REPUBLIC OF THE PHILIPPINES

________ JUDICIAL REGION

REGIONAL TRIAL COURT

,
Plaintiff,

Civil Case No. BCV-

- versus- For: Collection of Sum of Money
with Damages

Defendant.
x---------------------x

DECISION

This an action for collection of sum of money with damages filed by

Plaintiff _________________who seeks to recover from Defendant
___________________ the amount of Five Hundred Fifty Eight Thousand
Five Hundred Pesos (P558,500.00) plus interest with damages.

Summons and copy of the Complaint were served upon the defendant
and Answer with affirmative defenses and counterclaim was filed within the
reglementary period. The plaintiff filed his pre-trial brief in time while
defendant failed to file her pre-trial brief despite Order sent by this Court.
After the pre-trial, trial on the merits ensued. On November 12, 2009, after
the Court allowing the plaintiff to present evidence ex parte, the plainiff
presented his evidence ex parte before the Branch Clerk of Court and at the
same time orally offered his exhibits. Hence, the case is hereby submitted for
the decision of the Court.

Plaintiff claims that on March 3, 2005 he and defendant executed a

Construction Agreement for the conduciton of the house of defendant at Sta.
Rosa, Laguna whereby he agree to supply labor and to supervise the
construciton of two (2) house at the rate of forty percent (40%) as labor cost
of the total cost of marerials and supervision fee of One Hundred Fifty
Thousand pesos (P150,000.00); that the payment effected by a progress
billing and the defendant undertook to give the plaintiff copies of
invoices/receipts of all materials to be compared to the records if
accountables; that sometime on February 2005, the construction started and
the defendant initially made good of the payments billed by the plaintiff at the
srart; that on the months of June, July and August 2005, the payments of
defendant were delayed and sometime on September 25, 2005, the defendant
stopped paying of billings to the plaintiff;

WHEREFORE, judgment is hereby rendered in favor of plaintiff and

against defendant ordering defendant:

a) To pay plaintiff actual damages in the amount of

P1,321,313.00 plus interest at 12% per annum from May 31,
1994 representing the total outstanding balance of defendants
indebtedness to plaintiff by virtue of the Promissory Note dated
June 24, 1994.

b) To pay plaintiff moral damages in the amount of

P1,000,000.00;

c) To pay plaintiff attorneys fees in the amount of 20% of the

sum collected; and

d) To pay costs of suit.

SO ORDERED.