Republic of the Philippines

MUNICIPAL TRIAL COURT OF SAN PASCUAL

Fourth Judicial Region
San Pascual, Batangas

ABC BUILDERS SUPPLY, INC.

Represented by Juan de la Cruz,
Plaintiff,
CIVIL CASE NO. _____
- versus- For: Collection of Sum of
Money and Damages

PEDRO K. MALABORBOR,
Defendant.

X------------------------------------------------X

COMPLAINT

PLAINTIFF, through counsel, most respectfully alleges that:

1. Plaintiff, ABC BUILDERS SUPPLY, INC., is a corporation duly

organized and existing under the laws of the Republic of the Philippines,
with business address at Ilat South, San Pascual, Batangas, represented
herein by Juan de la Cruz, Filipino, of legal age, married and with business
address at ABC Builders Supply, Inc., Ilat South, San Pascual, Batangas.
Copy of the Secretary Certificate is attached hereto as Annex “A” and made
an integral part hereof;

2. Defendant Pedro K. Malaborbor, is Filipino, of legal age, married

and resident of Calumpang East, San Luis, Batangas, where he may be
served with summons, notices, orders and other legal processes of the
Honorable Court;

3. Plaintiff, as a corporation, is engaged in the sale of building and

construction supplies and materials, while defendant is engaged in the
construction business and purchased on account from the plaintiff certain
building supplies and materials;

4. Every purchase on account made by the defendant from the plaintiff

is covered by a sales invoice and subject to a twenty five percent (25%)
interest per annum;

5. Defendant, from July 20, 2019 to August 31, 2019 made purchases
on account from the plaintiff, as follows:
Date Invoice No. Amount
Jul 20, 2019 22639 P 115,013.40
Jul 20, 2019 22638 572.00
Jul 27, 2019 22705 21,523.76
Aug 1, 2019 22698 52,300.00
Aug 2, 2019 22699 41,148.20
Aug 3, 2019 512.05
Aug 3, 2019 22803 23,370.00
Aug 7, 2019 22856 47.50
Aug 7, 2019 22915 5,611.92
Aug 10, 2019 22788 2,835.28
Aug 31, 2019 23035 2,037.56
Total Principal Amount of Purchases P 264,971.67

Copies of the Invoices are attached hereto as Annexes “B” to “K”

respectively and made integral parts hereof;

6. Of the total amount of purchases on account, defendant was only

able to pay as follows:
Date Amount
Sept 13, 2019 P10,428.00
Sept 21, 2019 40,000.00
Sept 28, 2019 20,000.00
Total amount of payments P70,428.00

7. From September 28, 2019, defendant failed to pay the plaintiff the
balance of his obligations despite repeated demands which prompted counsel
to send a demand letter on January 13, 2020. Copy of the Demand Letter
sent by counsel to the defendant is attached hereto as Annex “L” and made
integral part hereof;

8. On February 27, 2020, defendant made a partial payment in the

amount of P 15,000.00 and since then defaulted in paying the balance
despite repeated demands made by the plaintiff;

9. As of June 24, 2020, defendant has a total principal obligation to

the plaintiff in the amount of P179,543.67 and unpaid interest in the amount
of P 45,749.78 for a total outstanding balance of P 225,293.45. Copy of the
Statement of Account, dated June 24, 2020 is attached hereto as Annex “M”
and made integral part hereof:

10. Again, plaintiff, thru counsel exerted efforts to collect extra-

judicially from defendant by sending another demand letter on August 8,
2014, but he failed and refused to pay. Copies of the Demand Letter,
Registry Receipt and Registry Return Receipt are attached hereto as
Annexes “N” to “P” respectively and made integral parts hereof;

11. It appears that defendant has no intention of paying his obligations

extra-judicially, and plaintiff has no more recourse but to judicially demand
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 law
firm in an amount of P17,954.37 (10% of the total principal amount of the
obligation), by way of attorney’s fees plus Php2,000.00 per court
appearance;

12. As of June 30, 2020, defendant has an outstanding principal

obligation of P179,543.67 and unpaid interest of P 91,373.30, for a total
amount of P270,916.97. Copy of the Statement of Account as of June 30,
2020 is attached hereto as Annex “Q” and made integral part hereof.
 PRAYER

WHEREFORE, premises considered, plaintiff most respectfully prays

of this Honorable Court that after due hearing, judgment issue be rendered in
favor of the plaintiff and against defendant, ordering him jointly and as
follows:

1. To pay the total outstanding principal amount of P179,543.67;

2. To pay the unpaid interest of P 91,373.30 as of June 30, 2015, plus

interest from that date to the termination of this suit;

3. To pay the amount of P17954.37 as and by way of attorney’s fees

plus Php2,000.00 per court appearance;

4. To pay costs of suit.

Other reliefs and remedies as are just and equitable under the premises
are likewise prayed for.

Batangas City, for San Pascual, Batangas. July 6, 2020.

BATICAN AND CAMPANILLA

LAW OFFICES
Counsel for Plaintiff
st
1 Flr. N. Sangalang Bldg.
C. Tirona St., Batangas City

By:

JOSE S. BATICAN
Roll No. 53080
PTR No. 2336346 1/5/20 Batangas City
IBP No. 945063 1/5/20 Batangas City
MCLE Exemption No. IV-00100
May 16, 2020