REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT OF LAS PINAS
LAS PINAS, BRANCH __
FELICISIMO R. COLAS, JR.
Plaintiff,
- versus -

Civil Case No.____________

For Specific Performance

BCFA & E SERVICES, INC.

Defendant,
x-------------------------------------x
COMPLAINT
PLAINTIFF, through counsel and to this Honorable Court,
respectfully avers:
1.) Plaintiff is of legal age, married, Filipino and a resident of 40 Nagoya
Street, B.F. Homes Las Pinas City.
2.) Defendant BCFA & E Services, Inc., a domestic corporation with
offices at Suite 406, 4/F Columbian Building, No. 160 West Avenue,
Brgy. Phil-Am, Quezon City
3.) On December 15 2013, the defendant, through its president, Arnel
Alvarado, verbally contracted with the plaintiff for the latter to
provide the plumbing and electrical design and drafting requirements
for its proposed DBM Employees Housing Project located at the
Malacanang grounds, Cristobal Street, U.N. Avenue, Manila for a total
contract price of P1,500,000. Said amount represented Mr. Colas
professional fees for his services.

4.) On March 27, 2014, in strict compliance with their agreement, the
plaintiff submitted to the defendant, through its president, all the
plumbing and electrical plans pertaining to the DBM project which
BCFA accepted to its full satisfaction and without any reservation.
5.) Since the agreement was for the defendant to pay the plaintiff the full
contract price of P1,500,000 upon the latters submission and the
formers acceptance of the required electrical and plumbing design
and drafting requirements, the plaintiff repeatedly made verbal
demands upon the defendant to pay him the contract price.
6.) The defendant however, refused payment saying it did not win the bid
for the DBM project and so the plaintiffs electrical designs and
drafting requirements were never put to use and did not benefit the
company.
7.) There was no agreement between the parties whether the payment of
the plaintiffs fee was conditioned upon defendant winning the bid for
the DBM project.
8.) On April 10, 2014, the plaintiff wrote the defendant a final demand
letter. Despite the 15-day period provided for in said demand letter,
the defendant remained adamant in its refusal to pay the plaintiff.
Hence, the plaintiff was constrained to secure the services of a lawyer
to file this legal action.
PRAYER
WHEREFORE, it is respectfully prayed that, after hearing,
judgment be rendered ordering the defendant:
1.)

To perform his part of the contract by paying the

plaintiff the sum of P1,500,000 as professional fees
for the services rendered by him;

2.)

To pay the plaintiff the sum of P100,000 as and by

3.)

way of litigation expenses and attorneys fees;

To pay the cost of the suit.

Other reliefs just and equitable under the premises are likewise
prayed for.
Las Pinas City, May 14, 2014.
ERICH JUSTINE V. ALANO
Counsel for the Plaintiff
20 Del Pilar St., Brgy. San Roque, Quezon City
PTR No. 9922000/9-18-13/Q.C.
Roll of Attorneys No. 55777
IBP No. 765000/9-22-13/Quezon City
MCLE No. 111-100000
August 12, 2013/ Quezon City

VERIFICATION

I, FELICISIMO R. COLAS, JR., of legal age, Filipino and a

resident at the above given address, avers under oath that:
1.) I am the plaintiff in the above-titled case.
2.) I caused the preparation of the foregoing complaint.
3.) I have read and that the allegations therein are true and
correct of my personal knowledge or based on authentic
records.

FELICISIMO R. COLAS, JR.

SUBSCRIBE AND SWORN to before me this ___ day of May,
2014, affiant exhibiting her CTR No. ________________ issued on
________________, at ________________.

Doc No. _____

Page No. _____
Book No. _____
Series of 2014

CERTIFICATION

I, FELICISIMO R. COLAS, JR., of legal age, Filipino and a

resident at the above given address, avers under oath that:
1.) I have not commenced any action or filed any claim
involving the same issues in any court, tribunal or quasijudicial agency and, to the best of my knowledge, no such
other action or claim is pending therein;
2.) Should I hereafter learn that the same or similar action or
claim has been filed or is pending, I shall report that fact
within five (5) days from such knowledge to this Honorable
Court.

FELICISIMO R. COLAS, JR.

SUBSCRIBE AND SWORN to before me this ___ day of May,
2014, affiant exhibiting her CTR No. ________________ issued on
________________, at ________________.

Doc No. _____

Page No. _____
Book No. _____
Series of 2014