REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BACOOR CITY CAVITE

MIGUEL RAMONKITO MENDOZA,

Plaintiff,
CIVIL CASE No. 4455
-versus- FOR: Damages for Breach of
Contract
ABIGAIL SOL MENDOZA,
Defendant.

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COMPLAINT

WITH UTMOST DEFERENCE TO THE HONORABLE COURT:

PLAINTIFF, by and through the undersigned counsel, respectfully

alleges as follows:

1. Plaintiff is of legal age, single, and a resident of 321 Idoha

St., Barangay Poblacion, Makati City;

2. Defendant, ABIGAIL SOL MENDOZA, is of legal age, single

a business woman, a resident of 234 Bel Air Subdivision,
Makati City;

3. That on March 15, 2019 the plaintiff and defendant

executed a notarized contract of sale wherein defendant
was supposed to sell to Plaintiff her collection of Hello
Kitty and Keroppi Japanese collector’s items amounting to
approximately TWO HUNDRED FIFTY THOUSAND
PESOS (Php 250,000.00);

4. Upon execution of contract, Plaintiff gave Defendant a

down payment in the amount of ONE HUNDRED
THOSUAND PESOS (Php 100,000.00). However, on
March 18, 2019 or two (2) days before the agreed
delivery time, Defendant had a sudden change of heart
 and decided to tell Plaintiff that she is not interested in
selling the items anymore. Plaintiff resented Abigail’s
decision since the former executed another contract to
sell the subjects items in favor of Monico Aggabao, Jr.;

5. By reason of the facts and circumstances stated above,

defendant has breached the contract;

6. Due to the abandonment of the contract by ABIGAIL SOL

MENDOZA, Plaintiff has suffered mental anguish, serious
anxiety;

7. As a result of the breach of contract, Petitioner went to

different Japanese stores to look for another Hello Kitty
and Keroppi. But He could not find such items because it
is a limited edition;

8. Plaintiff was dismissed for one month and was fined

FIFTEEN THOUSAND PESOS (Php15,000.00) by the
Association of Japanese Hello Kitty Collectors (AJHC)
because of his failure to present the items he promised
for the exhibit

9. Consequently, Plaintiff was constrained to engage the

services of counsel to whom it obligated itself to pay as
Attorney's Fees the amount equivalent to TEN PERCENT
(10%) of the total amount to be adjudged in favor of
Plaintiffs, and the costs of this suit.

PRAYER

WHEREFORE, the above premises considered, it is

respectfully prayed of this Honorable Court after hearing on the merits,
that defendant be ordered to pay for moral damages for the amount of
TWENTY THOUSAND PESOS (P20,000.00); ordered to pay actual
damages for the amount of FIFTEEN THOUSAND (P15,000.00);
exemplary damages for the amount of TWENTY THOUSAND PESOS
(P20,000); attorney’s fees in an amount equivalent to TEN PERCENT
(10%) of the total amount to be adjudged in favor of plaintiffs; and the
costs of this suit.

Such other reliefs just and equitable under the premises are
likewise prayed for.
 Respectfully submitted this 24th day of September 2019, done in
the City of Makati, Philippines.

ATTY. AUDRIN AGAPITO G. DE ASIS

Counsel for plaintiff
Unit 1, C Building, Legarda, Manila
IBP no. 2182571/Manila
PTR No. 218211/ 11-15-16/Manila
Roll No. 12345; 11-15-16
MCLE No. IV-000955/7/11/18

REPUBLIC OF THE PHILIPPINES }

DONE: IN THE CITY OF MAKATI } S.S.
X ========================= X

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, MIGUEL RAMONKITO MENDOZA, after having been duly

sworn to in accordance with law, hereby depose and state:

1. That I am a resident of 321 Idoha St., Brgy. Poblacion, Makati

City;
2. That I have caused the preparation and filing of the foregoing
Complaint;
3. That I have read the contents thereof and that the allegations
therein are true and correct of my own personal knowledge
and or based on true and authentic records and documents;
4. That I hereby certify that I have not filed the same or similar
action or proceeding against the herein Defendants before any
court or tribunal in the Philippines or abroad. If I should learn
that a similar action or proceeding against the herein
Defendants has been filed or is pending before any other court
or tribunal, I shall notify the court within five (5) days from
such notice.

IN WITNESS WHEREOF, I have hereunto signed this verification

this 24th day of September2019.

MIGUEL RAMONKITO MENDOZA

Affiant
 SUBSCRIBED AND SWORN to before me in the City of Makati this
24th day of September 2019 by MIGUEL RAMONKITO MENDOZA , who
has satisfactorily proven her identity to me through her Professional
Driver’s License No. A01-45789valid until November 28, 2021, that she
is the same person who personally signed the foregoing affidavit before
me and acknowledged that she executed the same.

AMANDO M. TETANGCO JR.

Notary Public
Until December 31, 2020
Unit 3A, 3rd Floor, 937 Israel Building,
Brgy Poblacion, ,Makati City
(074) 422-3287/ 09276435749
PTR No. 108083; 1-9-895/Makati City
Roll of Attorney No. 144728
Doc. No. 73; IBP Lifetime Membership No. 0821057;
Page No.15; Makati-NCR
Book No. 1; MCLE No. III-0001178, 07-27-19
Series of 2019. Commission Serial No. 75-NC-19 (R)
TIN: 922-596-319