REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
Branch 58, Makati City

WACKA BUILDER, INC.,

Plaintiff,

-versus- Civil Case No. 2017-0300

For: Sum of Money
ROMMEL RHINO EDUSMA,
Defendant.
x------------------------------------------x

COMPLAINT

Plaintiff WACKA BUILDER, INC., (Plaintiff or ______), by

undersigned counsel, respectfully alleges that:

NATURE OF ACTION

1. This is a complaint for collection of sum of money in the total

amount of PHILIPPINE PESOS: FOUR HUNDRED SEVENTY FIVE
THOUSAND PESOS (475, 000.00) representing unpaid and overdue fees
and charges for services rendered by the Plaintiff in favor of the Defendant.

PARTIES

2. Plaintiff is a corporation duly organized and existing under and by

virtue of the Republic of the Philippines, with principal office address at Net
Quad Building, 4th Avenue, 30th Street, E-Square Crescent Park West
Bonifacio Global City, Taguig, 1634 Metro Manila engaged in Building
Construction. It may be served with notices and other processes of this
Honorable Court through the address of the undersigned counsel specified
below. A copy of the latest articles of incorporation and by-laws of Plaintiff
as approved by the Securities and Exchange Commission (SEC) are
attached as Annex A.

3. Defendant ROMMEL RHINO EDUSMA (Defendant) is Filipino

individual, single, with principal address at 18 Camias Street, Valle Verde,
Pasig City, Metro Manila.

Collection of Sum of Money

______ vs. __________
Page 1 of 3
 STATEMENT OF FACTS

4. Sometime in January 17, 2017, Plaintiff and Defendant entered into an

agreement for the construction of Defendants property in 18 Camias Street,
Valle Verde, Pasig City, Metro Manila. Accordingly, on 201 7 January 17 to
September 23, 2017, Plaintiff rendered house construction and renovation.

5. Plaintiff issued and served (1) invoice to Defendant requesting

payment of fees and charges for services rendered, which were due for
payment on the same dates, in the total amount of PHILIPPINE PESOS:
FOUR HUNDRED SEVENTY FIVE THOUSAND PESOS (475, 000.00)

6. On account of its failure to pay the fees and charges, Plaintiff wrote a
letter on 2017 November 01 to remind Defendant of its overdue and
outstanding account in the abovementioned total amount. A security guard
on-site noted that the company was not operating.

7. As a consequence of Defendants unjustified refusal to pay the fees

and related charges, Plaintiff was constrained to file this Complaint and in
the process incur expenses by way of attorneys fees, which could be
reasonably estimated to reach at least PHILIPPINE PESOS:
FIVEHUNDRED THOUSAND & 00/100 (500,000.00), and for which
Defendant Rommel Rhino Edusma should similarly be held liable.

8. Finally, in addition to actual damages, Defendant __________should

also be held liable to pay Plaintiff the amount of at least PHILIPPINE
PESOS: TWO HUNDRED THOUSAND & 00/100 (200,000.00) as
exemplary damages to set an example or correction for the public good.

APPLICATION FOR THE ISSUANCE EX-PARTE

OF A WRIT OF PRELIMINARY ATTACHMENT

15. Plaintiff adopts and re-pleads the foregoing allegations insofar

as applicable.

16. A sufficient cause of action exists in favor of the Plaintiff and

against the Defendants.

17. The present action is also one of those mentioned in Section 1,

Rule 57 of the Rules of Court whereby a writ of preliminary attachment may
issue.

18. There is no other sufficient surety for Plaintiffs claim sought to

be enforced by this action.

19. The amount due to the Plaintiff is as much as the sum for which
an order of attachment is sought to be granted.

Collection of Sum of Money

______ vs. __________
Page 2 of 3
 20. The Plaintiff is ready and willing to post a bond in an amount as
may be fixed by this Honorable Court in its order, to answer for any and all
costs which may be adjudged to Defendants and all damages which the
Defendants may sustain by reason of the attachment, if this Honorable Court
should finally adjudge that Plaintiff was not entitled thereto.

21. The attachment prayed for is not being sought for the purpose
of injuring or harassing Defendants or to hinder or defraud any creditor of
their creditors.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed

that this Honorable Court:

a. At the commencement of the present action, issue a Writ of

Preliminary Attachment ex-parte against all leviable properties of
Defendants which are not exempt from execution or attachment, to serve as
security for the satisfaction of any judgment that may be recovered herein;

b. Render judgment ordering the Defendants to pay:

i. Actual damages in the amount of PHILIPPINE PESOS:

FOUR HUNDRED SEVENTY FIVE THOUSAND PESOS (475,
000.00, plus an additional three percent (3%) monthly surcharge by
way of penalty on all unpaid fees and charges, until fully paid;

ii. Attorneys fees in the amount of at least PHILIPPINE

PESOS: THREE HUNDRED THOUSAND & 00/100 (300,000.00);

iii. Exemplary damages in the amount of at least

PHILIPPINE PESOS: TWO HUNDRED THOUSAND & 00/100
(200,000.00); and

iv. Costs of suit.

Plaintiff prays for such other reliefs as may be just or equitable under
the premises.

Makati City for Pasig City; 2017 November 12.

SHAKIRA B. SOLIVEN
Counsel of the Plaintiff
Soliven Law Firm
Net Quad Building, 4th Avenue, 30th
Bonifacio Global City, Taguig,
1634 Metro Manila
Collection of Sum of Money
______ vs. __________
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