Final-answer-for-breach-of-contract.docx

REPUBLIC OF THE PHILIPPINES 6th JUDICIAL REGION REGIONAL TRIAL COURT BRANCH 24 Iloilo City

SHARMAINE IBULGAR Plaintiff, - versus

CIVIL CASE NO: 30129 FOR:

-

VICTORIA SECRETO Defendants.

DAMAGES BASED ON BREACH OF CONTRACT

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ANSWER COMES NOW, Defendants VICTORIA SECRETO, by the undersigned counsel, in the above-entitled case and before this Honorable Court most respectfully submits this ANSWER and aver that:

STATEMENT OF THE CASE 1. This is a case for Breach of Contract founded allegedly on Plaintiffs’ claim of that defendant’s failed to deliver the services that the plaintiff required; 2. Defendants received a copy of the Complaint and Summons on January 10, 2019 giving her until January 25, 2019 to file Defendant’s Answer;

ADMISSIONS AND DENIALS Page 1 of 7

3. Defendant admit Paragraphs 1 and 2 of the Complaint in so far as the personal circumstances of the parties involved; 4. Defendant admit paragraphs 3, 4, 5, 6 and 7 in connection with entering into contract with the plaintiff and receiving the amount of Two Hundred Fifty Thousand Pesos (Php 250,000.00) as down-payment for the wedding and the additional Two Hundred Fifty Thousand Pesos last November 17, 2017 as the last payment of the plaintiff for the wedding. 5. Paragraph 8 of the complaint is admitted with qualification. The plaintiff erroneously told this court that the defendant received a third payment from the plaintiff in the amount of Two Hundred Fifty Thousand Pesos last November 18, 2017 for the reason that the defendant’s bag was robbed and the money from second payment was taken. The defendant admit that she was rob at Robinson’s Jaro last November 2017 and the money was taken but the defendant never received another payment from the plaintiff. The defendant told the plaintiff that her last payment was robbed and was taken by the robber and asked the plaintiff for forgiveness due to the defendant’s negligent. The plaintiff told the defendant that, that was the last money of the plaintiff and she cannot give anymore to the defendant. Due to the circumstances that happened the defendant promise the plaintiff that she will do everything so that she could give the plaintiff the wedding of her dream even with the limited amount of money and asked the plaintiff if she the defendant can change some details in the wedding plan so that the expenses is within their remaining budget and the plaintiff agreed with the defendant as long as the wedding is successful; 6. Paragraph 9 and 11 of the Complaint is specifically deny by the defendant. The plaintiff failed to contact the defendant last December 10, 2017 for the reason that the defendant’s phone was also inside her bag that was taken from her when she was robbed at Robinson’s Jaro and the defendant informed the Page 2 of 7

plaintiff of this circumstance. Also the message of Jilly Been to the plaintiff is full of malicious intent because of her jealousy against the defendant for the reason that the defendant was the one who the plaintiff hired and not Jilly Been who is also a wedding coordinator; 7. Paragraph 10 of the Complaint is admitted with a qualification. Defendant Victoria Secreto admitted that she called plaintiff Sharmaine last December 10, 2017 to tell her that her husband Ruwelo would not be able to attend her wedding due to family emergency, but defendant never told the plaintiff that there was a cancellation with the band and the catering service that she reserved for the wedding. What she told the plaintiff was that the band was double book that day and they will be late in playing in her reception for an hour. But defendant reassured the plaintiff that the band promise to play and to compensate the plaintiff, the band offered to deduct their lateness from their talent fee. Regarding to the issue with the catering service, the defendant never told the plaintiff that the caterer cancelled their reservation days before the wedding. What she told the plaintiff was that the caterer asked the defendant if they could change the two in the five main course that they have agreed upon due to shortage of ingredients. To support this, defendant herewith attached her conversation with the band manager and the owner of the catering service via text messages and emails. Copy of her conversation is attached hereto as Annex “1”; 8. Paragraph 12 of the complaint is admitted by the defendant. The flowers that was supposed to be inside the church was cancelled by the defendant’s due to their price is so expensive because the flowers still needed to be imported from outside the Philippines. The flower that the bride had chosen is called Juliet Rose. Copy of picture of Juliet Rose is attached hereto as Annex “2”;

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9. Paragraph 13 and 14 of the complaint is specifically deny by the defendants. The missing foods during the reception was the catering service fault and liability and not of the defendant’s. The defendant’s paid the caterer the amount that they asked. It was also the caterer’s responsibility to make the cake that the plaintiff designed because this is part of their wedding package. The defendant paid the plaintiff in check. Copy of the said check is attached hereto as Annex “3”; 10. The plaintiff should not have instituted this instant action against the defendant’s and instead should have ran against the catering service because it was them who did not comply their obligations with the Plaintiff; AND BY WAY OF COUNTERCLAIN 11.

Due to the Complaint filed by Plaintiff with no sufficient bases, herein Defendants both suffered mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, and social humiliation. Defendants are suffering from pain – both physical and otherwise – and though moral damages may be beyond pecuniary estimation, these may well be assessed for each Defendant at an amount left to the kind of discretion of this Court. Our New Civil Code on Damages specifically provides the following legal bases for this counterclaim of Defendants, to wit: “Article 2217. Moral damages include physical suffering, mental anguish, freight, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation and similar injury Xxx (Emphasis supplied)”

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Furthermore, as a consequence of the groundless suit of this Complaint, Defendants were forces to engage the services of the undersigned attorney for which Defendants agreed to pay the sum of Thirty Thousand Pesos (PhP30,000.00), Philippine currency as Page 4 of 7

Attorney’s Fees and the amount of Two Thousand Pesos (PhP2,000.00), Philippine currency, as Appearance Fee for each hearing in court.

P R A Y E R

of

WHEREFORE, premises considered, it is most respectfully prayed this Honorable Court that judgment be rendered as follows: 1. DISMISSING THE CASE for failure to state cause/s of action and violation of the certification against forum shopping; 2. ORDERING Plaintiff to pay herein Defendants the following, to wit: 2.1 Attorney’s Fees since Defendants were compelled to hire the services of the counsel for an agree sum of Thirty Thousand Pesos (PhP30,000.00), Philippine currency as Attorney’s Fees and the amount of Two Thousand Pesos (PhP2,000.00), Philippine currency, as Appearance Fee for each hearing in court; 2.2 Judicial costs and litigation expenses in the sum of Ten Thousand Pesos (PhP10,000.00),Philippine Currency; and

3. AWARDING Defendants moral and exemplary damages in the amount left to the sound discretion of this Honorable Court. Defendants further pray for such other reliefs which are just and equitable under the premises. SUBMITTED. Iloilo City, Philippines, January 17, 2019.

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CHRISTIE JOI C. NAVALLASCA Counsel for the Defendant 2

nd

Flr., Rm 9, Jamerlan Building

Iznart Street, Iloilo City Tel. No. 330-38-15

PTR No. 5294351/January 4, 2017/Iloilo City IBP ID NO.1017323/January 4, 2016/Iloilo City Attorney’s Roll No. 81795 MCLE CERTIFICATE of COMPLIANCE dated 120-2017 under MCLE Compliance No. V-00881795

VERIFICATION/CERTIFICATION I, VICTORIA SECRETO, of legal age, married, Filipino and a resident of Passi City, Iloilo, Philippines, after having been duly sworn in accordance with law, hereby depose and state: That I am the plaintiff in the above entitled complaint; That I have caused the preparation of the foregoing Complaint; That I have read and understood the contents thereof; That all the allegations contained therein are true and correct based on my personal knowledge and/or available authentic records; That I hereby further certify that I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals or other tribunal or agency; that to the best of my knowledge, no such action or proceeding is pending in the Supreme Court, the Court of Appeals or any tribunal or agency; that, if there is any such action or proceeding which is either pending or may have been terminated, I must state the status thereof and that if I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals or any other tribunal or agency, I undertake to report such fact within five (5) days to the court or agency wherein the original pleading and sworn certification contemplated herein have been filed.

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IN WITNESS WHEREOF, I have hereunto affixed my signature this January 17, 2019, Iloilo City, Philippines.

VICTORIA SECRETO Affiant SUBSCRIBED AND SWORN to before me this January 17, 2019 at the City of Iloilo, Philippines, Affiant exhibited to me her Philippine Passport with No. P8912413B, Iloilo. I hereby certify that I have personally examined the affiant and I am satisfied that he voluntarily executed and understood the foregoing statements.

ATTY. RYAN Y. MANTAC

Doc. No.: 125 Page No.: 25 Book No.: XXVI Series of 2019

NOTARY PUBLIC, CITY AND PROVINCE OF ILOILO NOTARIAL COMMISSION REG NO 110 ISSUED ON APRIL 28, 2018, ILOILO CITY FOR A TERM EXPIRING DECEMBER 31, 2021 RM. 9, JAMERLAN BUILDING, IZNART ST. ILOILO CITY PTR No. 5294351/January 4, 2018/Iloilo City IBP ID NO.1017323/January 4, 2016/Iloilo City Attorney’s Roll No. 42796

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