REPUBLIC OF THE PHILIPPINES

[REGION]
[COURT]
[BRANCH] ______, [CITY] ___________
(Note: An action for specific performance and/or damages is a
personal action which must be filed in either the residence of the
plaintiff or the residence of the defendant at the election of the
plaintiff.)

[NAME]__________,
Plaintiff,
CIVIL CASE No. ___________

- versus - FOR: SPECIFIC PERFORMANCE AND

DAMAGES

[NAME] __________,
Defendant.

x ----------------------------------- x

COMPLAINT

PLAINTIFF, by counsel, respectfully states that:

1. Plaintiff and defendant are both of legal age; Plaintiff resides at [ADDRESS]
while Defendant resides at [ADDRESS], respectively, where they may be
served with pertinent notices.

2. On [DATE], plaintiff and defendant executed a [TITLE OF THE

CONTRACT/AGREEMENT] (“Contract”/”Agreement”), for the [PURPOSE]. A
copy of the Contract/Agreement is attached as Annex “A” and made an
integral part hereof.

3. Under the Contract/Agreement, defendant undertook to [State the

obligation/s of defendant under the Contract/Agreement], viz:

[Cite specific provisions of the Contract/Agreement which pertain to

defendant’s obligation/s.]

4. Moreover, under the Contract/Agreement, defendant undertook to pay

liquidated damages of [AMOUNT] for failure to comply with his/her/its
obligations, viz:

[Cite the specific provision of the Contract/Agreement on liquidated

damages.]

5. For causes not attributable to plaintiff, defendant failed to comply with the
foregoing obligation/s. [State the facts/circumstances showing defendant’s
failure to comply with his/her/its obligations/s under the Contract/Agreement.
Attach annexes if available.]
6. Plaintiff has demanded for defendant to comply with his contractual
obligations, or in case of inability to perform the same, to pay plaintiff
liquidated damages pursuant to the above-quoted provision of the
Contract/Agreement.

7. Plaintiff’s demand, however, was ignored by defendant, without offering any

valid or justifiable reason.

8. Defendant’s unjustified refusal to comply with his contractual obligations

despite demand has caused plaintiff mental anguish, serious anxiety, moral
shock, and other similar injury, for which defendant should be held liable to
pay [AMOUNT] as moral damages.

[Note: Moral damages may be recovered in case of breaches of contract

where the defendant acted fraudulently or in bad faith (Article 2220 of the
Civil Code)

If plaintiff is a corporation, it may still be entitled to recover moral damages.

In Jardine Davies, Inc. vs Court of Appeals [G.R. No. 128066, June 19, 2000],
the court awarded moral damages to respondent corporation after it was
shown that its reputation was tarnished after it immediately ordered
equipment from its suppliers on account of the urgency of the project, only to
be canceled later on account of the unilateral cancellation of the contract by
the petitioner.]

9. By way of example or correction for the public good, and to deter other like-
minded individuals from trampling upon the rights of others, defendant should
be held liable to pay [AMOUNT] as exemplary damages.

[Note: Exemplary damages are proper only if plaintiff shows his entitlement
to moral, temperate or compensatory damages.]

10. By reason of defendant’s failure/refusal to pay the stipulated liquidated

damages of [AMOUNT], plaintiff was compelled to litigate, and for the
purpose, engaged the services of the undersigned law firm for a fee of
[AMOUNT] for which defendant should be held liable, including the costs of
suit.

WHEREFORE, it is respectfully prayed that that after due notice and hearing,
judgment be rendered in favor of plaintiff and against defendant, and ordering the
latter, as follows:

1. To perform his obligations as stipulated in the abovementioned

Contract/Agreement, or, in case defendant is no longer able to comply with
the same, to pay plaintiff [AMOUNT] for and as liquidated damages, as
stipulated in the Contract/Agreement;
2. To pay plaintiff [AMOUNT] for and as moral damages;
3. To pay plaintiff [AMOUNT] – for and as exemplary damages; and
4. To pay plaintiff [AMOUNT] – for and as attorney’s fees as well as costs of suit.

[CITY] ___________; [DATE] _________________________.

 [SIGNATURE]
[NAME OF COUNSEL] ___________
Counsel for Plaintiff
[ADDRESS] ______________

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

I, [NAME], of legal age, do hereby state that: I am the plaintiff in the

pleading/document entitled [PLEADING/DOCUMENT BEING VERIFIED] and in such
capacity, caused this Complaint to be prepared; I have read its contents and affirm
that they are true and correct to the best of my own personal knowledge; I hereby
certify that there is no other case commenced or pending before any court involving
the same parties and the same issue and that, should I learn of such a case, I shall
notify the court within five (5) days from my notice.

IN WITNESS WHEREOF, I have signed this instrument on [DATE].

[SIGNATURE]
[NAME]

SUBSCRIBED AND SWORN TO before me in the City of _______________ on

this day of [MONTH AND YEAR], affiant exhibiting before me his Government Issued
ID no. _______________ issued on [DATE] at [PLACE OF ISSUANCE] .

[SIGNATURE]
[NAME]
Notary Public

Until [DATE]
PTR No. [NUMBER]
Issued at [PLACE]
On [DATE]

Doc. No. _____;

Page No._____;
Book No._____;
Series of [YEAR]