Republic of the Philippines

11th Judicial Region

REGIONAL TRIAL COURT
BRANCH ___
Digos City, Davao del Sur

BENDITA APPLIANCES
CORPORATION, represented
by LILY MENDOZA, Branch
Manager,
CIVIL CASE NO. 002
Plaintiff,

- versus -
FOR: COLLECTION FOR
SUM OF MONEY AND
MILO RICHARDS, DAMAGES

Defendant.

X ------------------------------- /

COMPLAINT

Comes now plaintiff, through the undersign counsel

and unto this Honorable Court, most respectfully avers:

1. That plaintiff, BENDITA APPLIANCES CORPORATION

(BENDITA for brevity) is a corporation organized and
existing under the laws of the Philippines, whose principal
place of business is located at 2nd Floor GTC Building,
Borromeo Street, Cebu City, duly represented herein by
LILY MENDOZA, Branch Manager, of legal age, Filipino, and
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Complaint
Bendita Appliances Corporation

may be served with summons and other court processes at

counsel’s address as indicated below. He was authorized to
file this case as per Board Resolution. Attached hereto is the
Secretary’s Certificate marked as Annex “A” hereof;

2. That Defendant is likewise of legal age, Filipino, married,

and may be served with summons and other court processes
at Roxas Extention, Zone 2, Digos City;

3. That all the parties have the capacity to sue and to be

sued;

CAUSE OF ACTION

4. That the defendant is a previous employee of BENDITA as

branch manager in Digos Branch in the year 2010;

5. That when the audit was conducted at Bendita Digos

branch, the company noted that there are missing
inventories during the time when the defendant is still a
Branch Manager of the plaintiff in the amount of P203,
768.50. And that the defendant was informed by the
company by sending him a memo. Attached hereto is the
copy of the memo dated March 1, 2017 marked as Annex
“B”.

6. That the company discovered through its Head Office –

Audit Department that there was an additional missing
inventory stocks which have a total amount of P124,
859.00. The plaintiff sent another memo to the defendant
to inform him of such fact. Attached hereto is the copy of
the memo dated March 31, 2017 marked as Annex “C”.
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Complaint
Bendita Appliances Corporation

7. That the defendant failed to give an explanation of the

missing inventories during his time as Branch Manager of
the company. Plaintiff thereafter sent a demand letter dated
August 15, 2017 to settle the total amount of P394, 009.50
which includes the missing inventories, erroneous release,
unauthorized released, etc., less partial payment as per
record. Attached hereto is the copy of the demand letter
marked as Annex “D”.

8. That despite the lapse of time given in the demand,

defendant failed to remit or pay the said amount or to make
arrangement for the settlement of said account.

9. That plaintiff sent another demand which serves as a Final

Demand to the defendant on November 10, 2017 for his
unpaid obligation. Attached hereto is the copy of the
demand letter marked as Annex “E”. But despite the last
demand letter sent, defendant failed to settle his obligation.

CLAIM FOR DAMAGES

1. That due to the malicious refusal of the defendant to pay

his debt to herein plaintiff, the latter was constrained to hire
the services of a lawyer to enforce his rights and was
obligated to pay an attorney’s fees of Php 50, 000.00 plus
P2, 000 per court appearance;
2. That plaintiff was forced to file this instant case where
they spent filing fees as litigation expenses of not less than
P15,000.00;

PRAYER

WHEREFORE, in view of the foregoing, plaintiff

through the undersigned counsel and unto this Honorable
Court, most respectfully prays that after hearing on the
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Complaint
Bendita Appliances Corporation

merits, judgment shall be rendered in favor of the plaintiff

and against the defendant and eventually the following
orders be issued, ordering the defendant:

1. To pay plaintiff the TOTAL SUM of THREE HUNDRED

NINETY FOUR THOUSAND NINE & 50/100 (PHP 394,
009.50) PESOS, plus interest until complete payment is
made;
2. To pay Attorney’s fees amounting to Php 50, 000.00 plus
Php 2, 000.00 as appearance fee per court hearing;
3. To pay Php 15,000.00 as litigation expenses.
Such other reliefs which are just and equitable in the
premises are also prayed for.

Digos City, Philippines, this April 29, 2018.

BENDITA APPLIANCES CORPORATION

Represented by:

LILY MENDOZA
Plaintiff

Assisted by:

ATTY. RHEA MAE E. OLAIVAR

Counsel for the Plaintiff
MCLE Compliance Cert. No. IV, 0000888, Nov. 30, 2019
PTR No. 0622111/01-04-18/Hagonoy, Davao del Sur
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Complaint
Bendita Appliances Corporation

IBP O.R.No. 12345/ 11-26-16/ Digos City

TIN No. 123-456-789/ Roll No. 98765
Roxas Extention, Digos City
Cellular Phone No. 09001133556

VERIFICATION/CERTIFICATION OF NON-FORUM
SHOPPING

I, LILY MENDOZA, of legal age, Filipino, married and

a resident of Roxas Extension, Digos, Davao del Sur,
Philippines, after having been duly sworn to in accordance
with law, do hereby depose and say:

1. That I am the Plaintiff in this case;

2. That I have caused the preparation of the above

complaint;

3. That I have read and understood all the contents thereof;

4. That the same are true and correct to the best of my

personal knowledge and based on authentic records;

5. That I have not commenced or filed any action or

proceeding involving the same issues as in this case at
bench in any branches of this Court, or any other courts and
other tribunal or agency whatsoever and to the best of my
knowledge, no such action or proceeding is instituted nor
have been pending in the Supreme Court, Court of Appeals
or other different divisions thereof, or any other tribunal or
agency thereof;
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Complaint
Bendita Appliances Corporation

6. That if I would thereafter learned that similar action or

proceeding has been pending before the Supreme Court or
any other courts or tribunal thereof, then I will inform this
court within five days from the knowledge of the same.

In witness hereof, I have hereunto set my hands this

April 29, 2018 at Digos City, Philippines.

LILY MENDOZA
Affiant
SSS No. 12345567

SUBSCRIBED AND SWORN TO before me this April

29, 2018 at Digos City, Davao del Sur, Philippines, affiant
exhibiting to me her valid identification No. as above
indicated.

ATTY. RHEA MAE E. OLAIVAR

Counsel for the Plaintiff
MCLE Compliance Cert. No. IV, 0000888, Nov. 30, 2019
PTR No. 0622111/01-04-18/Hagonoy, Davao del Sur
IBP O.R.No. 12345/ 11-26-16/ Digos City
TIN No. 123-456-789/ Roll No. 98765
Roxas Extention, Digos City
Cellular Phone No. 09001133556