Republic of the Philippines

Regional Trial Court

Branch _______
Mandaue City

PENSHONE INCORPORATED, CivilCaseNo.____________________

represented by its President,
Mr. Jerome Bonsol,
Plaintiff,

-versus- For: Specific Performance

and/or
Sums of Money with
Damages

YUNGCHOW CORPORATION, represented by

Its President Mr. Ramon de Leon,
Defendant.
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COMPLAINT

Plaintiff, assisted by undersigned counsel, unto the Honorable

Court most respectfully states:

PARTIES

1. That Plaintiff is a corporation, represented by its President

Mr. Jerome Bonsol, who is armed with a Secretary's Certificate to
represent for and in behalf of the Plaintiff Corporation, a copy of
which is hereto attached as Annex “A”, with license issued by the
Securities and Exchange Commission to do business, engaged in
the business of providing computer services, systems and network
administration and assistance to BPO Companies and tech support
providers in the Visayas and Mindanao, with office address at JDY
Building, A.S. Fortuna Street, Mandaue City. It may be served with
notice, and other Court processes, through its President at the office
address above given;

2. That Defendant is a corporation duly organized and is

doing business as a technical support provider with principal office at
TGU Tower, IT Park, Cebu City, where it may be served with
summons, notice, and other processes of the Honorable Court;
 CAUSE OF ACTION

3. That sometime on February 2, 2018, Plaintiff submitted to

Defendant a price quotation of the AS5350 CISCO Router in the
amount of SIX HUNDRED NINETYFOUR THOUSAND FIVE
HUNDRED FIFTY ONE PESOS AND 40/100 (P/694,551.40) for the
following specification:

-High Density Voice with 2E1, AS5x-PVDM2-64, IP +

IOS,
AS5350 Dual E1/PRI DRF card
- AS5350 Ser IOS IP PLUS
- AS5350-DF-2CE1, AS5350 Dual E1/PRI DFC card
- AS535XM-AC-PWR, AS5350XM AC Single Power
Supply
- CAB-AC, Power Cord, 110V
- MEM-512M-AS5XM, AS5350XM and AS5400XM
512MB Main SDRAM
- MEM-128CF-AS5XM and AS4300XM 128M
Compact Flashes
- AS5X-FC, AS5000 Feature Card with Six PVDM
DSP Module Slots
- 3 Units AS5x-PVDM2-64, AS5000 64-channel
Packet voice/Fax DSP Module
- CON-SNT-AS5352E1V, 8x5Xnbd Svc, AC AS5350
Voice; 2e1, 60 ports, IP + IOS
- Cable Wire;

4. The abovementioned specification along with the terms

of payment and other conditions were stated in a Letter, a copy of
which is hereto attached as Annex “B”, as addressed to Defendant’s
President which was conformed to and accepted by the President
and the Accounting Office on February 9, 2018;

5. That on February 18, 2018, Defendant sent a Letter, a

copy of which is hereto attached as Annex “C”, to Plaintiff’s
Corporate Account Executive regarding the purchase order of the
AS5350 CISCO Router with the specifications agreed upon and the
amount of P/694,551.40 as the total consideration. The said
purchase order, a copy of which is hereto attached as Annex “C”, was
signed by the Head of the Purchasing and Accounting Department
and noted by the President of the Defendant Corporation;

6. It was expressly agreed between the parties that the

delivery of AS5350 CISCO routers will take about 30-45 working days
from date of receipt of the Purchase Order which is February 18,
2018 considering the fact that the said items and equipment are to be
shipped by Plaintiff from abroad;

7. That Plaintiff processed the shipment of the items

purchased by Defendant Corporation and even advanced its own
funds to have the items shipped and just so it can comply with its
commitment and agreement to deliver the same within 30-45 day;

8. As a sign of goodwill, Plaintiff even provided Defendant

Corporation a service unit of AS5300 for it temporary use pending the
delivery of goods despite the fact that such arrangement was not part
of the terms and conditions in the contract;

9. That on March 7, 2018, while the items were already

enroute to Cebu, the Defendant Corporation sent a Letter, a copy of
which is hereto attached as Annex “D”, telling the Plaintiff that it is
cancelling the contract without any valid reason and due notification;

10. That Plaintiff informed Defendant Corporation that

the items were already ready to be delivered and installed, and as per
agreement, Defendant Corporation must tender payment;

11. That despite the Formal Demand Letter sent to the

Defendant Corporation, a copy of which is hereto attached as Annex
“E” the latter refused and continued to refuse, the receive the items it
has ordered, and up to the present still refuses to comply the terms of
the written Contract they have entered into;

DAMAGES

12. That Defendant Corporation’s continued refusal resulted

in unrealized income to the Plaintiff since the amount could be used
for other business undertaking, for which the Defendant Corporation
should be made to pay legal interests, from the time of formal
demand up to the time that the amount is paid, by way of actual or
compensatory damages;

13. That because of the adamant stance of the Defendant

Corporation, the Plaintiff was constrained to avail of the services of a
lawyer for which it has to pay P/90,000, as acceptance fees and the
further return of P/5,000 per appearance, as well as the payment of
docket fees and other litigation expenses, of not less than P/20,000;

14.That the willful refusal to honor and agreement freely

entered into should not be countenanced, and in order to prevent
others from committing such transgressions, the Defendant
Corporation should be made to pay the amount of P/250,000 as
exemplary damages.
PRAYER

WHEREFORE, it is respectfully prayed:

(a) That the Defendant Corporation be ordered to pay

the sum of P/300,000.00 for the expenses paid by the
Plaintiff in the shipment of the items;

(b) That the Defendant Corporation be made to pay

P/90,000 in attorney’s fees plus P/5,000 per appearance
and the further amount of P/20,000 as litigation expenses;

(c) That Defendant Corporation be made to pay the

compensatory damages, equivalent to the legal interest
from the time of formal demand until such time that the
amount is delivered to the Plaintiff;

(d)That Defendant Corporation be made to pay the Plaintiff the

amount of P/250,000 as exemplary damages; and

(e) That the Plaintiff be granted such other relief

consistent with law and equity.

City of Mandaue, March 19, 2019.

ATTY. JURIS RENIER C. MENDOZA

Counsel for the Plaintiff
8th Flr., Park Tower, Cebu
Business Park, Cebu City
Tel No. (032) 8888888
Email: lyerrapalomares@gmail.com
PTR No. 874888/01/08/19/Cebu City
IBP No. 88899333 (lifetime)/Cebu City
MCLE Compliance No. VI-
0013491/2.01.19
ROLL No. 333888
 VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

Republic of the Philippines)

City of Mandaue )S.S.

I, Mr. Jerome Bonsol, of legal age, with office address at JDY Building,
A.S. Fortuna Street, Mandaue City, after having been duly sworn to in
accordance with law, do hereby depose and say:

1) That I am the President of the Plaintiff Corporation in the

above-entitled case and vested with the Secretary's Certificate, I
have caused the preparation of this complaint;

2) That I have read the contents and allegations thereof

and acknowledged that the same are true and correct of my
knowledge, and based upon actual and genuine documents;

3) That I hereby certify that I have not heretofore

commenced any other action or proceeding involving the same
issue in the Supreme Court, the Court of Appeals, or any
tribunal or agency; that to the best of my knowledge, no such
action or proceeding is pending in the Supreme Court, any such
action or proceeding which is either pending or may have been
terminated, I must state the status thereof; and proceeding had
been filed or is pending before the Supreme Court, the Court of
Appeals, or any tribunal or agency, I undertake to report the
fact within five (5) 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 on this

th
19 day of March, 2019, at Mandaue City, Philippines.

MR. JEROME BONSOL

 SUBSCRIBED AND SWORN TO before me this 19th day of
March, 2019 in the City of Mandaue, Philippines.

ATTY. JURIS RENIER C. MENDOZA

8th Flr., Park Tower, Cebu Business
Park,
Cebu City
Tel No. (032) 8888888
Email: lyerrapalomares@gmail.com
PTR No. 874888/01/08/19/Cebu City
IBP No. 88899333 (lifetime)/Cebu City
MCLE Compliance No. VI-
0013491/2.01.19
ROLL No. 333888
 SALES AGREEMENT

THIS SALES AGREEMENT (the “Agreement”) dated February 2, 2018

BETWEEN:

PENSHONE INCORPORATED
(the Seller)

-AND-

YONGCHUW CORPORATION
(the Buyer)

IN CONSIDERATION OF THE COVENANTS, and agreements contained in this

Sales Agreement the parties to this Agreement agree as follows:

Sale of Goods

The Seller will sell, transfer, and deliver to the Buyer on or before March 7,
2018, the following goods (the Goods):

-High Density Voice with 2E1, AS5x-PVDM2-64, IP + IOS,

AS5350 Dual E1/PRI DRF card
- AS5350 Ser IOS IP PLUS
- AS5350-DF-2CE1, AS5350 Dual E1/PRI DFC card
- AS535XM-AC-PWR, AS5350XM AC Single Power Supply
- CAB-AC, Power Cord, 110V
- MEM-512M-AS5XM, AS5350XM and AS5400XM 512MB
Main SDRAM
- MEM-128CF-AS5XM and AS4300XM 128M Compact
Flashes
- AS5X-FC, AS5000 Feature Card with Six PVDM DSP
Module Slots
- 3 Units AS5x-PVDM2-64, AS5000 64-channel Packet
voice/Fax DSP Module
- CON-SNT-AS5352E1V, 8x5Xnbd Svc, AC AS5350 Voice;
2e1, 60 ports, IP + IOS
– Cable Wire;
Purchase Price

The Buyer will accept the Goods and pay for the Goods with the sum of SIX
HUNDRED NINETYFOUR THOUSAND FIVE HUNDRED FIFTY ONE PESOS AND
40/100 (P/694,551.40) paid by cash as required in this Agreement.

Title/Risk of Loss

Buyer shall pay reasonable shipping costs in accordance with its shipping
instructions, but the seller shall be responsible for packaging, shipping and
safe delivery and shall bear all risk of damage or loss until the items are
delivered to the Buyer’s address.

Payment

If any invoice is not paid when due, interest will be added to and payable on
all overdue amounts at 15 percent of total charges, percent per year, or the
maximum percentage allowed under applicable laws, whichever is less.
Yungchow Corporation shall pay all costs of collection, including without
limitation, reasonable attorney’s fees.

In addition to any other right or remedy provided by law, if Yungchow

Corporation fails to pay for the Goods when due, Penshone Inc. has the
option to treat such failure to pay as a material breach of this Agreement,
and may cancel this Agreement and/or seek legal remedies.

Delivery

Time is of the essence in the performance of this Agreement, Penshone Inc.

will arrange for delivery by carrier chosen by the latter. Delivery shall be
completed by March 7, 2018.

MR. JEROME BONSOL

President, Penshone Inc.

Mr. Ramon de Leon

President, Yungchow Corporation
 PURCHASE ORDER

PENSHONE INC. Date: February 2, 2018

Address: Purchase Order No. 5888

About Vendor:

Vendor’s Name: Penshone Inc.

Company Name:
Address: JDY Building, A.S. Fortuna Street, Mandaue City.

Ship To:

Name: Yungchow Corporation

Address: TGU Tower, IT Park, Cebu City,

-High Density Voice with 2E1, AS5x-PVDM2-64, IP + IOS,

AS5350 Dual E1/PRI DRF card
- AS5350 Ser IOS IP PLUS
- AS5350-DF-2CE1, AS5350 Dual E1/PRI DFC card
- AS535XM-AC-PWR, AS5350XM AC Single Power Supply
- CAB-AC, Power Cord, 110V
- MEM-512M-AS5XM, AS5350XM and AS5400XM 512MB
Main SDRAM
- MEM-128CF-AS5XM and AS4300XM 128M Compact
Flashes
- AS5X-FC, AS5000 Feature Card with Six PVDM DSP
Module Slots
- 3 Units AS5x-PVDM2-64, AS5000 64-channel Packet
voice/Fax DSP Module
- CON-SNT-AS5352E1V, 8x5Xnbd Svc, AC AS5350 Voice;
2e1, 60 ports, IP + IOS
– Cable Wire;
 DEMAND LETTER

YUNGCHOW CORPORATION
Address: TGU Tower, IT Park, Cebu City,

March 30, 2018

Re: Payment of the Obligation

Dear Mr. Ramon de Leon:

You will note that the sum of SIX HUNDRED NINETYFOUR THOUSAND FIVE
HUNDRED FIFTY ONE PESOS AND 40/100 (P/694,551.40) is due by you. This
amount is now outstanding more than 90 days.

We would like to draw it to your attention that in the event of non-payment

by you we will commence our Legal Department Collection procedure in
respect of your case and we will pursue the amount due by you together
with legal costs until settled in full.

It is strongly in your interests to avoid the additional expense and

embarrassment of a court appearance. We strongly advise that you take
this opportunity to reach an amicable settlement.

Please now pay the sum of SIX HUNDRED NINETYFOUR THOUSAND FIVE
HUNDRED FIFTY ONE PESOS AND 40/100 (P/694,551.40) due by you and
return it to us by return of post in the attached addressed envelope.

Yours faithfully,

MR. JEROME BONSOL

President, Penshone Inc.