Republic of the Philippines

REGIONAL TRIAL COURT

6th Judicial Region
Branch ___
Bacolod City

Clare Benitez, Plaintiff,

- versus

Aurelio Lara,
Defendant.
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CIVIL CASE No. 16-0956-2341

FOR: Damages for breach of

promise to marry, actual
damages, moral damages and
attorneys fees.

COMPLAINT

COMES NOW, plaintiff, Clare Benitez, by counsel, and

unto this Honorable Court, most respectfully avers THAT:
1. Plaintiff is a Filipino, of legal age, single, and residing at Door
No. 42, Gumamela Road, 16th Street, Bacolod City, where she
may be served with summons, papers and other process of
this Honorable Court.
2. Defendant Aurelio Lara is a Filipino, of legal age, single, and
residing at House No. 131, Purok 14, Bacolod City, where he
may be served with summons, papers and other process of
this Honorable Court.
3. Both parties have capacity to sue and to be sued.
4. Plaintiff herein is an elementary school teacher at Rizal
Elementary School located at 18 th Street, Bacolod City while
defendant is an insurance underwriter at AXA Bacolod
Branch located at 21st Street, Bacolod City.

5. Plaintiff and defendant met at a dinner party of a mutual

friend one evening in August 2013 and developed an
immediate intimacy with each other.
6. One night after movies, around October 2013, they had
sexual intercourse in his apartment located at Purok 14,
Bacolod City.
7. Plaintiff and defendant continued to see each other and their
initial encounter was followed by a number of nights spent
mostly at the defendants place.
8. At about February 2014, Benitez advised defendant that she
was in the family way. Defendant, in return, proposed
marriage to the plaintiff which the latter accepted.
9. Plaintiff resigned from her work as a teacher at Rizal
Elementary School as she was advised by her attending
physician that her pregnancy was showing signs of
instability. See attached resignation letter herein referred as
Annex A and medical certificate as Annex B.
10.
Preparations for the wedding were undertaken and
the date was set on June 28, 2014. Twenty thousand pesos
(Php 20,000.00) was paid to the wedding coordinator two
months prior to the said date. See attached official receipt
herein referred as Annex C.
11.
In addition to the payment made to the coordinator,
seventy-five thousand pesos (Php 75, 000.00) cash was
advanced by the designated caterer for the wedding. See
attached official receipt by Tison Catering herein referred as
Annex D. Sixty-eight thousand five hundred pesos (Php 68,
500.00) was also paid for the invitations sent out to invited
guests. See attached official receipt herein referred as
Annex E.
12.
On May 17, 2014, defendant asked plaintiff if he could
first go home to his family in Davao and formally inform his
family and relatives of the wedding taking place in the
following month. Plaintiff agreed and bought defendant his
plane ticket worth four thousand pesos (Php 7,500.00). See
attached official receipt from Cebu Pacific ticketing office
herein referred as Annex F.

13.
Defendant flew out of Bacolod City at around 3:45 P.M
of May 19, 2014 and never returned.
14.
Plaintiff desperately tried to communicate with
defendant but to no avail. Plaintiff finally asked the help of
local police to inquire about the whereabouts of the
defendant and learned that he was already married with one
child to a certain Katrina Padilla. See attached marriage
certificate herein referred as Annex G.
15.
As a result of the negligent act of defendant Aurelio
Lara, the wedding never took place and plaintiff suffered
actual damages in the amount of ONE HUNDRED SEVENTYONE THOUSAND PESOS (Php 171,000.00).
16.
Moreover, due to defendants false pretenses and
deceit, plaintiff suffered mental anguish, besmirched
reputation and serious anxiety.
17.
Consequently, Plaintiff was constrained to engage the
services of counsel to whom it obligated itself to pay as
Attorney's Fees the amount equivalent to TWENTY FIVE
PERCENT (25%) of the total amount to be adjudged in favor
of plaintiffs, and the costs of this suit.

PRAYER
WHEREFORE, the above premises considered, it is
respectfully prayed of this Honorable Court after hearing on
the merits, that:
a. Defendant be ordered to pay for actual damages
in the amount of ONE HUNDRED SEVENTY-ONE
THOUSAND PESOS (Php 171, 000.00);
b. Defendant be ordered to pay moral damages in
the amount of THREE HUNDRED THOUSAND
PESOS (Php 300,000.00);
c. Defendant be ordered to pay attorneys fees in an
amount equivalent to TWENTY FIVE PERCENT
(25%) of the total amount to be adjudged in favor
of plaintiffs;

d. Defendant be ordered to pay the costs of this suit.

Other reliefs just and equitable under the premises are
likewise prayed for.

For the Plaintiff

By
ATTY. HAZELMER SALES FERNANDEZ
HF Law Firm, Suite 704, Hi-Residences Bldg.,
Luzuriaga Street, Bacolod City
PTR No. 1247838 1-20-2017 Bacolod City
IBP No. 911117 1-21-2017 Bacolod City
Roll No. 89994
MCLE Ex. No. 111-000748 1-13-2017
For 3rd compliance

Republic of the Philippines

)
Bacolod City
)s.s
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VERIFICATION AND CERTIFICATION AGAINST FORUMSHOPPING

I, Clare Benitez, Filipino, of legal age, single and
residing at Door No. 42, Gumamela Road, 16th Street,
Bacolod City, after having been duly sworn to in accordance
with law depose and say, THAT:
That I am the Plaintiff in the above-entitled case; That I
have caused the preparation of the above Complaint and I
have read the same and knows the contents thereof; That
the allegations contained therein are true and correct of my
own personal knowledge.
IN WITNESS WHEREOF, I have hereunto set my hand
this 19th day of June, 2016 at Bacolod City, Philippines.

SUBSCRIBED AND SWORN to before me this 19th day

of June, 2016 by Clare Benitez, who exhibited to me her
Voters ID No. 12345 issued at Bacolod City, Philippines on
May 12, 2010.

WITNESS MY HAND AND SEAL.

Doc. No. 0012;
Page No. 003;
Book No. 001;
Series of 2016.