Republic of the Philippines

Regional Trial Court

13th Judicial Region
Branch 8
Windsor City

Mr. Richard Vargason, plaintiff

Civil Case No. ______

Accompanied by his Attorney-in-fact

Atty. Pierre Valfort Salcedo
-versusCulligan Water Ltd., Defendant
x--------------------------------------x
COMPLAINT
COMES NOW, the plaintiff together with the undersigned counsel to
the most honorable court, MOST RESPECTFULLY STATES THAT;
1. The plaintiff is of legal age, married and residing at 404 Rusell Woods
St.,Windsor City, Cebu, where he may be served with summons, and
other process of this Honorable Court.
2. The defendant is a private corporation based in Windsor City.
3. The plaintiff is the owner of a business establishment which is a salon
located in Radisson Hotel in Windsor City, having the residential
address of Russell Woods, Windsor City and is the regular costumer of
the defendant, Culligan Water Ltd. as evidenced by the sales invoices.
(EXHIBITS A B C and D).
4. The defendant is the dealer of Culligan water products including
Culligan Water, Culligan Dispenser and Culligan Osmosis System for

the plaintiffs salon and residential home for water consumption as

evidenced by the sales invoices. (EXHIBITS A B C and D)
5. The plaintiff acquired the water products from the defendant on the
year 1986 when the plaintiff opened their salon and on the year 1999
when the plaintiffs moved to their present home and installed Culligan
Water Dispenser there as shown by two contracts for the years 1986
and 1999. (EXHIBITS E and F)
6. One of the defendants representatives asserted that their water
products are pure, healthy, could benefit pregnant women and children
and much better than the city water.
7. As the result of such representations, the plaintiff used nothing but
Culligan water for personal consumption and consumption by their
children.
8. On November 21, 2001 the plaintiff was at their home and Mrs.
Vargason was close to seven months into her pregnancy. Mrs.
Vargason bought a filled bottle of Culligan water and when she
washed the neck of the bottle she discovered a dead fly inside the
bottle. Mrs. Vargason vomited and suffered stomach cramping. Mr.
Vargason also became nauseous and also vomited later than night.
9. Following that event, Mr. Vargason could not forget the about the fly
and had nightmares about the fly. His salon business was affected
because his mood was affected by the accident. He lost regular salon
costumers because he became argumentative and edgy from having a
sense of humor towards his clients.
10.The defendant breached the contract to supply the plaintiff with pure
and safe drinking water which caused nervous shock, emotional
distress, and resulting anxiety, depression and physical and
psychological conditions arising from alleged negligence on the part
of the plaintiff.

PRAYER
WHEREFORE, premises considered, it most respectfully prayed of
this Honorable Court that judgment be rendered in favor of the plaintiff and
that after judgment;
a. The defendant shall be ordered to pay damages amounting to
P500,000.00 to the plaintiff.
b. The defendant shall be ordered to pay P 250,000.00 for the Attorneys
Fees.
Such other reliefs and remedies under the premises are likewise prayed for.
Windsor City, Cebu, Philippines, this 19th day of June 2014

Pierre ValfortSalcedo
Counsel for the Plaintiff
PTR No. 12345678:1-23-45:WC
IBP No. 9874623:1-23-45:WC
Roll No. 23558:3-18-12:Manila
Salcedo, San Luis, Gillamac, Garcia, Bacordo Law Firm
Apple One Tower, Windsor Business Park
Windsor City, Cebu
VERIFICATION AND CERTIFICATION
I, Mr. Richard Vargason, of legal age, married, Filipino Citizen and a
resident of 404 Russell Woods, Windsor City, Cebu, after being sworn
according to law, hereby depose and state that;

1. I am the Complainant in this proceeding.

2. I have read and understood the filed complaint and allegation therein.

Mr.Richard Vargason
Complainant

In witness thereof, I, Mr. Pierre Valfort Salcedo, counsel of the plaintiff,

have hereunto set my hand this 19th of June at Windsor City.

Pierre ValfortSalcedo
Counsel for the Plaintiff
PTR No. 12345678:1-23-45:WC
IBP No. 9874623:1-23-45:WC
Roll No. 23558:3-18-12:Manila
Salcedo, San Luis, Gillamac, Garcia, Bacordo Law Firm
Apple One Tower, Windsor Business Park
Windsor City, Cebu