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Legforms Complaint (Canlas and Canlas)

1. Spouses Charisse and Enzo Avelino filed a complaint against Don Aurelio Food Ventures Inc. for damages arising from a breach of contract regarding their twins' birthday party held at the defendant's McDewey's restaurant. 2. The contract included food, drinks, and an appearance by Dewey the Hungry Dinosaur mascot. A week before the party, plaintiffs were informed the mascot was unavailable, and were forced to hire Marcus the clown instead. 3. On the day of the party, setup was delayed and Marcus arrived late and drunk. He swore at a child, upsetting guests and ending the party early without the twins

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Eynab Perez
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96 views

Legforms Complaint (Canlas and Canlas)

1. Spouses Charisse and Enzo Avelino filed a complaint against Don Aurelio Food Ventures Inc. for damages arising from a breach of contract regarding their twins' birthday party held at the defendant's McDewey's restaurant. 2. The contract included food, drinks, and an appearance by Dewey the Hungry Dinosaur mascot. A week before the party, plaintiffs were informed the mascot was unavailable, and were forced to hire Marcus the clown instead. 3. On the day of the party, setup was delayed and Marcus arrived late and drunk. He swore at a child, upsetting guests and ending the party early without the twins

Uploaded by

Eynab Perez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

SIXTH JUDICIAL REGION


MUNICIPAL TRIAL CIRCUIT COURT
BRANCH 7
BACOLOD CITY

SPOUSES CHARISSE AND


ENZO AVELINO,
Plaintiff,

CIVIL CASE NO. _______

-versus- FOR: DAMAGES FOR


BREACH OF CONTRACT

DON AURELIO FOOD


VENTURES, INC.,
Defendant.
X----------------------------------X

COMPLAINT

COMES NOW, the Plaintiffs by the undersigned counsel unto


the Honorable Court respectfully allege as follows:

1. That the Plaintiffs are both of legal age, married, Filipino


citizens and are residents of 88 Burgundy St., Haven Village,
Dolores, Bacolod City, Negros Occidental, where they may be
served with summons and other court processes;

2.That Defendant corporation is a franchisee of McDewey’s


restaurant located in Bacolod City, Negros Occidental whose
principal place of business is located at Unit 300 Edificio
Aurelio Lacson Avenue, Bacolod City, Negros Occidental
where summons and processes of this Honorable Court may
be served;

3.That on 27 October 2017, Ella Atienza (Ms. Atienza), the


branch manager of the Defendant’s McDewey’s branch
located in Bacolod City entertained the Plaintiffs for the
scheduling of their twin children’s birthday party to be held on
17 November, 2017, at 4:00 p.m. until 7:00 p.m. The package
inclusions were, among others, food and beverage for 30 kids
and 30 adults and an appearance of Dewey the Hungry
Dinosaur, the restaurant’s famous mascot.

4.That on the same day, the Plaintiffs signed the birthday


package contract and made a downpayment of P10,000 and it
was agreed that the balance of P10,000 was to be paid on the
day of the event, after the party;

Attached herewith is the photocopy of contract signed and


made an integral part hereof and marked as ANNEX “A.”

5.That a week prior to the event, Mrs. Avelino was informed by


Defendant branch manager that the mascot, Dewey the
Hungry Dinosaur would not be able to appear at the party
because its costume was ruined by the dry cleaning service.
Thus, left without much choice and upon suggestion of Ms.
Atienza with the assurance of the quality of work Marcus
offers, Mrs. Avelino was forced to obtain instead the services
of Marcus, a party clown, who was likewise a cousin of
Atienza;

6.That it was primarily due to inducement of Ms. Atienza, that the


Plaintiffs agreed to the substitution of the mascot to Marcus.
The assurance made by Ms. Atienza was influenced by his
blood relations with Marcus and therefore, was not offered to
the Plaintiffs having their best interests in mind.

7.That it was agreed by the parties and likewise approved by the


management of the branch that the services of Marcus would
be shouldered by restaurant in lieu of the absence of the
booked mascot the said party;
8.That on the day of the party, Plaintiffs upon arrival at the
restaurant at 3:00 p.m., to much dismay, there was still no set
up at the function room. The party started at about 4:30 p.m.
because of the delayed set up of the room;

9.That Marcus not only arrived at party at such a late hour at 6:30
p.m. but was also absent-minded and smelled of alcohol;

10. That in the middle of his show, a child who was just four years
old, approached Marcus and tugged hard on his pants at which
point Marcus snarled, “Fuck, kid, don’t do that. Putangina,
nagtratabaho lang!” Such scene surprised the parents and had
upset the children causing some of them to run their parents;

11. That after the commotion, Marcus mumbled “Nyeta!” and


walked out to the backroom wherein Mr. Avelino and Ms. Atienza
followed. Mr. Atienza wanted Marcus to go back to the Galaxy
Room and apologize to all the guests, to which Marcus refused;

12. That after the commotion, the children were too upset to
continue with the party. It finished without even giving the twins the
opportunity to blow their candles;

13. That three days after the incident, herein counsel sent a
demand letter to McDewey’s demanding the return of the P10,000
paid as down payment, a written apology from the restaurant, a
personal apology from Marcus, and damages in the sum of
P100,000 for ruining the celebration of the twin’s birthday party
and for causing fear, shock and trauma to them and all their
guests;

Attached herewith are the photocopies of the demand letter


sent and the registry return receipt and made integral parts
hereof and marked as ANNEX “B” and ANNEX “C.”
14. That the demand letter sent by herein counsel was
unheeded by the Defendant and despite further verbal
demands, the Defendant refused to comply with the above
demands, thus, constraining the Plaintiffs to avail the service
of herein counsel and file a complaint;

15. That the Defendant’s performance of its obligation under


the contract entered upon was clearly in contravention of its
tenor and a clear breach of contract which entitles the Plaintiffs
to restitution/damages;

16. That such breach is wanton, capricious, malicious and in


bad faith as demonstrated by the inexcusable lack of
preparation of the Defendant to comply with its obligation and
its evident indifference in the appalling treatment the Plaintiffs
received.

17. That the inexcusable lack of preparation was further


aggravated by the deplorable acts of Marcus whose services
was secured and approved by Ms. Atienza and the
management of the branch of Defendant. Such breach
entitles Plaintiffs to moral damages.

PRAYER

IN LIGHT OF THE FOREGOING, it is most respectfully prayed


of this Honorable Court that after due notice and hearing,
judgment be rendered in favor of Plaintiffs and against defendant
ordering the latter, as follows:

1. To refund the Plaintiffs’ downpayment in the sum of TEN


THOUSAND (Php10,000.00) PESOS;
2. To pay moral damages in the amount of ONE HUNDRED
THOUSAND (Php100,000.00) PESOS;

3. To pay Attorney’s fees TEN THOUSAND (Php10,000.00)


PESOS plus ONE THOUSAND FIVE HUNDRED
(Php1,500.00) per court appearance;

4. To pay exemplary damages in the amount of FIVE


THOUSAND
(Php5,000.00) PESOS; and

5. To pay cost of the suit.

Other relief and remedies that are just and equitable under the
premises are likewise prayed for.

Bacolod City, Negros Occidental. 20 December 2017

ATTY. CAMILLE VICTORIA CANLAS


Counsel for the Plaintiffs
Ground Floor 6750 Bldg., Navy St.,
Bacolod City, Negros Occidental
PTR NO. 6209611/Bacolod City
IBP NO. 888813 Bacolod Chapter
Attorney’s Roll No. 5432
MCLE Compliance No. 08226

ATTY. JOHN DAIREN CANLAS


Counsel for the Plaintiffs
Ground Floor 6750 Bldg., Navy St.,
Bacolod City, Negros Occidental
PTR NO. 6209622/Bacolod City
IBP NO. 888813 Bacolod Chapter
Attorney’s Roll No. 5444
MCLE Compliance No. 08288

VERIFICATION AND CERTIFICATION OF NON-FORUM


SHOPPING

We, CHARISSE AVELINO and ENZO AVELINO, both of legal


age, married, Filipino and the plaintiffs in the above entitled case,
after being duly sworn to in accordance with law do hereby depose
and say;

1. That we are the plaintiffs in the above-entitled case;

2. That we caused the preparation of the complaint and we


read the allegations contained therein and understood each
of them to be true and correct of our own personal
knowledge and beliefs and based on authentic documents.

3. That we further certify that we have not commenced any


action or proceeding involving the same issues in the
Supreme Court, the Court of Appeals or different divisions
thereof, or any court, tribunal or agency.

4. That should we learn hereafter of the filing or pendency of


such action/s, we undertake to inform this Honorable Court
of said fact within five (5) days from knowledge therefrom.

IN WITNESS WHEREOF, we have hereunto affixed our


signatures this ________ of December, 2017 at Bacolod City, Negros
Occidental.
CHARISSE AVELINO
Plaintiff

ENZO AVELINO
Plaintiff

SUBSCRIBED AND SWORN TO BEFORE US, this ______ of


December, 2017 at Bacolod City, Negros Occidental.
ANNEX A

TERMS OF SERVICE AGREEMENT

The following Terms of Service (the “Agreement”) shall be effective on November 1, 2017.
BETWEEN: DON AURELIO FOOD VENTURES, INC. (the “Service
Provider”) a corporation duly organized under Philippine laws
with a principal place of business at Unit 300 Edificio
Aurelio, Lacson Avenue, Bacolod City, Negros Occidental.

AND: Charisse Avelino and Enzo Avelino (the “Client”) both of


legal age, married, Filipino citizens and are residents of 88
Burgundy St., Haven Village, Dolores, Bacolod City, Negros
Occidental

WHEREAS, the Service Provider is engaged in the food industry and which offers, among
others, catering services.
WHEREAS, this Agreement contains the Service Provider’s terms of engagement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties hereto, intending, to be legally bound, agree as follows.

1. DESCRIPTION OF SERVICES. On November 17, 2017, the Service Provider will


provide catering services to the client. The details and inclusions are as follows;

As to the food, fried chicken, rice, spaghetti, French fries, sundae and orange juice
shall be served to 30 kids and two-piece chicken, rice, spaghetti choice fruit pies and
pineapple juice or soda to 30 adults.

As to the time, the event shall start at exactly 2:00 pm and last until 7;00 pm.

As to the venue, the event shall be held at Mc Dewey’s Galaxy room.

Additionally, an emcee, 6 servers and a mascot shall be provided for by the service
provider in order to maintain the liveliness of the event. The mascot shall be the
restaurant’s famous mascot, DEWEY THE HUNGRY DINOSAUR.

2. PAYMENT. The Client shall pay for the services performed in the amount of
Twenty Thousand Pesos ( P 20,000 ).

Ten Thousand Pesos ( P 10,000 ) shall be paid as downpayment on the date of the
signing of this contract leaving a balance of Ten Thousand Pesos which shall be paid
in full on November 17, 2017.
3. ADDITIONAL CHARGES

The Service Provider shall be entitled to charge or collect a higher amount should the
number of the guests served exceed 60. The additional charge shall be in proportion
to such excess.

4. TERM. This Agreement shall automatically terminate on November 18, 2017.

Any breach committed by either parties shall give rise to a cause of action to the other which
can be enforced by the institution of proper action before the appropriate court

______________________
CONFORME
ANNEX B

20 December 2017

BY REGISTERED MAIL

DON AURELIO FOOD VENTURES, INC.


88 Burgundy St., Haven Village, Dolores,
Bacolod City, Negros Occidental

ATTENTION: AURELIO TAN (PRESIDENT)


ELLA ATIENZA (BRANCH MANAGER)

Dear Sir/Madam:

We write in behalf of our client, Charisse and Enzo Avelino, the matter of your
breach of your obligation based on the contract signed last November 2017.

Records disclose that you have substantially breached the contract entered
between you and my clients. The events that have transpired last November 27,
2017 due to your breach have caused our clients a great amount of shock,
trauma and humiliation which warrants not only the refund of the downpayment in
the amoiunt of P10,000 (TEN THOUSAND PESOS) our clients have paid you
during the signing of the contract, but likewise entitles them to moral damages of
P100,000 (ONE HUNDRED THOUSAND PESOS). A written apology from you,
the franchise owner and from Marcus, the substitute you have provided for the
absence of the mascot is likewise demanded.

Despite repeated verbal demands, you failed and continuously comply with the
above stated demands..

Accordingly, FINAL DEMAND is hereby made upon you comply with the above
stated demands within FIFTEEN (15) days from receipt of this letter. Otherwise,
we will be constrained to file the necessary legal action against you to protect the
interests of our clients.

We trust that you will give this matter your prompt and preferential attention to
avoid the expense and inconvenience of litigation.

Truly yours,

ATTY. CAMILLE VICTORIA CANLAS

ATTY JOHN DAIREN CANLASZ


ANNEX C

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