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Casino Jr.

v Casino
Complaint-Affidavit
Page 1 of 7
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
QUEZON CITY

ALFIE CASINO JR., REPRESENTED
BY HIS MOTHER ANDI
EIGENMANN-CASINO,

Plaintiff, Civil Case No.: 2014-156

-versus-
For: Support
ALFIE CASINO,
Defendant.

x ----------------------------------------------------------------------------------------x

COMPLAINT

PLAINTIFF, by counsel, respectfully states:

I. THE PARTIES

1. PLAINTIFF Alfie Casino Jr. (hereinafter referred to as Alfie Jr.)
is Filipino, a minor, represented by her mother Andi Eigenmann-
Casino (Andi, for brevity), a Filipino, married to defendant Alfie
Casino, and with residence at Noynoy St., Barangay Binay, Quezon
City. Plaintiff may be served copies of all pleadings, motions,
orders, notices, and other court processes through his undersigned
counsel at the address stated below.

2. DEFENDANT Alfie Casino is Filipino, of legal age, married to
plaintiff Andi Eigenmann-Casino, and with residence at Unit M8
Pacific Place, Taguig City.




Casino Jr. v Casino
Complaint-Affidavit
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II. ANTECEDENT FACTS

1. Andi and DEFENDANT entered into marriage, on February 23,
2010. A copy of the marriage certificate is herein attached as
ANNEX A and made an integral part hereof.

2. As a result of their marriage, Andi bore a child, herein
PLAINTIFF Alfie Jr., on December 2, 2010. A copy of the certificate
of live birth, signed by DEFENDANT, is herein attached as
ANNEX B and made an integral part hereof.

3. Andi and DEFENDANT together raised their child in the family
home during his early years, providing him with the necessary
emotional and financial support he needed.

4. In December of 2012, DEFENDANT received an offer, which he
subsequently accepted, from Ayala Land Cebu to work as area
head for the Metropolitan Cebu area. He later accepted this job
offer and moved to Cebu on the same month.

5. DEFENDANT initially sent P10,000 for the months of December
2012, January and February 2013 to PLAINTIFF Andi to take care
of the familys expenses while maintaining contact with them.

6. The monthly remittances for support, however, ended in March
of 2013 due to reasons unknown to PLAINTIFFS.

7. Andi was left to maintain the family home, including providing
for groceries, utilities, and other household needs. As evidence
thereof, grocery receipts for the months of January to June 2014 are
herein attached as ANNEX C and made an integral part hereof.
Electricity bills for the same months are herein attached as
ANNEX D and made an integral part hereof. MAYNILAD utility
bills for the same months are attached as ANNEX E and made an
integral part hereof.

8. PLAINTIFF Alfie Jr. is about to enter pre-school at Links
Learning Center but, together with the daily sustenance a growing
infant child is required to have, Andi cannot anymore carry the
Casino Jr. v Casino
Complaint-Affidavit
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financial burden of raising the minor child which she solely
shouldered from the time DEFENDANT stopped sending him
money for their support. A copy of the Statement of Account for
the SY 2014-2015 is herein attached as ANNEX F and made an
integral part hereof.

9. Andi only has her employment as Sales Clerk at SM Department
Store to rely on, for which she receives a gross monthly
compensation of PESOS: FIFTEEN THOUSAND and 00/100 only
(P15,000). A copy of the pay slip is herein attached as ANNEX G
and made an integral part hereof.

10. Andi has no other appreciable assets, aside from cash-in-bank
amounting to P5,500, to support their child. As evidence, a copy of
the bank statement is herein attached as ANNEX H and made an
integral part hereof.

11. DEFENDANT, on the other hand, is gainfully employed by
Ayala Land Cebu as Area Manager, earning gross monthly
compensation of PESOS: ONE HUNDRED THOUSAND and
00/100 (P100,000), exclusive of commissions. A copy of the
Certificate of Employment is herein attached as ANNEX I and
made an integral part hereof, and the pertinent monthly pay slip is
herein attached as ANNEX J and made an integral part hereof.

12. DEFENDANT also derives income from shares of stock of Ayala
Land Corporation. A certified true copy of the General Information
Sheet of Ayala Land is herein attached as ANNEX K and made
an integral part hereof.

13. DEFENDANT also derives rental income from one (1) single-
storey apartment, consisting of two (2) rentable spaces, located at
519 Lacuna St., Bangkal, Makati City. The certified true copy of the
pertinent Transfer Certificate Title in the name of DEFENDANT is
herein attached as ANNEX L and made an integral part hereof.

14. The rent for aforesaid apartment is P7,500 per month per unit. A
copy of the receipt of payment of rent for the month of June 2014 is
herein attached as ANNEX M and made an integral part hereof.
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Complaint-Affidavit
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The pertinent deposit slip, in the name of DEFENDANT, is herein
attached as ANNEX N and made an integral part hereof.

15. DEFENDANT, despite having the means to do so, has wilfully
and maliciously failed to provide support essential to the raising of
PLAINTIFF Alfie Jr, alleging that the child is not his.

16. On March 16, 2014, Andi, through counsel, had a formal letter to
demand support from him sent to DEFENDANTS last known
office address, but this was left unanswered. A copy of the letter is
herein attached as ANNEX O and made an integral part hereof.

17. Despite repeated oral and written demand, DEFENDANT still
failed to send support for his family.

18. PLAINTIFF Andi, because of the DEFENDANTS failure to
provide for the support of PLAINTIFF Alfie Jr., suffered anxiety,
sleepless nights, mental anguish, and wounded feelings for fear
that she alone will not be able to provide for their child the support
and care he deserves.

III. PRAYER

IN VIEW OF THE FOREGOING, plaintiff respectfully prays that
judgment be rendered against defendant ordering the latter to pay
plaintiff:

1. Pay support retroacting to March 2013, amounting to PESOS:
TWENTY FIVE THOUSAND and 00/100 (P25, 000.00) per month,
exclusive of penalties and surcharges.

2. The amount of PESOS: FIVE HUNDRED THOUSAND and
00/100 (P500,000.00) by way of Attorneys fees and costs of
litigation.

3. The amount of PESOS: FIFTY THOUSAND and 00/100
(P50,000.00) by way of moral damages.

4. Litigation costs.
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Complaint-Affidavit
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5. Any and all reliefs the court finds just and equitable.

FURTHER, AFFIANT SAYETH NAUGHT.



BOHOLANO, LUGLUG, MERCADO,
VENTURINA, AND VIBAR LAW
OFFICE
Counsel for Plaintiff
12
TH
Floor TMBC Bldg.
6772 Ayala Avenue,
Makati City

By:


Atty. Carlo Marco Q. Mercado
PTR No. 65982/ 2-18-14
IBP No. 46598/ 4-11-14
Roll of Attorneys No. 98562
MCLE Compliance Cert. No. 85462


















Casino Jr. v Casino
Complaint-Affidavit
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VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING

I, Andi Eigenmann-Casino, of legal age, after having been duly
sworn in accordance with law, depose and state that:

1. I represent the minor plaintiff in the above-stated case as his
mother;

2. I, for the minor plaintiff, caused the preparation of the foregoing
complaint;

3. The allegations of which I have read and understood true and
which I know to be true and correct based on my own personal
knowledge and authentic records of the case in my possession;

4. I hereby certify that the annexes attached to this complaint are
faithful reproductions of the originals;

5. I have not, heretofor, commenced any action or filed any claim
involving the same issues in the Supreme Court, the Court of
Appeals, or different divisions thereof, or any other court, tribunal
or agency;

6. If I should thereafter learn 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 undertake to report that
fact within five (5) days therefrom to this Honorable Court.


___________________________

Affiant


SUBSCRIBED AND SWORN to before me this ___ day of
__________ 2014 at _________________ affiant exhibiting to me his
Drivers License No.____________________ issued at
_____________ and valid until ___________.
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Complaint-Affidavit
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Doc. No.
Page No.
Book No.
Series of 2014.