Republic of the Philippines

REGIONAL TRIAL COURT

Branch 1
7th Judicial Region
Bulwagan ng Katarungan
New Capitol Site, Tagbilaran City, Bohol

SPOUSES FLOYD M. WEATHER and CIVIL CASE NO. 123456

DIONISIA MAY-WEATHER, FOR: Damages
Plaintiffs,

-versus-

THE PAKYAW HOTEL AND CASINO

Defendant
x--------------------------------------------------x

COMPLAINT

COMES NOW the plaintiffs, spouses FLOYD M. WEATHER and DIONISIA MAY-WEATHER,
through the undersigned and unto this Honorable Court, most respectfully states:

1. That the plaintiff FLOYD WEATHER, is of legal age, Filipino, married to Dionisa May-Weather,
and is a resident of 69 Las Vegas Street, Tagbilaran City, Bohol, where he can be served with
summons and other processes of this Honorable Court;

2. That the plaintiff DIONISIA MAY-WEATHER, is also of legal age, Filipino and married to Floyd
Weather and is a resident of 69 Las Vegas Street, Tagbilaran City, Bohol;

3. That plaintiff FLOYD M. WEATHER is a boxer and a celebrity, being the reigning World Boxing
Council – World Welterweight Champion;

4. That plaintiff DIONISIA MAY-WEATHER is herself a well-known local celebrity, socialite and
entrepreneur;

5. That the defendant, THE PAKYAW HOTEL AND CASINO is a domestic corporation incorporated
in Tagbilaran City with principal address at 111 New York Street, Philadelphia District, Tagbilaran
City;

6. That both parties have the capacity to sue and be sued;

7. That said Hotel and Casino is a 5-star establishment and known in the locality to be the best hotel
for the affluents and well-to-dos;

8. That sometime in May 2015, said couple contacted the defendant through their General
Manager, Mr. Freddie R. Coach to inquire whether they accept bookings for weddings,
specifically on the date September 14, 2015, specifying that they were in a hurry to get married
as herein plaintiff DIONISIA MAY-WEATHER was already pregnant and didn’t want to show the
baby bump on her wedding day and that said date was very special to them as this was the day
that they officially became a couple;

9. That said General Manager confirmed the availability of said date, prompting the plaintiffs to
schedule a go-see of the venue on the following day;
10. That on the following day, the plaintiffs personally inspected the hotel’s chapel, function hall for
the reception and rooms for their guests and the General Manager confirmed the availability of
the hotel to accommodate their wedding on September 14, 2015;

11. That the General Manager confirmed once again the availability of their facilities for the said
wedding;

12. That on June 5, 2015, herein plaintiffs brought the much sought-after wedding coordinator Jinky
P. Winky from Macau for another go-see of The Pakyaw Hotel and Casino, including a 3-day
stay therein;

13. That the plaintiffs spent a total of Twenty Six Thousand Eight Hundred Twenty Four and
21/100 Pesos (Php26,824.21) for the airfare of said coordinator. Photocopy of said plane ticket
receipt attached herein as “Annex A”;

14. That the plaintiffs likewise spent a total of Fifteen Thousand Pesos (Php15,000.00) for hotel and
accommodation fees. Photocopy of said receipt attached herein as “Annex B”;

15. That the plaintiffs likewise spent Ten Thousand Four Hundred Fifty Pesos (Php10,450.00) as
professional fee of said coordinator. Photocopy of billing and receipt of professional fee attached
herein as “Annex C”;

16. That the plaintiffs, coordinator, General Manager as well as the defendant hotel’s Events Director
Princess P. Pak proceeded with the wine and food tasting, determination of the rooms and
venue of the wedding and reception, with the plaintiffs spending a total of Five Thousand Pesos
(Php5,000.00) for the said preparatory activities. Photocopy of said receipt attached herein as
“Annex D”;

17. That on June 18, 2015, the General Manager sent a billing to the plaintiffs for the package food
and accommodation for a total of One Hundred Thousand Pesos (Php100,000.00), requiring a
down payment of Fifty Thousand Pesos (Php50,000.00) AS SOON AS POSSIBLE. Photocopy
of said billing attached herein as “Annex E”;

18. That on June 19, 2015, herein plaintiffs verbally conferred with the General Manager if it was
possible to pay only Twenty Five Thousand Pesos (Php25,000.00) with the rest of the required
down payment to be paid in August and the remaining Fifty Thousand Pesos (Php50,000.00)
on the first week of September, 2015. The General Manager agreed and the plaintiffs paid the
said amount on the same day, in cash. Photocopy of the receipt attached herein as “Annex F”;

19. That the plaintiffs proceeded with the preparations for their wedding, including the sending out of
invitations setting forth the venue of their wedding as The Pakyaw Hotel and Casino. Said
invitations costing Fifty Thousand Pesos (Php50,000.00). Photocopy of the receipt attached
herein as “Annex G” and photocopy of the invitation attached as “Annex J”;

20. That on July 3, 2015, the plaintiffs received a call from the General Manager indicating that the
hotel will no longer be able to accommodate their wedding on September 14, 2015, stating their
failure to pay the total amount of down payment required and asking them for a bank account
number to which the Twenty Five Thousand Pesos (Php25,000.00) that they already paid may
be deposited;

21. That the plaintiffs refused to accept the amount by not furnishing any bank account number and
demanded a meeting with the General Manager.

22. That the plaintiffs immediately went to see the General Manager at the hotel for a clarification on
the matter but that said manager was nowhere to be found and they were merely informed that
said person was attending to other important matters;
23. That on the following day, a Bobby P. Yao, claiming to be a messenger of The Pakyaw Hotel
and Casino went to the plaintiffs’ residence at 69 Las Vegas Street to deliver the amount of
Twenty Five Thousand Pesos (Php25,000.00);

24. That said messenger pleaded with Floyd M. Weather to accept the delivery or else he might lose
his job if he fails to perform the task assigned to him;

25. That on account of said pleading, Floyd M. Weather accepted the amount;

26. That in the following days, herein plaintiffs continued to get in touch with the General Manager
and any representative from The Pakyaw Hotel and Casino to obtain any clarification on the
matter but it was to no avail;

27. That the plaintiffs were compelled to book the much cheaper Inadlaw Hotel which was the only
other available venue in the city on the said date;

28. That on July 20, 2015, plaintiffs were likewise compelled to fly in their coordinator to inspect the
venue, spending Seventeen Thousand Four Hundred Eighteen Pesos (Php17,418.00).
Photocopy of the air plane ticket attached herein as “Annex H”;

29. That plaintiffs spent another Five Thousand Two Hundred Twenty Five Pesos (Php5,225.00)
as professional fee of the coordinator. Photocopy of the receipt attached herein as “Annex I”;

30. That it was the duty of The Pakyaw Hotel and Casino to timely communicate any restrictions or
limitations on the capacity to accommodate the plaintiffs, knowing the exigency of the wedding
ceremony;

31. That The Pakyaw Hotel and Casino accommodated herein plaintiffs, confirming the availability
and willingness of the establishment to cater to a most joyous and once in a lifetime event in the
couple’s lives, willfully causing the plaintiffs to believe that they can celebrate their wedding
therein;

32. That without much explanation or offer of consolation of any kind, The Pakyaw Hotel and
Casino terminated its agreement with herein plaintiffs, leaving the latter to endure further agony
and stress in redoing their wedding preparations, wasting herein plaintiffs’ precious time;

33. That as a result of said wanton disregard for the interests of the plaintiffs, The Pakyaw Hotel and
Casino caused actual damages to the plaintiffs;

34. That as a result of the willful and flagrant disregard of The Pakyaw Hotel and Casino for its
clients, plaintiffs suffered embarrassment and humiliation from initially announcing that their
wedding will be held in a first class hotel and eventually celebrating the same in a lower class
one, not at par with the plaintiffs’ status in life and not in accordance with the bride’s earnest
wishes;

35. That as a result of The Pakyaw Hotel and Casino’s gross negligence and willful and flagrant
disregards for their clients, herein plaintiff Dionisia May-Weather suffered sleepless nights,
anxiety and social humiliation that her dream wedding may not be celebrated in time, such mental
anguish physically manifested in the then pregnant bride-to-be’s delicate condition, prompting her
to be hospitalized for two days and required bed rest for seven more days;

36. That the willful, flagrant and malicious disregard of the defendant has worked as an injustice to
the rights of the plaintiffs;
37. That as a consequence, plaintiffs were compelled to institute the instant action against the
defendant. They were constrained to retain the services of counsel to whom they paid an
acceptance fee of Forty Thousand Pesos (Php40,000.00) and bound themselves to pay the
undersigned counsel an appearance fee of One Thousand Five Hundred Pesos (Php1,500.00)
per appearance;

PRAYER

WHEREFORE, the forgoing premises considered, it is most respectfully prayed that this
Honorable Court render judgment ordering Defendant to pay herein Plaintiff the following
amounts:

1. Php129,925.00, representing the actual damages suffered by the plaintiffs;

2. Php100,000.00 as moral damages

3. Php100,000.00 as exemplary damages

4. Php40,000.00 as attorney’s fee;

Plaintiffs likewise pray for such other reliefs as are just and equitable under the premises.
SO PRAYED.
Tagbilaran City.
December 10, 2015

BOB S. ARUMA
Cousel for the Plaintiffs
PTR No. 1234567/01-06-15/Tagbilaran City
IBP No. 123456/11-06-10/Tagbilaran City
Roll No. 123456
MCLE No. 123456, Series of 2015,
dated March 5, 2015
13th Floor, RRL Building, Washington St.,
Tagbilaran City, Bohol
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF BOHOL )S.S.
CITY OF TAGBILARAN

VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING

We, FLOYD M. WEATHER and DIONISIA MAY-WEATHER, of legal age, Filipino and
residents of 69 Las Vegas Street, Tagbilaran City, Bohol, Philippines, after having been duly
sworn to in accordance with the law hereby depose and say:

1. That we are plaintiffs in the above-entitled case;

2. That we caused the preparation of the foregoing complaint;

3. That we have read and understood the contents therein and that they are true and
correct out of our own personal knowledge;

4. That we personally know that the instant case had not been filed before any judicial or
administrative forum; nor is there any pending case for the same cause of action
involving the same parties; that in the event that there is such before any judicial body or
agency; we bind ourselves to notify the court within a period of five (5) days from such
knowledge.

IN WITNESS WHEREOF, we have hereunto set our hand this 10th day December, 2015
at Tagbilaran City.

FLOYD M. WEATHER
Affiant
LTO Driver’s License No. 123456
Issued on November 6, 2014
At Tagbilaran City, Bohol

DIONISIA MAY-WEATHER
Affiant
LTO Driver’s License No. 654321
Issued on September 18, 2015
At Tagbilaran City, Bohol

SUBSCRIBED AND SWORN to before me this 10th day of December, 2015 at

Tagbilaran City, the Affiants, exhibiting to me their LTO Driver’s Licenses as aforewritten.

BOB S. ARUMA
Notary Public until 12-31-15
PTR No. 1234567/01-06-15/Tagbilaran City
IBP No. 123456/11-06-10/Tagbilaran City
Roll No. 123456
 MCLE No. 123456, Series of 2015, dated March 5,
2015
13th Floor, RRL Building, Washington St.,
Tagbilaran City, Bohol

Doc No. ________

Page No. ________
Book No. ________
Series of 2015.

REPUBLIC OF THE PHILIPPINES)

PROVINCE OF BOHOL )S.S.
CITY OF TAGBILARAN

COMPLAINT- AFFIDAVIT

I, MANNY M. WEATHER, Filipino, of legal age, with office address at Rm. 69 Dionisia
Bldg., Hen. Luna cor. Bonifacio Sts., Cogon District, Tagbilaran City, Bohol, after having been
duly sworn in accordance with law, do hereby depose and state that:
1. I am the present General Manager of PACMAN TRAILER LEASING CORP., said
company being a domestic corporation engaged in the business of trailer leasing and
other allied services with principal office at Rm. 69 Dionisia Bldg., Hen. Luna cor.
Bonifacio Sts., Cogon District, Tagbilaran City, Bohol, hereinafter referred to as
"PTLC" for brevity;

2. Along with my duties and responsibilities as such, is to represent the company in the
cases it files before any court/tribunal/judicial agency in order to protect its interests,
as manifested in the herein attached Secretary’s Certificate and herein marked as
Annex "A";

3. As mentioned above, PTLC is engaged in the business of trailer leasing and other
allied services, and among its clients is an establishment engaged in trucking
business, known as “PEOPLE’S CHAMP MARKETING" owned and managed by
MR. FLOYD M. PAKYAW & MS. JINKY P. PAKYAW;

4. Said business establishment has its known office address at #123 Jose Rizal St.,
Dampas District, Tagbilaran City, Bohol as represented by its Owners/Proprietors
MR. FLOYD M. PAKYAW & MS. JINKY P. PAKYAW with the same residence
address at the aforementioned business address, who are authorized to accept
summons and legal processes in all legal proceedings & all notices affecting the
aforementioned establishment at its aforementioned business address;

5. On various dates commencing from January 2014 up to March 2014, MR. FLOYD M.
PAKYAW & MS. JINKY P. PAKYAW, doing business under the name of PEOPLE’S
CHAMP MARKETING, engaged the services of PTLC in furtherance of their
business activity. In the course thereof, PEOPLE’S CHAMP MARKETING has
incurred several unpaid obligations to PTLC;

6. Commencing from January 2014, PEOPLE’S CHAMP MARKETING has failed to

pay their accounts regularly to PTLC which in turn made them incurred a total
obligation of ONE HUNDRED NINETY SIX THOUSAND FOUR HUNDRED
EIGHTEEN PESOS and EIGHTY FOUR CENTAVOS (PHP196,418.84) as reflected
in the herein attached Statement of Account as of January 08, 2015, and marked as
Annex “B”;
7. From that date onwards, PTLC found it hard to collect for payments from PEOPLE’S
CHAMP MARKETING in spite of several demand letters which were sent to and
received by them;

8. However, on October 27, 2014, MS. JINKY P. PAKYAW and/or PEOPLE’S

CHAMP MARKETING tendered to PTLC a post-dated EQUITABLE PCI BANK
CHECK dated October 27, 2014, with Serial No. 1234567, amounting to TEN
THOUSAND PESOS (PHP10,000.00), supposedly representing their payment for
their “Cash Bond”. Photocopy of the said check is hereto attached and marked as
Annex “C”;

9. Consequently, when negotiated/presented for payment to the drawee bank,

aforesaid check was returned unpaid by the Bank of the Philippine Islands (BPI),
U.N. Avenue Branch, with business address at United Nations Avenue, Manila, on
the specified date therein, for reason that it is “DRAWN AGAINST INSUFFICIENT
FUNDS”, as seen in the attached Annex “D” hereof;
 10. Proper notifications and demand were made and sent to MR. FLOYD M. PAKYAW
& MS. JINKY P. PAKYAW, the latter being the signatory of the check, so that they or
she could replace them with CASH and/or settle said accountability with the reason
of the return thereof. Copy of the latest demand letter is hereto attached and marked
as Annex “E” hereof;

11. In spite of the successive demand letter sent by our in-house counsel, MS. JINKY P.
PAKYAW and/or PEOPLE’S CHAMP MARKETING, failed and refused, and
continue to fail and refuse to redeem in cash the face amount of the unfunded
returned check. Filing of this case was even suspended for almost several times
already just to give them the ample time and opportunity to settle their obligations in
full, but the same served futile;

12. I am executing this affidavit to attest to the truth of the foregoing facts and for the
purpose of charging MS. JINKY P. PAKYAW as one of the Owner/Proprietor of their
business PEOPLE’S CHAMP MARKETING for violation of the provisions of BATAS
PAMBANSA BLG. 22.

AFFIANT FURTHER SAYETH NAUGHT.

Makati City for Manila, Philippines, January 08, 2008.

PACMAN TRAILER LEASING CORP.

Complainant

By:
MANNY M. WEATHER
Affiant
th
SUBSCRIBED AND SWORN to before me, this 10 day of December, at Tabilaran City,
affiant exhibiting to me his CTC No. 123456, issued on January 10, 2015 at Tagbilaran City.

FREDDIE R. COACH
Asst. City Prosecutor
PCO – Tagbilaran City
MCLE Compliance No.123
Officer-In-Charge

I hereby certify that I have personally examined the affiant and that I am fully satisfied
that he voluntarily executed and understood her sworn statement.

FREDDIE R. COACH
Asst. City Prosecutor
 PCO – Tagbilaran City
MCLE Compliance No.123
Officer-In-Charge

DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:

This DEED OF ABSOLUTE SALE is made, executed and entered into by:

        FLOYD M. WEATHER, of legal age, married to DIONISIA MAY-WEATHER, Filipino, and

with residence and postal address at 69 Las Vegas Street, Tagbilaran City, Bohol, hereinafter
referred to as the SELLER

-AND-

       MANNY D. PAKYAW, Filipino and with residence and postal address at #123 Jose Rizal
St., Dampas District, Tagbilaran City, Bohol, hereinafter referred to as the BUYER.

WITNESSETH; 

       WHEREAS, the SELLER is the registered owner of a parcel of land with improvements

located at 123 Heneral Luna St., Cogon District, Tagbilaran City and covered by Transfer
Certificate of Title No. 123456 containing a total area of ONE THOUSAND (1000) SQUARE
METERS, more or less, and more particularly described as follows:

TRANSFER CERTIFICATE OF TITLE NO. 123456

       "A PARCEL OF LAND (Lot 10 Blk 20 of consolidation subdivision plan (LRC) Pcs-13265,
being a portion of the consolidation of Lots 4751-A and 4751-B (LRC) Psd-50533,  Lot 3, Psd-
100703, Lot 1, Psd-150980, LRC Rec. Nos. Nos. N-27024, 51768, 89632, N-11782, N-13466,
and 21071 situated in the Bo. of Cogon District, City of Tagbilaran,  Province of Bohol, Is. of
Bohol. Bounded on NE., point 4 to 1 by Road Lot 11, on to the point of beginning; containing an
area of (280) square meters more or less."

       WHEREAS, the BUYER has offered to buy and the SELLER has agreed to sell the above
mentioned property for the amount of TEN MILLION PESOS (P 10,000,000.00) Philippine
Currency;

NOW THEREFORE, for and in consideration of the sum of (TEN MILLION PESOS) (P

10,000,000.00) Philippine Currency, hand paid by the vendee to the vendor, the SELLER DO
HEREBY SELL, TRANSFER, and CONVEY by way of Absolute Sale unto the said BUYER, his
heirs and assigns, the certain parcel of land together with all the improvements found thereon,
free from all liens and encumbrances of whatever nature including real estate taxes as of the
date of this sale. .

FLOYD M. WEATHER                       MANNY D. PAKYAW

            Seller                                              Buyer 
WITH MARITAL CONSENT:

DIONISIA MAY-WEATHER          JINKY PAC-PAKYAW    

  Name of Seller's Spouse                Name of Buyer's Spouse

SIGNED IN THE PRESENCE OF:

FREDDIE R. COACH               BOB S. ARUMA

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

PROVINCE OF BOHOL )S.S.
CITY OF TAGBILARAN

BEFORE ME, a Notary Public for and in the City of Tagbilaran, personally appeared:

Name                           CTC Number             Date/Place Issued   

FLOYD WEATHER                      12345678              Jan 15, 2015 / Tagbilaran City
MANNY D. PAKYAW 87654321              Jan 19, 2015 / Tagbilaran City 

Known to me and to me known to be the same persons who executed the foregoing instrument
and acknowledged to me that the same are their free act and voluntary deed.

This instrument, consisting of two (2) pages, including the page on which this acknowledgment
is written, has been signed on the left margin of each and every page thereof by the concerned
parties and their witnesses, and sealed with my notarial seal.

WITNESS  MY HAND AND SEAL on this 10th day of December 2015 at Tagbilaran City.

BOB S. ARUMA
Notary Public until 12-31-15
PTR No. 1234567/01-06-15/Tagbilaran City
IBP No. 123456/11-06-10/Tagbilaran City
Roll No. 123456
MCLE No. 123456, Series of 2015,
 dated March 5, 2015
13th Floor, RRL Building, Washington St.,
Tagbilaran City, Bohol

Doc No. ________

Page No. ________
Book No. ________
Series of 2015.