2018-80061

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 120, MANILA

ANGELICA ANONUEVO
Complainant,

-versus- Civil Case

No. 11E-03792
For: Damages

Atty. ABCD
Respondent,

COMPLAINT FOR DAMAGES

Complainant through counsel, and unto this Honorable Court,

respectfully manifest:

1. That complainant, Angelica Anonuevo, is of legal age, and single. She

is residing at Unit 123, Asia Bldg., Park Residences, Makati City. She
is the Buyer in a Contract to Sell of that condominium unit where she
is supposed to reside.

2. That respondent, Atty. ABCD, is a lawyer who is an owner of Legal

Eagles Condominiums, which is a corporation duly organized under
Philippine law, engaged in the business of selling condominium units
in Makati City.

3. That for cause of action against the defendants, it is hereby stated that
on or about June 27, 2012, the following relatives of the complainant
arrived at the condominium unit about 4:30pm. When they arrived,
they saw that the unit was padlocked, and was improperly addressed
by authority of the said company.

4. That complainant has a rightful ownership to the said condominium

unit, and was entitled to some remedy as provided by Sec. 3 and 3 (a)
of Maceda Law:

“Sec. 3. In all transactions or contracts involving the sale or financing

of real estate on installment payments, including residential
condominium apartments but excluding industrial lots, commercial
buildings and sales to tenants under Republic Act Numbered Thirty-
eight hundred forty-four, as amended by Republic Act Numbered
Sixty-three hundred eighty-nine, where the buyer has paid at least two
 2018-80061

years of installments, the buyer is entitled to the following rights in

case he defaults in the payment of succeeding installments:

(a) To pay, without additional interest, the unpaid installments due

within the total grace period earned by him which is hereby
fixed at the rate of one month grace period for every one year of
installment payments made: Provided, that this right shall be
exercised by the buyer only once in every five years of the life
of the contract and its extensions, if any.”

Hence, since the sum of her paid installments amount to more than
two years, she was entitled for a grace period which should give her
an opportunity to pay before a notice of cancellation may be raised by
the respondent. This is because the issuance of notice of cancellation
constitutes the refusal of the seller to enable her afford the grace
period.

5. That because of the said incident, the cousin of the complainant, Mig
Ryan who is a minor suffered trauma. Mig Ryan lives in the US and
went to the Philippines for the first time for a short vacation. Angelica
Anonuevo suffered humiliation by the incident. In addition, she was a
beauty queen and won the coveted crown Mutya ng Pilipinas Asia-
Pacific in 2002. The improper act of respondent’s company caused
damage on her professional and moral reputation.

6. That even though the respondent posted a Notice to Vacate, it was not
executed in good faith as the complainant’s father, not her, who is the
one who directly received and saw it.

7. That the damages to be indemnified to the complainant should

account for her following disbursments:

Php 279,342.00 : Down payment (Php 20,000.00 on 03/06/07;

Php 259,342 on 04/15/07
1, 857,561.04 : Representing 40 monthly installments from 05/15/07
to 08/15/10
2,136,903.20 : TOTAL PAYMENTS MADE

In 2011, Buyer spent more than Php 600,000.00 to refurbish the Unit.

8. That the contract has provisions which in nature, are malicious, and
against the complainant

9. That it is obvious that Atty. ABCD, who has knowledge of the law,
and such ethical responsibilities of a lawyer has been expected from
him, wrote a contract that is willfully against her, as a buyer. She is
entitled to receive damages from him as Article 21 of the New Civil
Code states, “Any person who willfully causes loss or injury to
 2018-80061

another in a manner that is contrary to morals, good customs or public

policy shall compensate the latter for the damage.”

“Article 2217. 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 or omission”

“Article 2180. The obligation imposed by Article 2176 is demandable

not only for one’s own act or omissions but also for those of persons
for whom one is responsible”.

“Article 19. Every person must, in the exercise of his rights and in the
performance of his duties, act with justice, give everyone his due, and
observe honesty and good faith”

10. That complainant, by reason of having her name and reputation

tainted caused her loss of income to the extent of not less than ONE
HUNDRED THOUSAND PESOS (P100,000.00) for the pulled out
and disengaged endorsement contracts because of the said incident.

11.That in being compelled to file an action, complainant was obliged to

hire the services of a lawyer who is entitled to attorney’s fees in the
amount of FIFTY THOUSAND PESOS (P50,000.00).

WHEREFORE, IN VIEW OF THE FOREGOING, complainant through

counsel pray this Honorable Court, after due hearing, to adjudge defendant
Atty. ABCD and his company, to pay the following:

To Angelica Anonuevo:
1. Moral damages of ONE HUNDRED THOUSAND PESOS
(P100,000.00);
2. Attorney’s Fees of FIFTY THOUSAND PESOS (P50,000.00).

ATTY. EZEKIEL JACOB D. CARINAN

Junior Associate
Roll of Attorneys No. 53380
MCLE Compliance No. V-0013652
IBP No. 1032069