Republic of the Philippines

REGIONAL TRIAL COURT

Branch 5
General Trias, Cavite

SPOUSES RICHARD GOMEEZ and CIVIL CASE NO. 123456

DOON ZULYETA, FOR: Damages
Plaintiffs,

-versus-

LUSEE TWORES STARS BEACH RESORT.

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

COMPLAINT

COMES NOW the plaintiffs, spouses RICHARD GOMEEZ and DOON

ZULYETA, through the undersigned and unto this Honorable Court, most respectfully
states:

1. That the plaintiff RICHARD GOMEEZ, is of legal age, Filipino, married to DOON
ZULYETA, and is a resident of 69 Liko-liko Street, General Trias Cavite, where
he can be served with summons and other processes of this Honorable Court;

2. That the plaintiff DOON ZULYETA, is also of legal age, Filipino and married to
Floyd Weather and is a resident of 69 Liko-liko Street, General Trias Cavite;

3. That plaintiff RICHARD GOMEEZ is a celebrity, being the famous and in-demand
actor in the Philippines.

4. That plaintiff DOON ZULYETA is herself a well-known also as famous celebrity,

socialite and entrepreneur;

5. That the defendant, THE LUSEE TWORES STARS BEACH RESORT,INC., is

an exclusive resort located in Derecho Street General Trias Cavite with principal
address at 009 Impontu Street, corner Lubac Road, General Trias, Cavite;

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

7. That said Cinema Productions is a number one film producer and known in the
City to be the best film maker for the affluent and famous actors;

8. That sometime in June 2012, said couple contacted the defendant through their
Operations Manager Ms. Lusee Twores to inquire whether they accept
bookings for weddings, specifically on the date December 24, 2012, specifying
that they were in a hurry to get married as herein plaintiff DOON ZULYETA 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 celebrity couple;

9. That said Operations 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 Stars Beach
Chapel, function hall for the reception and rooms for their celebrity guests and
the Operations Manager confirmed the availability of the beach to accommodate
their wedding on December 24, 2012;

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

12. That on August 10, 2012, herein plaintiffs brought the much sought-after wedding
coordinator Lusee Twores from Ormoc City for another go-see of Stars Beach
Resort, including a 5-days stay for planning therein;

13. That the plaintiffs spent a total of Fifteen Thousand Five Hundred Pesos
(Php15,500.00) 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 Eighty Thousand Pesos
(Php80,000.00) for hotel and accommodation fees. Photocopy of said receipt
attached herein as “Annex B”;

15. That the plaintiffs likewise spent Twenty Thousand Five Hundred Pesos
(Php20,500.00) as professional fee of said coordinator. Photocopy of billing and
receipt of professional fee attached herein as “Annex C”;

16. That the plaintiffs, coordinator, Operations Manager as well as the defendant
hotel’s Events Manager Baby Jane Garcia proceeded with the costume and
food tasting, determination of the rooms and venue of the wedding and reception,
with the plaintiffs spending a total of Fifteen Thousand Pesos (Php15,000.00)
for the said preparatory activities. Photocopy of said receipt attached herein as
“Annex D”;

17. That on September 10, 2012, the Operations Manager sent a billing to the
plaintiffs for the package catering food and accommodation for a total of Two
Hundred Fifty Pesos (Php250,000.00), requiring a down payment of One
 Hundred Fifty Thousand Pesos (Php150,000.00) AS SOON AS POSSIBLE.
Photocopy of said billing attached herein as “Annex E”;

18. That on September 15, 2012, herein plaintiffs verbally conferred with the
Operations Manager if it was possible to pay only One Hunderd Thousand
Pesos (Php100,000.00) with the rest of the required down payment to be paid in
the last day of September and the remaining One Hundred Fifty Thousand
Pesos (Php150,000.00) on November 10, 2012. The Operations 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
Lusee Twores Stars Beach Resort. Said invitations costing Fifteen Thousand
Pesos (Php15,000.00). 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 Operations Manager
indicating that the Resort will no longer be able to accommodate their wedding
on December 24, 2012, stating their failure to pay the total amount of down
payment required and asking them for a bank account number to which the One
Hundred Thousand Pesos (Php100,000.00) 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 Operations Manager.

22. That the plaintiffs immediately went to see the Operations Manager at the Beach
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, certain Mr. Bogart Arevalow, claiming to be a
messenger of The Lusee Twores Stars Beach Resort went to the plaintiffs’
residence at 69 Liko-liko Street to deliver the amount of One Hundred
Thousand Pesos (Php100,000.00);

24. That said messenger pleaded with Richard Gomeez 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, Richard Gomeez accepted the amount;

26. That in the following days, herein plaintiffs continued to get in touch with the
Operations Manager and any representative from The Lusee Twores Stars
Beach Resort to obtain any clarification on the matter but it was to no avail;

27. That the plaintiffs were compelled to book other resort identified as Lorna’s
Hotel and Resort 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 go in their coordinator
to inspect the venue, spending Twenty Thousand Pesos (Php20,000.00).
Photocopy of the air plane ticket attached herein as “Annex H”;

29. That plaintiffs spent another Fifteen Thousand Pesos (Php15,000.00) as

professional fee of the coordinator. Photocopy of the receipt attached herein as
“Annex I”;

30. That it was the duty of The Lusee Twores Stars Beach Resort to timely
communicate any restrictions or limitations on the capacity to accommodate the
plaintiffs, knowing the exigency of the wedding ceremony;

31. That The Lusee Twores Stars Beach Resort 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 Lusee
Twores Stars Beach Resort 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
Lusee Twores Stars Beach Resort caused actual damages to the plaintiffs;

34. That as a result of the willful and flagrant disregard of The Lusee Twores Stars
Beach Resort for its clients, plaintiffs suffered embarrassment and humiliation
from initially announcing that their wedding will be held in the exclusive Beach
Resort and eventually celebrating the same in other another resort, 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 Lusee Twores Stars Beach Resort’s gross negligence
and willful and flagrant disregards for their clients, herein plaintiff Doon Zulyeta
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 fifteen 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 Sisty Thousand Pesos (Php60,000.00)
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. Php145,000.00, representing the actual damages suffered by the

plaintiffs;

2. Php100,000.00 as moral damages

3. Php100,000.00 as exemplary damages

4. Php30,000.00 as attorney’s fee;

Plaintiffs likewise pray for such other reliefs as are just and equitable
under the premises.

SO PRAYED.

Generaal Trias Cavite.

December 28, 2012

ROBINHOOD PADILYA
Cousel for the Plaintiffs
PTR No. 1234567/01-12-17/Quezon City
IBP No. 123456/12-20-11/Quezon City
Roll No. 123456-00
MCLE No. 123456, Series of 2011,
dated December 10, 2011
10th Floor, RPP Building, Commonwealth St.,
Quezon City, Manila
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF GEN.TRIAS CAVITE )S.S.
CITY OF GEN.TRIAS

VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING

We, RICHARD GOMMEZ and DOON ZULYETA, of legal age, Filipino and
residents of 69 Liko-liko Street, General Trias, Cavite, 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, 2012 at Gen.Trias Cavite.

RICHARD Y. GOMEEZ
Affiant
LTO Driver’s License No. N02-123456-7
Issued on January 6, 2013
At General Trias Cavite

DOON S. ZULYETA
Affiant
LTO Driver’s License No. N03-654321-9
Issued on February 14, 2013
At General Trias Cavite
 SUBSCRIBED AND SWORN to before me this 10th day of December, 2012 at
General Trias Cavite, the Affiants, exhibiting to me their LTO Driver’s Licenses as
aforewritten.

ROBINHOOD PADILYA
Cousel for the Plaintiffs
PTR No. 1234567/01-12-17/Quezon City
IBP No. 123456/12-20-11/Quezon City
Roll No. 123456-00
MCLE No. 123456, Series of 2011,
dated December 10, 2011
10th Floor, RPP Building, Commonwealth St.,
Quezon City, Manila

Doc No. ________

Page No. ________
Book No. ________
Series of 2012.