plaintiff within five (5) days from receipt, however, the said
demand fell on deaf ears as the Defendant ignored the legitimate
demands of the Plaintiff.

24. Furthermore, PSBank Check with Check No. 020655721

dated 24 December 2017 issued by Defendant in favor of the
Plaintiff was dishonored by the drawee bank upon presentment
for payment. The drawee bank dishonored the check because
the account was already close.

25. Again, On 24 January 2018, PSBank Check issued by

Defendant in favor of the Plaintiff with Check No. 020656122 was
dishonored by the drawee bank upon presentment for payment.
The drawee bank dishonored the check because the account
was already close.

26. As of the end of February, based on the latest Statement

of Account23 of the Defendant, the total balance of Defendant is
Three Hundred Fifty Eight Thousand One Hundred Eighty
Six Pesos and Eighteen Centavo (P358,186.18) inclusive
penalties and other charges.

27. As can be gleaned from the documents, Defendant only

paid P35,000.00 out of the P350,000.00. Despites verbal and

20
Annex “O”
21
Annex “H”
22
Annex “I”
23
Annex “P ”

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three (3) written demand letters sent to the Defendant she

refused to pay to the great prejudice of the Plaintiff.

28. Moreover, as Plaintiff’s legitimate and lawful demands fell

on deaf ears, Plaintiff herein was constrained to secure the
services of the undersigned counsel and by reason of which,
Plaintiff incurred litigation expenses in the amount of One
Hundred Thousand Pesos (P100,000.00) as professional fee
and the amount of Five Thousand Pesos (P5,000.00) as
appearance fee per hearing.

PRAYER

WHEREFORE, in view of the foregoing, Plaintiff most

respectfully prays of this Honorable Court that after due notice and
hearing, judgment be rendered declaring Defendant liable to pay
Plaintiff the following:

1. The amount of Three Hundred Fifty Eight Thousand One

Hundred Eighty Six Pesos and Eighteen Centavo
(P358,186.18), representing the total outstanding obligation due
as of end of February 2018 plus 2% per month and 1% penalty
per month until full payment of the principal, interests and
penalties due;

2. The amounts of One Hundred Thousand Pesos (P100,000.00)

as professional fee and Five Thousand Pesos (P5,000.00) for
every hearing of this case as appearance fee, as and by way of
litigation expenses;

3. The amount equivalent to three percent (3%) per month of the

total amount due from date of default until fully paid as and by
way of liquidated damages; and

4. The amount equivalent to five percent (5%) of the total amount

due, but in no case less than P50,000.00, as and by way of
attorney’s fees.

Plaintiff herein prays for such other relief as may be just and
equitable under the circumstances.

Pasig City for Quezon City. February 19, 2018.

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DeGUZMAN CELIS & DIONISIO LAW OFFICE

Counsel for Plaintiff
Suite C, 15th Floor, Strata 2000 Bldg.,
F. Ortigas, Jr. Road, Ortigas Center,
1605 Pasig City
Telephone No. 631-8621 to 25
Email lawoffices@deguzmancelisdionisio.com

By:

EROL ROUDEL C. ECALNIR

Attorney’s Roll No. 64322
IBP Lifetime No. 013828
PTR No. 3861133 1-8-18 PASIG CITY
MCLE Compliance No. V-0014611 4/14/2019

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VERIFICATION AND
CERTIFICATION OF NON-FORUM SHOPPING

I, MATS V. LOO, of legal age, with office address at Capitol

Greenstreet, Capitol Hills Golf Clubhouse, Capitol Hills Drive, Old Balara,
Quezon City, after having been sworn to in accordance with law, hereby
depose and state:

1. That I am the Culinary Director of SYLT FIRST GOURMET

ACADEMY, INC., Plaintiff in this case, and I am authorized to represent the
said Company in this case as shown by the Secretary’s Certificate executed
for the purpose which is attached to this Complaint as Annex “A” and made
an integral part hereof;

2. That I have read the contents of this Complaint and that the
allegations therein are true and correct of my own personal knowledge and
based on authentic records of the Company.

3. That the Company has not commenced any action or filed any
claim involving the same issue/s in any court, tribunal or quasi-judicial
agency and, to the best of my knowledge no such other action or claim is
pending therein. And should I hereafter learn that the same or similar cause,
action or claim is filed or pending before the aforementioned judicial, quasi-
judicial and/or administrative bodies, I undertake to promptly inform this
Honorable Court within five (5) days from notice thereof.

IN WITNESS WHEREOF, I have hereunto set my hand this

_________________ in ______________________, Philippines.

MATS V. LOO
Affiant

SUBSCRIBED AND SWORN TO before me this

________________ in ________________, Philippines. Affiant
exhibited to me his
_______________________________________________________
, a competent evidence of his identity and the affiant acknowledged
before me that the foregoing document is his true and voluntary act
and deed.

Doc. No. ___;

Page No. ___;
Book No. ___;
Series of 2018.

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