Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 5, Davao City

MARIAM PINEDA
Plaintiff
-versus CIVIL CASE NO. xxxxxxx
For: Damages with Attorney’s Fees

MIGUEL CORPUZ
Defendant
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COMPLAINT

I. PARTIES

PLAINTIFF, thru the undersigned Counsel, unto this Honorable Court,

respectfully alleges:

1.1 That Plaintiff is of legal age, Filipino, single, and a resident of

55 Sunrise Drive Hillcrest Subdivision, Matina, Davao City, Davao
del Sur, Philippines;

1.1.1 For purposes of the instant case, MARIAM PINEDA may

be served with pleadings, decisions, orders, resolutions
and other court processes through undersigned counsel,
Dimaligalig & Santander Law, with address at the 2/F,
Maawa Compound, Mapa Street, Matina, Davao City.

1.2 That Defendant, MIGUEL CORPUZ, is likewise of legal age,

Filipino, single, and a resident of Forever Ville Subdivision, R.
Rook St, Agdao, Davao City, Davao del Sur, Philippines where
summons and court processes may be served;

II. ALLEGATIONS COMMON TO ALL CAUSES OF

ACTION

2. Sometime in 2014, Mariam and Miguel met in medicine school and

became friends thereafter;

2.1. That in 2018, Mariam and Miguel officially became a couple having
spent significant time with each other, sharing similar background
and interests.
2.2. That in 2019, both graduated from medicine school. Miguel was
admitted as an orthopedics resident in DMSFI Hospital while
Mariam was admitted as an internal medicine resident in Davao
Doctors Hospital.

2.3. On May 13, 2022, on the day of their anniversary, Miguel

proposed marriage to Mariam in The White House in Davao City.
Mariam, over the moon with the proposal, agreed. In the months
following the proposal, they became occupied in preparing for the
wedding.

2.4. Miguel and Mariam were planning to hold the wedding a year later
on May 13, 2023.

2.5. That on April 29, 2023, Miguel and Mariam met in Café Firenzo to
finalize wedding plans;

2.5.1.That Mariam for feeling sick, went to the bathroom. Upon

returning from the bathroom, Jay suddenly inquired on her
relationship with Jay, a fellow resident;

2.5.2.Mariam responded that Jay is her closest friend and her

support system. Then they went back in finalizing their
wedding;

2.6. That as of April 29, 2023, Miguel and Mariam have cumulatively
spent ₱1,187,500.00 towards the wedding to pay for suppliers and
other similar purchases;

2.6.1.That Mariam has paid a non-refundable amount of ₱607,500.00

towards several wedding suppliers and made purchases
connected to the wedding;

2.6.2.The breakdown of the payments made by Mariam are as

follows;

2.6.2.1. Reception Venue and Caterer: Park Inn by Radisson

Davao – PhP950,000 c/o (50%) and Mariam (50%)

2.6.2.2. Wedding Coordinator: El Bonita Events – PhP25,000.00

c/o Mariam

2.6.2.3. Photographer and Videographer: Oak St. Studios –

PhP45,000 c/o Miguel (50%) and Mariam (50%)

2.6.2.4. Bridal Gown: White Label Bridal – PhP50,000.00 c/o

Mariam
 2.6.2.5. Makeup Artist: Leeonne Make-up Artist – PhP35,000.00
c/o Mariam

Please see Annex A, B, C, D, E

2.7. On May 5, 2023, at around 10:00 pm, Mariam was coming out of a
24-hr duty when she received a voice message from Miguel.

The voice message said:

“Mariam, I don’t think I can go through the wedding. For the

longest time, I had been sure you were my soulmate, that you
were the right person for me and we will grow old together. I
honestly believed that. But not anymore. You are lying and
cheating on me. I can’t build a life with someone who is
unfaithful.”

2.7.1.That Mariam, after receiving above voice message, tried

contacting Miguel but was ultimately unsuccessful.

2.8. On May 6, 2023, Mariam woke up to the news that Miguel’s family
has officially called off the wedding.

2.9. Thereafter, Miguel’s parents gave notice on the cancellation of the

wedding to the wedding guests without supplying any explanation.
Instead, they advised the guests to inquire to Mariam about the
reason of the cancellation.

2.10. As a result, Mariam was bombarded with questions from their

relatives and friends wanting to know what happened. Mariam
even became a subject of gossip in the hospital.

III. FIRST CAUSE OF ACTION

Defendant is liable to the plaintiff for
actual damages

3.01. The plaintiff re-pleads all of the foregoing allegations and further
states:

3.02. Article 21 of the new Civil Code Provide: “Any person who wilfully
causes loss or injury to another in manner that is contrary to morals,
 good customs or public policy shall compensate the latter for the
damage.”

3.03. In the present case, the defendant has unilaterally cancelled the
wedding without providing any adequate reason, did it through a
voicemail without any kind or form of discussion with the plaintiff and
through his parents, directly instructed the invited guests to ask the
plaintiff about the reason behind the cancellation of the wedding
subjecting the plaintiff to unnecessary humiliation after the fact that
wedding preparations were at the final stage. The actions of the
defendant display that he did it with no regard for the plaintiff’s
reputation, as if the plaintiff was not his fiancé and his sweetheart for
the past 5 years.

3.04. The method that the defendant breached his promise to marry the
plaintiff is clearly contrary to morals, good customs and public policy
making the defendant liable.

3.05. The plaintiff has spent a non-refundable sum of ₱607,500.00 towards

the expected wedding celebration. Please see Annex A ,B ,C ,D ,E

3.06. Further, a mere breach of promise to marry is not an actionable

wrong. But to formally set a wedding and go through all the above-
described preparation and publicity, only to walk out of it when the
matrimony is about to be solemnized, is quite different. This is
palpably and unjustifiably contrary to good customs, for which
defendant must be held answerable in damages in accordance with
Article 21 aforesaid.1

3.07. The cancellation of the Defendant of the wedding done so at the final
stages of preparation attended with acts that resulted to the further
unnecessary humiliation of the plaintiff, makes the defendant liable to
compensate the Plaintiff for damages.

3.08. Given the foregoing, MARIAM PINEDA is entitled to actual damages

by reason of the non-refundable payments made in consideration of
the wedding in the amount of ₱607,500.00 from MIGUEL CORPUZ.

IV. SECOND CAUSE OF ACTION

1
Wassmer v. Velez, G.R. No. L-20089, [December 26, 1964], 120 PHIL 1440-1447
Defendant is liable to the plaintiff for
moral damages
4.01 The plaintiff re-pleads all of the foregoing allegations and further
states:

4.02 When a breach of promise to marry is actionable under Article 21 of

the Civil Code, moral damages may be awarded under Article 2219 (10)
of the said Code.2

4.03 Article 2217 provides that Moral damages include physical suffering,
mental anguish, fright, serious anxiety, besmirched reputation, wounded
feelings, moral shock, social humiliation, and similar injury. Though
incapable of pecuniary computation, moral damages may be recovered
if they are the proximate result of the defendant's wrongful act for
omission.

4.04 The defendant, by his cancellation of the wedding, at the final stages
of the preparation and by instructing the guest to further inquire of the
reason of the cancellation to the plaintiff, subjected the plaintiff to mental
anguish, serious anxiety, besmirched reputation, wounded feelings,
moral shock, social humiliation, and other similar injury.

4.05 That by reason of defendant’s unjustified acts, violation and disregard

of plaintiff’s rights, plaintiff is entitled to the award of moral damages in
the amount of Two Hundred Thousand Pesos (Php200,000.00).

V. THIRD CAUSE OF ACTION

5.01 The plaintiff re-pleads all of the foregoing allegations and further
states:

5.02 As a result of the defendant’s unjustified acts, violation and disregard

of the plaintiff’s rights, the plaintiff was constrained to litigate and to
engage the services of counsel to protect its interest and enforce its
rights against the defendant.

5.03 Thus, the defendant should be held liable to the plaintiff for attorney’s
fees in the amount of Php200,000.00, or such amount as may be
proven during trial, plus costs of suit and other litigation expenses.

VI. WITNESSES

2
Wassmer v. Velez, G.R. No. L-20089, [December 26, 1964], 120 PHIL 1440-1447
6.01 The plaintiff shall present the following witnesses;
a. Ms. Lily Che– To testify on the payments made by the
plaintiff to several suppliers and the non-refundable
nature of such payments.
b. Mrs. Aurora Pineda- To testify on the impact of the
cancelled wedding on the Plaintiff.
c. Ms. Marjorie Yu- To testify on the nature of relationship
between Mariam Pineda and Miguel Corpuz.
d. Mr. Greg Reyes- To testify on the complied
requirements for the wedding.

6.02 Other witnesses not named herein who may be required to be

presented and/or compelled by the Honorable Court to testify under
equitable and justifiable circumstances, are likewise reserved.

VII. DOCUMENTARY AND OBJECT EVIDENCE

7.01 The plaintiff will present the following documents/or object evidence:

7.01.1 A. Receipt for Reception Venue and Caterer: Park Inn by

Radisson Davao
7.01.2 B. Receipt for Wedding Coordinator: El Bonita Events
7.01.3 C. Receipt for Photographer and Videographer: Oak St. Studios
7.01.4 D. Receipt for Bridal Gown: White Label Bridal
7.01.5 E. Receipt for Makeup Artist: Leeonne Make-up Artist
7.01.6 Judicial Affidavit of Plaintiff, MARIAM PINEDA
7.01.7 Judicial Affidavit of wedding organizer, Ms. Lily Che
7.01.8 Judicial Affidavit of mother of the Plaintiff, Mrs. Aurora Pineda
7.01.9 Judicial Affidavit of Ms. Marjorie Yu
7.01.10 Judicial Affidavit of the City Registrar, Mr. Greg Reyes

7.02 Other documentary and object evidence not listed herein but
which may later on be obtained by the plaintiff and the presentation of
which may be required by equitable and justifiable circumstances are
likewise reserved.

PRAYER
WHEREFORE, premises considered, plaintiff MARIAM PINEDA
respectfully prays that the Honorable Court render judgment:
(a) directing the defendant to pay plaintiff MARIAM PINEDA the amount of
Php607,500.00 representing the actual damages for defendant’s
cancellation of the wedding;
(b) directing the defendant to pay plaintiff MARIAM PINEDA the amount of
Php200,000.00 representing the moral damages for defendant’s
cancellation of the wedding;
(c) directing the defendant to reimburse plaintiff MARIAM PINEDA for costs
of suit and other litigation expenses.
All other reliefs that may be just and equitable under the circumstances are
likewise prayed for.

Davao City, 15 March 2021.

Dimaligalig & Santander Law

for the plaintiff
with address at the 2/F, Maawa Compound, Mapa Street, Matina, Davao
City
Tel No.: (6382) 8888 333 docket3@dslaw.com

By:

DAN SANTANDER
IBP Lifetime No. 013193/Makati/Jan. 14, 2011
PTR No. 888888/Jan. 14. 2011/Makati City
Roll of Attorneys No. 55555
MCLE Compliance Cert. No. VI-0038955/March 3, 2019
ds2@dslaw.com
 VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING

I, MARIAM PINEDA of legal age, Filipino, single, and a resident of 55 Sunrise Drive Hillcrest Subdivision,
Matina, Davao City, Davao del Sur, Philippines, after having been duly sworn to in accordance with law
hereby depose and say:

1. That I am the petitioner in the above-entitled civil case, and I have caused the preparation of the
foregoing complaint; I have read and understood its content and the same are true and correct
of my own personal knowledge and based on authentic records;

2. That I have not commenced any other case/action or proceedings or any claim involving the
same issues raised in the above-captioned case, in this Honorable Supreme Court, in the Court
of Appeals, nor the different Divisions thereof, nor in any other action or claim is pending
therein;

3. That I hereby undertake to notify this Honorable Court of such fact within five (5) days from
receipt of such knowledge, should I come to learn that the same or a similar action or claim has
been filed or pending in the Supreme Court, Court of Appeals, the different Divisions thereof, or
any other court or tribunal or agency.

WITNESS WHEREOF, I hereunto set my hand this 5th day of December, 2022 at Davao City, Davao
del Sur, Philippines.

MARIAM PINEDA
Plaintiff

SUBSCRIBED AND SWORN TO before me this 8th day of July, 2023 at Davao City, affiant having
exhibited to me his Driver’s License with No. 121314 issued on 07-08-18 at Davao City.

ATTY. SHEV D. SY
Notary Public
Sy Law Office, Buhangin Commercial Bldg., 8000, Davao
City Roll of Attorneys No. 131712 PTR NO. 908712, 08/05/17, Davao City
IBP No. 345126, 08/03/17, Davao City
MCLE Comp. No. VII-0003214, 08/01/17

Doc. No.04;
Page No.10;
Book No.18;
Series of 2023