REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL REGION

REGIONAL TRIAL COURT
MAKATI CITY, BRANCH 148

BLACK MAMBA PRODUCTION,

Plaintiff,
Civil Case No. 11-111
For: Breach of Contract

- versus ANNA SORIANO,

Defendant,

COMPLAINT

Plaintiff BLACK BAMBA PRODUCTION (BMP), by counsel,

respectfully states:
I.
PARTIES
I.1 BMP is a production company responsible for the production of
hundreds of local film spots for all the major advertising agencies,
foreign feature films, documentaries, MTV's and news strings. It is a
company organized and existing under and by virtue of Philippine
laws, with principal office at BMP Building, 1018 Esteban Street,
Makati City, Philippines. It may be served with summons, pleadings,
orders and other court processes through the undersigned counsel at
its address indicated below.

I.2 Defendant ANNA SORIANO is a Filipino citizen, single, with

residence at 848 Susan St. Sampaloc, Manila, Philippines. She may be

served with summons, pleadings, orders and other court processes at
the latter address.
II.

ALLEGATIONS COMMON TO ALL CAUSES OF ACTION

II.1 BMP is a production company responsible for the production of

hundreds of local film spots for all the major advertising agencies,
foreign feature films, documentaries, MTV's and news strings.
II.2 On the 23rd of October, 2010, BMP Inc., in its capacity as a

production company, contacted the manager of ANNA SORIANO

offering a role for the latter in an upcoming film. Expressing interest
in said film, the two parties began negotiation the terms and
stipulations that would govern the contract.
II.3 On the 8th of November, 2010, the two parties agreed on the terms

and stipulations involved in the employment, such as compensation

and working hours, and the contract was signed by ANNA
SORIANO, and XXXXX, HR Head of BMP Inc., binding both parties
to their agreement. The target date for the start of shooting was set for
the 1st of January 2011.
II.4 In view of the employment, BMP Inc. gave to ANNA SORIANO

FIVE HUNDRED THOUSAND PESOS (Php 500,000.00) as down

payment and the defendant accepted the money.
II.5 On the 25th of December, 2010, or 1 week before shooting was to

begin, Anna Soriano contacted BMP Inc., and informed them that she

would no longer be participating in the film due to a more lucrative

offer made by another film company.
II.6 She asserts that the nature of the 500, 000 given to her by BMP Inc. is

not a down payment but a talent fee and as such, may be justly kept
by the defendant.
II.7 That BMP and Anna Soriano entered into a valid contract complying

with the provisions of the Civil Code.

III.
III.1

FIRST CAUSE OF ACTION

(For Principal Amount)

Anna Soriano did not perform her obligation to BMP to be the

lead actress of a
III.2

film.

Anna Soriano did not return the down payment of FIVE

HUNDRED THOUSAND PESOS (Php 500,000.00).

III.3

Despite repeated demands, Anna Soriano failed and/ or refused

to return the amount of FIVE HUNDRED THOUSAND PESOS

(Php 500,000.00).

III.4

Anna Soriano should, therefore, return the down payment of

FIVE HUNDRED THOUSAND PESOS (Php 500,000.00).

IV.
IV.1

SECOND CAUSE OF ACTION

(For Moral Damages)

Due to the breach of contract of the defendant, BMP suffered

from besmirched reputation. BMP has already negotiated with the

sponsors, rented the locations of the shoot, and hired other employees

that would make the film possible. Pursuant to Article 2217 and 2220,
BMP may be recovered from Anna Soriano.
Article 2217 states,
Moral damages include physical suffering, mental anguish, fright,
serious anxiety, besmirched reputation, wounded feelings, moral
shock, social humiliation, and similar injury. Though incapable of
pecuniary computation, moral damages may be recovered if they
are the proximate result of the defendant's wrongful act for
omission.

Article 2220 states,

Willful injury to property may be a legal ground for awarding
moral damages if the court should find that, under the
circumstances, such damages are justly due. The same rule
applies to breaches of contract where the defendant acted
fraudulently or in bad faith.
IV.2

In view of this, the judgment should be rendered ordering Anna

Soriano to pay BMP moral damages in the amount of at least ONE

MILLION PESOS (Php 1,000,000.000).
V.

THIRD CAUSE OF ACTION

(For Exemplary Damages)

V.1 In violatingher obligations under the contract agreed upon, Anna

Soriano acted in bad faith and in wanton, fraudulent, reckless and

malevolent manner. In view, by way of example and correction for the
public good, judgment should be rendered ordering Anna Soriano to
pay BMP exemplary damages in the amount of at least THREE
HUNDRED THOUSAND PESOS (Php 300,000.00) pursuant to
Article 2229,
Exemplary or corrective damages are imposed, by way of
example or correction for the public good, in addition to the
moral, temperate, liquidated or compensatory damages.

and Article 2232,

In contracts and quasi-contracts, the court may award exemplary
damages if the defendant acted in a wanton, fraudulent, reckless,
oppressive, or malevolent manner.

VI. FOURTH CAUSE OF ACTION

(For Attorneys Fees, Litigation Expenses and Costs of the suit)
VI.1

BMP was compelled to engage the services of counsel for a fee

and incurred expenses of litigation and other costs of suit to protect its
rights and interest due to Anna Sorianos failure and/ or refusal to
comply with its obligations under the contract and BMPs valid,
lawful, just and reasonable demands.
VI.2

Anna Soriano should be liable to pay BMP at least THREE

HUNDRES SIXTY THOUSAND PESOS (Php 360,000,000.00) or

twenty percent (20%) of the total indebtedness of ONE MILLION
EIGHT HUNDRED THOUSAND PESOS (Php 1,800,000.00) for
attorneys fees, litigation expenses and costs of the suit.

PRAYER
Wherefore, BMP respectfully prays that this Honorable Court render
judgment in favor of BMP, as follows:

1.

On the First Cause of Action, ordering Anna Soriano to pay BMP

the amount of FIVE HUNDRED THOUSAND` PESOS (Php

2.

500,000.00).
On the Second Cause of Action, ordering Anna Soriano to pay
BMP the amount of at least ONE MILLION PESOS

(Php

1,000,000.000) by way of moral damages.

3.

On the Third Cause of Action, ordering Anna Soriano to pay BMP

the amount of at least THREE HUNDRED THOUSAND PESOS
(Php 300,000.00) by way of exemplary damages.

4.

On the Fourth Cause of Action, ordering Anna Soriano to pay BMP

the amount of at least THREE HUNDRES SIXTY THOUSAND
PESOS (Php 360,000,000.00) or twent percent (20%) of the
total indebtedness of ONE MILLION EIGHT HUNDRED
THOUSAND PESOS (Php 1,800,000.00) for attorneys fees,
litigation expenses and costs of the suit.

BMP prays for such further or other relief as may just and equitable under
the premises.

Makati City, 10 February 2011.

VERZOSA, ABASTA, AGORILLA, ATIENZA and RASAD

Law Firm
(Counsel for the Plaintiff)
RCBC Building, 16 Ayala Street
Makati City
Telephone No. (632) 828- 5489

By:
CHRISTINE JOY VERZOSA
PTR NO. 88888; 05/04/89; Makati
IBP No. 44444; 05/04/89; Makati
Roll No. 23456
MCLE Compliance No. II- 999999; 10/16/10
SANCHO ABASTA III
PTR NO. 88888; 05/04/89; Makati
IBP No. 44444; 05/04/89; Makati
Roll No. 23456
MCLE Compliance No. II- 999999; 10/16/10

FRANCIS ARVY AGORILLA

PTR NO. 88888; 05/04/89; Makati
IBP No. 44444; 05/04/89; Makati
Roll No. 23456
MCLE Compliance No. II- 999999; 10/16/10

EDWIN GIANN ATIENZA

PTR NO. 88888; 05/04/89; Makati
IBP No. 44444; 05/04/89; Makati
Roll No. 23456
MCLE Compliance No. II- 999999; 10/16/10
MOHAMAD RAJHIE RASAD
PTR NO. 88888; 05/04/89; Makati
IBP No. 44444; 05/04/89; Makati
Roll No. 23456
MCLE Compliance No. II- 999999; 10/16/10