REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT

THIRD JUDICIAL REGION
BRANCH ____
City of San Fernando, (P)

999 SETH PHARMACEUTICAL, INC.,

Duly represented by
JOYCEE Y. GOZUN,
Plaintiff,

- versus - CIVIL CASE NO. __________

-for-

SUM OF MONEY WITH DAMAGES

ROBINSON G. SALONGA and wife,

Defendants.
x---------------------------------------------------x

COMPLAINT

Plaintiffs, by and through the undersigned counsel, unto this

Honorable Court, hereby respectfully avers:

1. Plaintiff 999 Seth Pharmaceutical, Inc. (999 Seth for brevity) is a

corporation duly organized and existing under the laws of the
Philippines with principal place of business at Lot 20 Block 25 G/F
Rizal Ave. Cor. Jaena St. Kalayaan Village Barangay Quebiawan,
City of San Fernando, Pampanga, and herein duly represented by
JOYCEE Y. GOZUN, by virtue of a Secretary’s Certificate dated
March 25, 2022, of legal age, Filipino Citizen, single, and with
office address same as above;

2. Defendants ROBINSON G. SALONGA and his wife Blessie

Salonga are likewise both of legal age, Filipino citizens, married to
each other, and with last known address at Sitio 9, Viejo, Sto.
Niño, City of San Fernando, Pampanga, Pampanga, where they
may be served with summons and other processes by this
Honorable Court.

3. defendant’s wife is included as party-defendant pursuant to Section

4, Rule 3, of the 1997 Rules of Civil Procedure;

4. Defendant Robinson G. Salonga (Salonga for brevity) used to work

for plaintiff as Sales and Marketing Department (SMD) Manager
from March 30, 2017 to March 14, 2021, and as Technical

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 Working group (TWG) Manager from March 15, 2021to
November 19, 2021.

5. Sometime in September 2021, plaintiff suffered damages in the

amount of Php 715,789.42, equally divided due to the negligence
in the performance of defendant Salonga’s official function as
SMD Manager and that of Dennis Magcalas as Procurement and
Purchasing Manager of plaintiff;

6. In the year 2019, several expired items were returned to the main
warehouse of plaintiff by its Sales and Marketing Department
(SMD) employees;

7. It was the obligation of defendant and Dennis Magcalas to

determine the reason why said items were not sold before their
expiry dates; who among the SMD employees returned them; if
there was an effort on the part of the concern SMD employees to
dispose them of before they reached their expiry dates or not; and
if the items were bought even already nearing their expiry dates or
not;

8. The need for the aforesaid is for plaintiff to determine if the

expired items are chargeable to the SMD employees or if the
company will shoulder the same;

9. Defendant and Dennis Magcalas were given more than enough

time, which is from the year 2019 to 2021, to do their given
job/obligation, however, to the dismay of plaintiff, both Managers
neglected to perform their obligations;

10.When defendant Salonga and Dennis Magcalas were made to

explain on why they should not be terminated or disciplined on
account of the aforesaid, they owned up to their fault; note: attach
explanation letter in JA
NOTE: MARK PLEASE PROVIDE NOTICE TO EXPLAIN
ADDRESS TO DENNIS ALSO

11.Defendant wrote a three (3) pages Incident Report Form dated

September 14, 2021 and agreed that the damages equivalent to
Php357,894.71 be charged to him;

NOTE: PLEASE PROVIDE EXPLANATION OF DENNIS ALSO

12.Dennis M. Magcalas likewise wrote a handwritten Incident Report

Form reflecting his admission to his and defendant’s neglect of

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 duty and executed an agreement whereby half of the
aforementioned amount shall be shouldered by him.

13.Accordingly also, defendant executed a Company Loan Agreement

dated October 28, 2021 where he agreed to pay the said amount
within a period of 348 months or from October 28, 2021 to May
29, 2050 in the even amount of Php514.22 every payroll cut off.

NOTE: PLEASE PROVIDE COMPANY LOAN AGREEMENT OF

DENNIS ALSO

14.The aforementioned documents are all attached to the Judicial

Affidavit of plaintiff’s representative; said Judicial Affidavit is
attached to this complaint and forms part of the same.

15.Unfortunately, on November 19, 2021 defendant Salonga resigned

from his employment with plaintiff, hence, the balance of Php
356,866.27 remains unpaid.

NOTE: ATTACHED RESIGNATION LETTER.

16.The aforesaid Company Loan Agreement provides as follows:

“If the employee decides to resign/terminated, his/her entire

remaining balance shall become due and demandable without
the need of a demand. He/she shall settle his/her remaining
balance before the effectivity of his/her resignation/ separation
date.”

17.Defendant tendered his resignation on November 19, 2021 via the

Messenger App and it was effective immediately;

18. Inasmuch as the resignation of defendant Salonga from plaintiff

rendered his entire obligation due and demandable, plaintiff was
constrained to send a Demand Letter dated February 10, 2022 via
registered mail to him which was returned to plaintiff with notation
“MOVED OUT”.

19.As of this writing, the total obligation of defendant Salonga is still

in the amount of Php 356,866.27

20.That because of defendant’s obstinate refusal to satisfy plaintiff’

plainly valid, just and demandable claim, plaintiffs were compelled
to retain the services of the undersigned law office to enforce the
collection of the above said obligation and plaintiff have therefore
incurred further liability in the amount equivalent to 10% of all

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 plaintiffs’ claims as Attorney’s Fee, P5,000.00 per pleading and
research fee and P3,500.00 per court appearance;

21.That plaintiffs likewise incurred litigation expenses the Official

Receipts as evidence thereof shall be presented during the course
of the proceedings;

WITNESS/ES:

In support of this Complaint, plaintiffs will be presenting plaintiff will

be presenting at least (2) witnesses who will testify on the Following:

1. Joycee Y. Gozun duly authorized representative who will

testify on the fact that she knows defendants herein; that
defendants borrowed the amount of THREE HUNDRED
FIFTY SIX THOUSAND EIGHT HUNDRED SIXTY SIX
PESOS & 27/100 (Php 356,866.27); defendants executed a
loan agreement to evince said loan; that defendants failed to
make good his obligation up to this writing; she will likewise
testify on other pertinent documents in support of the
complaint. Said documents are attached to his Judicial
Affidavit, which forms part of this Complaint.

2. Dennis M. Magcalas, who will testify on the fact that he knows

defendant; that he is the Purchasing and Procurement Manager
of plaintiff;

Plaintiff reserves the presentation of additional witnesses in the course of the

proceedings for good cause.

The respective Judicial Affidavits of the aforementioned witnesses with the

corresponding documents that they respectively identified are already
attached to this Complaint. Said Judicial Affidavits as well as the attached
documents therein shall form parts of this Complaint.

Documentary evidence in support of the allegations contained in the

Complaint.

DOCUMENTARY EVIDENCE

(In support of the allegations contained in the Complaint)

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Exh. Document Purpose

A Secretary’s Certificate To prove that Joycee Y. Gozun

is armed with the authority to
Dated March 25, 2022 file the subject complaint and
testify for and in behalf of
plaintiff

B Loan Agreement and To prove that defendant

Promissory Note dated Salonga acquired a loan from
October 28, 2021 plaintiff and to prove that
failure on the part of defendant
Salonga to pay any of the
monthly installments when due
will render the entire obligation
due and demandable; to prove
the agreed late penalty fee and
all other pertinent allegations of
plaintiff.

C to C-4 Statements of Account To prove that indeed Blessie

from different companies Salonga owed money from
demanding payment from different companies that she
Blessie Salonga needed to immediately pay
unless she will be sued

D Statement of Account To prove the obligation of

defendants to plaintiffs

E to H Four (4) BDO Checks To prove that plaintiff Paul A.

Sanchez issued three (3) checks
to the companies from which
defendant owed money and one
(1) check to defendant Blessie
P. Salonga for her personal
loan.

I One Manager’s Check To prove that a Manager’s

Check was issued in favor of

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 Bridge Auxiliary Finance
Corporation from the bank
account of Paul A. Sanchez to
pay the obligation of Blessie P.
Salonga to said Finance
Corporation

E-1 to H-1 four (4) Check Vouchers To prove that defendant indeed
with received the four checks issued
additional by plaintiff for the involved
submarking amount in this case
s

I-1 Signature of Robinson To prove that defendant’s

Machine copy of the received the Manager’s Check
Manager’s Check with no. with no. 0004806
0004806

J Land Bank ATM CARD To prove that defendant

of defendant Blessie P. Salonga surrendered her ATM
Salonga Card to plaintiff in order that
plaintiff, through witness
Joycee Y. Gozun may withdraw
the monthly payment of
Php10,000.00 of defendant in
favor of plaintiff

K to O Five (5) BDO ATM To prove that defendant

Transaction Records reneged in the payment of their
monthly obligations to plaintiff

P and sub Demand Letter To prove that plaintiff exerted

markings effort to settle the matter out of
Registry Return Receipts court

Q Barangay Certification To prove that plaintiff tried to

undergo barangay conciliation
but the same in no longer
possible because defendants no

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 longer live in their last known
address

R Contract of Legal Services To prove litigation expenses

S Official Receipts for filing To prove litigation expenses

fees

Plaintiff reserves the right to present the filing fee receipts as

Exhibits “S” and series and other documents in the course of the proceedings
as the need arises and for good cause.

PRAYER:

WHEREFORE, premises considered, it is hereby respectfully prayed

before the Honorable Court to render decision in favor of the plaintiffs and
order the defendants to pay the following:

a. The sum of THREE HUNDRED FIFTY SIX THOUSAND

EIGHT HUNDRED SIXTY SIX PESOS & 27/100 (Php
356,866.27); plus legal interest from the filing of the instant case
up to the actual payment of defendants;

b. The sum of Php50,000.00 as and by way of moral damages;

c. The sum of Php50,000.00 as and by way of exemplary damages;

d. That because of defendants’ obstinate refusal to satisfy plaintiffs’

plainly valid, just and demandable claim, plaintiffs were compelled
to retain the services of the undersigned law office to enforce the
collection of the above said obligation and plaintiff have therefore
incurred further liability in the amount equivalent to 10% of all
plaintiffs’ claims as Attorney’s Fee, P5,000.00 per pleading and
research fee and P3,500.00 per court appearance;

e. Litigation expenses and costs of suit.

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

Angeles City for City of San Fernando, Pampanga April 4, 2022

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 REGINA C. GOPEZ-AGUSTIN
Counsel for Plaintiff
Until June 30, 2022
PTR NO. 1751053/01-04-22/A.C.
IBP Lifetime Member No. 09547
ROLL No. 40755
COMMISSION No. 2020-822/A.C
MCLE No. VI-0009896/07-03-18/Pasig City
P&S Bldg. Sto. Domingo, Angeles City

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REPUBLIC OF THE PHILIPPINES )
CITY OF ANGELES )S.S

Verification and Certification of Non-Forum Shopping

I, Joycee Y. Gozun, of legal age, Filipino, single, and a resident of San Fernando, Pampanga, after
having been duly sworn to, do hereby depose and state, THAT:

1. I am the duly authorized representative of the plaintiff in the above entitled Complaint for
sum of money with damages;
2. I have caused the preparation and filing of the said Complaint;
3. I have read and understood the same and all the allegations therein are true and correct, in
good faith, based on my own personal knowledge and based from authentic documents;
4. The complaint is not filed to harass, cause unnecessary delay, or needlessly increase the cost
of litigation;
5. The factual allegations therein have evidentiary support or, if specifically so identified, will
likewise have evidentiary support after a reasonable opportunity for discovery.
6. I have not theretofore commenced any other action or proceeding 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 action or proceeding is pending in the Supreme Court, the Court of Appeals, or
any other tribunal or agency; if there is any such action or proceeding which is either pending or may
have been terminated, I will state the status thereof; and if I should thereafter learned that a similar
action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or
any other tribunal or agency, I shall undertake to report the fact within five (5) calendar days
therefrom to the court or agency wherein the original pleading and sworn certification contemplated
herein have been filed.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ___ day of April 2022
in Angeles City.

JOYCEE Y. GOZUN
AFFIANT

SUBSCRIBED AND SWORN to before me this ____ day of March 2022 in Angeles City,
affiant has satisfactorily proven to me her identity thru her Unified Multi Purpose Id with no.
3417217975 known to me and to me known to be the same person who signed before me the
foregoing instrument and acknowledged that she executed the same.

Doc. No. __ REGINA C. GOPEZ-AGUSTIN

Page No. __ Notary Public
Book No. XXV; Until June 30, 2022
Series of 2022. PTR NO. 1751053/01-04-22/A.C.
IBP Lifetime Member No. 09547
ROLL No. 40755
COMMISSION No. 2020-822/A.C
MCLE No. VI-0009896/07-03-18/Pasig City
P&S Bldg. Sto. Domingo, Angeles City

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