Vous êtes sur la page 1sur 5

REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT BRANCH _____, QUEZON CITY

KEYLARGO PHILIPPINES, INC., Represented by Mr. Juanito Gamboa, Plaintiff, - versus CIVIL CASE NO. _______________ For: Collection of Sum of Money, Damages and Attorney's Fees

CATTLEYA AGRO DEVELOPMENT Defendant. x---------------------------------------------x COMPLAINT Plaintiff Keylargo Philippines, Inc., by counsel, states that: 1. Plaintiff Keylargo Philippines, Inc. (owner and operator of

Keylargo Commodities Trading ) is a corporation duly organized and existing under and by virtue of the laws of the Philippines, with principal place of business at SGS Foundation Building, 1335 G. Araneta Avenue, Quezon City. Plaintiff is represented in this action by Mr. Juanito Gamboa. Copy of the Secretarys Certificate is attached and integrated hereto as Annex A; 2. Defendant Cattleya Agro Development Corporation is a

corporation registered under Philippine laws, with principal place of business at Brgy. Sampaguita, Lipa City, Batangas, where it may be served with summons, orders, writs and other notices that may be issued by this Honorable Court. 3. Plaintiff is engaged in the importation and sale of various kinds of

animal feed ingredients such as soya bean meal, fish meal, meat and bone meal while the defendant-corporation is into agribusiness;

4.

On several occasions, defendant ordered and purchased from

plaintiff-corporation soya bean meal products in the total amount of One Million One Hundred Fifty Seven Thousand One Hundred Thirty Three Pesos (Php1,157,133.00) as evidenced by the following sales invoices:

Sales Invoice No. 02875 02941 Total

Date Jan. 9, 2008 Feb. 22, 2008

Amount 594,633.00 562,500.00 1,157,133.00

Copies of the Sales Invoices are attached hereto as Annexes B and C, respectively. 5. The purchases made by the defendant is payable after 60 days

from the date of purchased. However, defendant were only able to pay the said purchases on the following dates:

Sales Invoice No. 02875 02941 Total

Date

Terms

Due Date

Date Paid

Overdue

Interest at 48% per annum

Jan. 9, 2008 Feb. 22, 2008

60 days 60 days

Mar. 9, 2008

Jul. 31, 2008 144 days 114,169.53 249,919.53

Apr. 22, 2008 Oct. 20, 2008 181 days 135,750.00

6.

As stipulated in the Sales Invoices, the aforesaid purchases were

subject to the following terms and conditions: Interest rate of Forty Eight percent (48%) per annum shall be paid by the defendant from date of default; Twenty-five percent (25%) of the amount due will be charged as and by way of attorneys fees in case of litigation; Parties agree to submit themselves to the jurisdiction of the proper court in Quezon City in case of litigation. 7. From due date until date of payment, the account of the defendant

earned a total interest amounting to Two Hundred Forty Nine Thousand Nine Hundred Nineteen Pesos & 53/100 (Php249,919.53) . 9. Plaintiff through counsel sent a formal demand to the defendants

on February 16, 2007 for the payment of their unpaid accounts amounting to Fifteen Thousand One Hundred Fifty Pesos (Php15,150.00) . The formal

demand letter was received by the representative of the defendant as evidenced by the signature appearing on the return card. However, despite the receipt of the demand letter and the lapse of the grace period given, defendant failed and refused to settle its account. Copies of the formal demand letter and the return card are attached and made integral parts hereof as Annexes I and I-1, respectively; 10. Consequently, a final demand letter was sent through registered

mail to the defendants on March 30, 2007 for the payment of their unpaid accounts. The final demand letter was received by the representative of defendant as evidenced by the signature appearing on the return card. Copies of the final demand letter and the return card are attached and made integral parts hereof as Annexes J and J-1, respectively; 11. However, the defendants simply ignored, refused and failed as they

still ignore, refuse and fail to pay the amount of Fifteen Thousand One Hundred Fifty Pesos (Php15,150.00) (exclusive of interest) to date; 12. In order to protect its rights and interests from the unjustified and

unwarranted actions of the defendants, plaintiff was compelled to engage the services of a counsel and committed itself to pay TWENTY FIVE PERCENT (25%) of the amount recoverable as Attorneys Fees and Two Thousand Five Hundred Pesos (Php2,500.00) as appearance fees per hearing actually attended. PRAYER WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court that after due notice and hearing, judgment be rendered ordering defendants Chiu-Nichi Agro Resources Phils., Inc. to pay Keylargo Commodities Trading the following: 1. plaintiff; 2. 3. The amount of interest charges computed at 4% per month from Attorneys fees equivalent to 25% of the total amount due, plus the date of default; P2,500.00 as appearance fees per hearing actually attended. The amount of P15,150.00, representing its unpaid accounts to the

4.

The costs of suit.

Other just and equitable relief are likewise prayed for. August 25, 2007, Quezon City.

ATTY. ARLENE D. BANOCNOC Counsel for the Plaintiff SGS Foundation Building No. 1335 G. Araneta Avenue, Quezon City Roll of Attorneys No. 42680 IBP No. 697306/01-03-07/Manila IV PTR No. 8454250/01-03-07/Quezon City

REPUBLIC OF THE PHILIPPINES) MAKATI CITY ) S.S. CERTIFICATION AND VERIFICATION I, Juanito Gamboa, of legal age, married, Filipino with business address at SGS Foundation Building, 1335 G. Araneta Avenue, Quezon City, after having been duly sworn in accordance with law depose and say that: 1. I am the President Keylargo Philippines, Inc. (owner and operator of Keylargo Commodities Trading), a corporation duly organized and registered under Philippine laws with business address at SGS Foundation Building, 1335 G. Araneta Avenue, Quezon City; 2. Plaintiff-corporation has caused me to institute the afore-entitled case in accordance with the Secretarys Certificate it issued;

3. I have read and understood the contents thereof and that all the allegations contained therein are true and correct of my own personal knowledge and authentic records; 4. I hereby certify that plaintiff has not commenced any similar action before any court, tribunal or agency; that there is no pending action before any court, tribunal or agency involving the same issues and parties; and that should I learn of any such action, I shall notify this court within five (5) days from knowledge or notice thereof. IN WITNESS WHEREOF, I have hereunto set my hand this __________ th day of August 2007 in Quezon City.

JUANITO GAMBOA Affiant Subscribed and sworn to before me this ____ day of August 2007, affiant exhibiting to me his Community Tax Certificate (CTC) No. 18346952 issued on February 28, 2007 in Quezon City.

Doc No. Page No. Book No. Series of 2007.

Atty. Arlene D. Banocnoc NOTARY PUBLIC Until 31 December 2007 PTR No. 8454250/1-03-07/Q.C. IBP No. 697306/1-03-07/Manila IV Roll of Attorneys No. 42680 TIN 191-600-732