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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


For: Support

-versusALFIE 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 EigenmannCasino (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.

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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 financial burden

Casino Jr. v Casino


Complaint-Affidavit
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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.
The pertinent deposit slip, in the name of DEFENDANT, is herein
attached as ANNEX N and made an integral part hereof.

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Complaint-Affidavit
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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:
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.
1.

The amount of PESOS: FIVE HUNDRED THOUSAND and


00/100 (P500,000.00) by way of Attorneys fees and costs of
litigation.
2.

The amount of PESOS: FIFTY THOUSAND and 00/100


(P50,000.00) by way of moral damages.
3.

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
12TH 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

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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 ___________.

Casino Jr. v Casino


Complaint-Affidavit
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Doc. No.
Page No.
Book No.
Series of 2014.