Republic of the Philippines

REGIONAL TRIAL COURT

BRANCH _____
Fourth Judicial Region
Pallocan West, Batangas City

HBR FUELS CORPORATION PHOENIX

PETROLEUM MALVAR
represented by ______
Plaintiff,
Civil Case No:
-versus-
For: Collection of Sum of Money

YARIKATA CONSTRUCTION.,
Defendant.
x------------------------x

COMPLAINT

PLAINTIFF, through counsel, respectfully states that:

1. Plaintiff, HBR FUELS CORPORATION PHOENIX PETROLEUM MALVAR, is a

corporation duly organized and existing under the laws of the Republic of the Philippines with
legal capacity to sue and be sued, with business address at _________, represented herein by
__________. Copy of the Secretry Certificate is attached hereto as Annex “A” and made an
integral part hereof;

2. Defendant Rainbow Cement Corp. is also a corporation with business address at

Gulod Itaas, Batangas City where it may be served with summons, notices, orders and other
legal processes of the Honorable Court;

3. On August 16-29, 2019, the defendant incurred indebtedness of Three Hundred

Ninety Five Thousand and Eight Hundred pesos (P395,800.00) to the plaintiff from the
defendant’s accrued gas up transactions with plaintiff at its gas station located in Luta Norte,
Malvar, Batangas as follows:

Date Time Product TRANS # Plate # Price Liters Amount

2019-08-16 13:45:20 DIESEL 48612 RGV449 39.24 2,000.00 78,480
2019-08-19 11:59:56 DIESEL 50187 RGV449 39.24 2,000.00 78,480
2019-08-21 13:57:42 DIESEL 51489 RGV449 39.84 2,000.00 79,680
2019-08-24 11:43:43 DIESEL 53305 RGV449 39.84 2,000.00 79,680
2019-08-29 12:21:10 DIESEL 56246 RGV449 39.74 2,000.00 79,480
Total: 10,000 395,800.00
Copies of the Invoices are attached hereto as Annexes “A” to “E” respectively.

4. On July 16, 2019 to December 6, 2019, the defendant also incurred indebtedness of
Fifteen Million Fifty Four Thousand Two Hundred Twenty Five Pesos (P15,054,225.00) to the
plaintiff from accrued rentals of heavy equipment and other construction requirements for
defendant’s project at Southern Star Fit, Sto. Tomas Batangas. Copy of computation is attached
hereto as Annex “F”;

5. That despite repeated demands of the plaintiff, the defendant started defaulting in the
payment of its due accounts;

6. On February 12, 2020, the plaintiff, through counsel, sent separate demand letters to
the defendant containing a demand for the payment of its outstanding payable. Copies of
demand letters are hereto attached as Annexes “G” and “G-1”;

7. That defendant has, as of this date, defaulted in the payment of an aggregate amount
of Fifteen Million Four Hundred Fifty Thousand And Twenty Five Pesos (P15,450,025.00)

8. It appears that defendant has no intention of paying its obligation extra-judicially.

Plaintiff has no recourse but to judicially demand from the defendant its payment and was
constrained to initiate the present suit to enforce and protect its rights, for which it engaged the
services of the undersigned counsel in an amount of ______, by way of attorney’s fees plus
____ per court appearance;
 WHEREFORE, plaintiff respectfully prays for judgment in its favor through a Decision
directing defendant to pay plaintiff Fifteen Million Four Hundred Fifty Thousand And Twenty
Five Pesos (P15,450,025.00), with legal interest, as ACTUAL DAMAGES and Twenty Percent
(20%) of the total obligation that is due and unpaid as Attorney’s Fees.

Other just and equitable reliefs are also prayed for.

City of Batangas, March 18, 2020.

JAERO P. GARCIA
Counsel for the Plaintiff
Unit N, 2nd Floor, FRC Building
Pastor Avenue, Pallocan West, Batangas City
Roll of Attorneys No. 46776
PTR No. 3309990/Batangas City/01-04-19
IBP Lifetime No. 1011203/Batangas City
MCLE Compliance No. V-0022932; 07-11-16
Mobile No. 09209818552

Email: garciajaero@yahoo.com

VERIFICATION/CERTIFICATION

I, _______, Filipino citizen, of legal age, and resident of ____, after having been duly
sworn in accordance with law, hereby depose and state that:

1. I am the authorized representative of plaintiff HBR Industrial Construction

Corporation in the above-entitled complaint and I caused the preparation of the
same; I have read and understood the contents thereof and the same are true and
correct of my own personal knowledge and based on authentic documents and
records.

2. I have not commenced any other action or proceedings involving the same issues in
the Supreme Court, the Court of Appeals or any other tribunal or agency. To the
best of my knowledge, no such other action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals or any other tribunal or
agency, and if I should learn that a similar action or proceeding has been filed before
any of the said courts, tribunal or agency, I hereby undertake to report such fact
within five (5) days therefrom to the court or agency wherein the original pleading
and sworn certification contemplated therein has been filed.

IN WITNESS WHEREOF, I hereby affixed my signature this ____________ at Batangas

City.

____________
Affiant

SUBSCRIBED AND SWORN TO before me this __________________, at Batangas

City.

Doc. No. ____ JAERO P. GARCIA

Page No. ____ Notary Public for and in the City of Batangas
Book No. ____ Municipalities of Tingloy, Mabini, Bauan
Series of 2019. San Pascual and San Jose
Commission No. 2018-34
Until December 31, 2020
Unit N, 2nd Floor, FRC Building
Pastor Ave., Pallocan West, Batangas City
Roll of Attorneys No. 46776
PTR No. 3309990/Batangas City/01-04-19
IBP Lifetime No. 1011203/Batangas City
MCLE Compliance No. VI-0018062; 02-11-19
TIN: 200-109-780