REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

Tuguegarao City

BASHA
Plaintiff,

versus Civil Case No. 040527

FOR: Recovery of Actual
Damages, Moral Damages and
Attorney’s Fees
POPOY
Defendant.
x----------------------x

COMPLAINT

Plaintiff, BASHA, by counsel and unto this Honourable Court, most respectfully
avers that:

1. Plaintiff, BASHA, is Filipino, of legal age, single and residing in Larion Alto,
Tuguegarao City, where she may be served with summons, papers and other
process of this Honourable Court;

2. Defendant, POPOY, is a Filipino, of legal age, single and residing in Larion Alto,
Tuguegarao City, where he may be served with summons, papers and other
process of this Honourable Court;

3. The defendant met BASHA since their childhood because they are neighbors in
Larion Alto, in the year 2003 they both finally decided to have a formal dating
relationship. After 7 years, the defendant asked BASHA’s hand in marriage;

4. When BASHA consented to finally be wed with the defendant, they both chose
December 12, 2012 to be the date when they would swear before the church and
the community, and show everyone their undying love;

5. In 2012, All invitations were sent out. Catering services were paid by BASHA’s
parents for Fifty Thousand Pesos (P50,000.00); “Annex A”

6. Wedding day December 12, 2012 (2pm), Defendant did not show up;

7. December 13, 2012 : BASHA learned that POPOY had a vehicular accident with
head injuries due to a collision of his car with Florida Bus Line on Dec. 12,2012 (
1 am) eve of the wedding, POPOY had amnesia,
8. In December 11,2012 ( 11:30 pm)- POPOY had a fight with BASHA. POPOY
learned that BASHA had plastic surgery to enhance her nose, chin, breast an
skin color. Popoy is a member of a religion which does not allow plastic surgery.

9. BASHA’S surgery was done in 2000 and never had any more. The Surgery was
for “medical purposes”
 Nose- for her to breathe easily,
Chin- for her to chew easily; she had a birth defect as a young child,
Breast- she had a cancer scare in 1999 which resulted to both her breasts
removed. To be confident again, she had breast surgery,
Skin color- she had a skin condition and she underwent surgery to cure it;

10. 2013, January, POPOY met Jenny. They fell in Love.

2013, March, POPOY proposed to Jenny. Jenny said “Yes”.
2013, June, Wedding Day. POPOY Recovered from Amnesia. Did not attend the
wedding. Jenny turned out to be Jun-Jun.

11. BASHA then went back to Popoy- “Tayo na lang ulit scene” POPOY Refused.

12. 2014, January, BASHA consulted a lawyer against Popoy.

13. 2014, March, Dr. Dencio admits POPOY never had amnesia. Wrong Diagnosis.
Popoy believed he had Amnesia. Dr. Dencio was not licensed. Did not yet
graduate from his residency/specialization when he first Diagnosed Popoy.
Dr. Dencio was BASHA’s Brother

14. Aggrieved, BASHA filed this action before this Honourable Court.

PRAYER

WHEREFORE, it is most respectfully prayed of this Honourable Court that after due
hearing, judgment be rendered in favour of plaintiff and against the defendant in this
manner:

1. Order the defendant to pay the plaintiff the amount of Fifty Thousand Pesos
(50,000.00) the following payments made in consideration of the promised
marriage,

2. Ordering the defendant to pay the plaintiff moral damages amounting to One
Hundred Thousand Pesos (Php 100,000.00) for besmirched reputation, mental
anguish, moral shock, wounded feelings, social humiliation and serious anxiety
brought about by the cancellation of the wedding.

3. Ordering the defendant to pay the cost of this suit and attorney’s fees of Thirty
Thousand Pesos (Php 30,000.00).

Plaintiff likewise prays for such other and further relief or reliefs as this Honourable
Court may deem just and equitable in the premises.

Tuguegarao City, Philippines, July 21, 2016.

 Atty. FRANZERIC B. CALLUENG
Counsel for the Plaintiff
IBP No. 040527, 6/4/94, BC
PTR No. 040527, 6/4/94, BC
Attorney’s Roll No. 4527
MCLE Compliance No. 11-04527

SUBSCRIBED and SWORN --- LO PALAGAY NALANG

NOTARY PUBLIC

Doc. No. 01
Page No. 01
Book No. 01
Series of 2019
 VERIFICATION AND CERTIFICATION OF
NON-FORUM SHOPPING

I, BASHA, of legal age, resident of Larion Alto, Tuguegarao City, under

oath, do hereby depose that:

1. I am the plaintiff in the said case;

2. I have caused the preparation of the same and I attest to the veracity
of all the allegations stated herein;

3. I have read and understood all the allegations herein and that I attest
to the authenticity and veracity of all the documents attached herein as
based on existing and authentic records;

4. I further certify that I have not commenced or filed any claim involving
the same issues herein with any other Court, tribunal or quasi-judicial agency
or I am not aware of any such other case or claim pending before any other
court, tribunal or quasi-judicial agency; and

5. Should I thereafter learn of the filing or pendency of such similar

action or claim, I will inform this Honourable Court of such fact within five (5)
days from knowledge thereof.

IN WITNESS WHEREOF,--- LO PALAGAY NALANG

BASHA
Affiant