Final-complaint-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:

-

DAMAGES BASED ON BREACH OF CONTRACT

VICTORIA SECRETO Defendants.

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COMPLAINT PLAINTIFF, through the ParaSaMgaBrokenHearted Law Office and to this Honorable Court, most respectfully states, that: “Parties” 1. Sharmaine Ibulgar (Plaintiff) is of legal age, married, Filipino citizen and with residence and/or postal address at Tagbak, Jaro, Iloilo City, Philippines. 2. Respondent, Victoria Secreto, of legal age, married and a resident of Passi City, Iloilo, Philippines. Defendant may be served with summons and other processes of the Honorable Court at her stated addresses; “Facts” 5. Sometime in February 2018, Mrs. Victoria Secreto (Respondent) met with was then couple Sharmaine Mendoza and Val Ibulgar at a restaurant near University of San Agustin. The couple agreed that they will get Mrs. Secreto as their wedding coordinator for they have known each other since high school and the fact that Mrs. Secreto is best friends with Ms. Mendoza. 6. On April 8, 2018, the parties executed a contract (Service Agreement) containing the details of the wedding and the obligations of the parties. The said contract specifically stated the requests of the Plaintiff as to the materials and designs for the wedding venue, the number of expected guests, and the venue for the reception and the menu for the catering Page 1 of 4

service. In addition, the contract also provides the Plaintiff’s special request for the cake design. Copy of the said contract is attached as Annex “A”; 7. The parties also stipulated in the said contract that the overall expenses mentioned should be paid on or before the date of the wedding which is December 15, 2018. 8. On October 11, 2018, Plaintiff, by the request of Respondent, issued a check containing the amount of Two Hundred Fifty Thousand Pesos (Php 250, 000) as a down-payment for the said wedding expenses. Copy of said check is hereto attached as Annex “B”; 9. On November 17, 2018, an additional amount of Two Hundred Fifty Thousand Pesos (Php 250, 000) was paid in cash by the Plaintiff to the Respondent; 10. However, on November 18, a day after the Respondent accepted the amount, the Plaintiff received a message on her Facebook account through messenger saying that the additional amount of money was stolen from her because her bag containing the money was rob at Robinson’s Jaro. The Plaintiff, being considerate to her best friend, paid the remaining balance of Two Hundred Fifty Thousand Pesos (Php 250, 000) and offered that the Respondent may make adjustments as to the materials to be used in the venue. In exchange, the Respondent promised that she will make her bestfriend’s wedding memorable as provided in the conversation between Plaintiff and Respondent. Copy of the document of the said conversation is attached hereto as Annex “C”. 11. On December 5, 2018, few days before the wedding, the Plaintiff had difficulty in contacting her best friend as seen in the messages sent by her through text. Copy of the document is attached hereto as Annex “D”. 12. Days before the wedding, on December 10, 2018, Respondent called the Plaintiff that her husband Ruwelo would not be able to attend the wedding and that there was cancellation on the band and catering service that she reserved but promised that everything will be settled on time and the wedding will push through as planned. 13. However, on December 12, 2018, Plaintiff received a message from her friend Jilly Been that the wedding she attended turned into a disastrous one because of the failure on the part of their mutual friend, Victoria Secreto. Plaintiff did not mind the message because she trusted her best friend so much. Copy of the said message is attached hereto as Annex “E”. 14. However, on December 15, 2018, when the Plaintiff arrived at Jaro Cathedral, she was surprised that there were no flowers inside the church as if there was no wedding on that day. The Plaintiff, walked Page 2 of 4

down the aisle with tears and disappointments. Despite the incident, the wedding ceremony continued. 15. However, when the newly-wed and the guests arrived at reception, there were only five (5) lechon manok on the table and nothing else. Forcing the bride and groom buy food for their guests at McDonald’s Atria. Copy of pictures of lechon manok and the newly-wed buying at McDonald’s is attached as Annex “F” and Annex “G”, respectively. 16. More disappointments followed when the cake arrived at the venue and it was less and different than what was stipulated in the contract. The worst was the first layer of the said cake is made from stryofoam covered by red fondant. Copy of the picture of the said cake is attached hereto as Annex “I”. “Prayer” WHEREFORE, premises considered, complainant most respectfully prays that after due hearing, this Honorable Court would rule in her favor and against the respondent, to wit: 1. Declare that the contract entered into by parties is valid and binding to third persons; 2. Declare that the Respondent is liable of damages based on breach of contract for failing to perform her obligations as stipulated in the contract; 3. Declare that the Respondent should be liable for actual damages amounting to 500,000 and for moral damages amounting to 50,000. 4. Other remedies just and equitable under the premises are likewise prayed for. Iloilo City, Philippines. January 4, 2019 By: ANNA VICTORIA M. DELA VEGA Counsel for the Plaintiff nd 2 Flr., Rm 301, R&H Building Gen. Luna Street, Iloilo City Tel. No. 330-38-20

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 1-20-2017 under MCLE Compliance No. V00881795

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VERIFICATION/CERTIFICATION I, SHARMAINE M. IBULGAR, of legal age, married, Filipino and a resident of Tagbak, Jaro, 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. IN WITNESS WHEREOF, I have hereunto affixed my signature this January 4, 2019, Iloilo City, Philippines. SHARMAINE M. IBULGAR Affiant SUBSCRIBED AND SWORN to before me this January 4, 2019 at the City of Iloilo, Philippines, Affiant exhibited to me her Philippine Passport with No. P8912413A, Iloilo. I hereby certify that I have personally examined the affiant and I am satisfied that he voluntarily executed and understood the foregoing statements.

Doc. No.: 124 Page No.: 26 Book No.: XXVI Series of 2019

ATTY. NORVIE AINE P. SPECTER NOTARY PUBLIC, CITY AND PROVINCE OF ILOILO NOTARIAL COMMISSION REG NO 110 ISSUED ON APRIL 24, 2018, ILOILO CITY FOR A TERM EXPIRING DECEMBER 31, 2020 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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