Republic of the Philippines
7th Judicial Region
MUNICIPAL TRIAL COURT in the CITIES
Branch 1, Cebu City
CARLO BAN TENIEZA,
Plaintiff,
Civil Case No. CEB-20068
- versus - For: Sum of Money
TEMY CALE SUPETER,
Defendant.
x ------------------------------------------------ /
COMPLAINT
PLAINTIFF, by counsel, respectfully states that:
1. Plaintiff CARLO BAN TENIEZA, is a Filipino, of legal age, single,
and with an address at Sitio Abuno, Sambag 1, Cebu City. Plaintiff is
represented by the undersigned counsel to whom orders, notices, and other
processes from this Honorable Court may be served.
2. Defendant TEMY CALE SUPETER, is a Filipino, of legal age,
single and with an address at Sitio Datag, Sambag 1, Cebu City, where it
may be served with summons and other processes.
3. The Defendant has entered into an agreement on May 2, 2022,
with the Plaintiff in order for the former to become a reseller of the USANA
products of the latter. The Defendant has read the terms and conditions
stipulated in the said agreement. Copy of the agreement is attached as
ANNEX A.
4. On the same date, May 2, 2022, the USANA products, worth
P20,000.00, has given by the Plaintiff to the Defendant after the latter
signed the acknowledgement receipt in order to document that the said
USANA products has been received by the defendant. Copy of the
acknowledgment receipt is attached as Annex B.
5. As stipulated in the agreement signed by both parties, the
Defendant is obliged to remit his sale, if there is any, after one (1) month
from the receipt of the USANA products, to the Plaintiff.
6. On June 2, 2022, the Plaintiff waited the Defendant all day to remit
his sale, however, the Defendant did not do so. The Plaintiff texted the
Defendant asking if when can the latter remit the amount of P20,000.00.
Luckily, the Plaintiff received a reply from the Defendant saying that he
will be remitting the full amount of P20,000.00 when he gets home from the
province on June 10, 2022. Copy of the printed text messages is attached as
Annex C.
7. On June 10, 2022, still, the Defendant did not show up to remit the
full amount of P 20,000.00. Despite repeated calls, the Plaintiff could not
reach the Defendant. With the silence of the Defendant, Plaintiff is
constrained to seek a barangay conciliation to enforce his right.
8. On June 10, 2022, the first summon has been served to the
Defendant, but he did not show up on the date of the hearing. The second
summon is served on June 14, 2022, the same scenario, the Defendant did
not appear until the third day of the hearing in the barangay. Due to his
non-appearance, the Plaintiff decided to escalate the said case to the court.
Thereafter, a certificate to file action was issued by the barangay of Sambag
1. Copy of the certificate to file action is attached as Annex D.
9. Defendant’s obligation is due and demandable and Plaintiff is
entitled to the payment of the entire amount of TWENTY THOUSAND
PESOS (Php 20,000.00) plus legal interest.
10.By reason of Defendant’s unreasonable failure to pay his due and
demandable obligation, Plaintiff was forced to engage the services of
counsel to vindicate his rights thereby committing himself to pay legal
expenses amounting toPhp3,000.00 and committed to pay Php 1,000.00 per
court appearance and litigation expenses estimated to reach the amount of
Php 3,000.00.
WHEREFORE, Plaintiff respectfully prays for judgment in his favor
condemning Defendant to pay
1. ACTUAL DAMAGE in the amount of TWENTY THOUSAND
PESOS (Php 20,000.00) plus legal interest;
2. ATTORNEY’S FEES in the amount of THREE THOUSAND PESOS
(Php 3,000.00) plus Php 1,000.00 per court appearance.
Other just and equitable reliefs are also prayed for.
Cebu City, Philippines. June 22, 2022
QUEENCY B. AMISTAD
Roll No. 100123
IBP No. 654123, December 14, 2021
PTR No. 20304033, December 17, 2021
Admitted to the Philippine Bar on May 3, 2021
REPUBLIC OF THE PHILIPPINES}
CITY OF CEBU . . . . . . . . . . . . . . . . . } S.S.
VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING
I, CARLO BAN TENIEZA, is a Filipino, of legal age, single and with an address
at Sitio Abuno, Sambag 1, Cebu City, after having been duly sworn to in accordance
with law do hereby depose and say:
I am the complainant in the above-captioned complaint against the respondent. I
have caused the preparation and filing of the same;
I have read the contents thereof, and have understood the same. I attest that all
the allegations therein are true of my own knowledge and based on authentic records at
hand;
Furthermore, I certify that I have not commenced any other action or court
proceeding involving the same issue in the Supreme Court, the Court of Appeals, or
any other tribunal or agency. I undertake to inform this Honorable Office if in case a
similar action is filed or pending with any court of justice within five (5) days from
knowledge thereof.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 22nd day of
June 2022 in Cebu City, Philippines.
CARLO BAN TENIEZA
Affiant
SSS ID with No. CRN-0111-1121125-3
SUBSCRIBED AND SWORN to before me on this 22 nd day of June 2022 in Cebu
City, Philippines. I have personally examined herein affiant and I am convinced that he
is the same person who executed this verification and certification of non-forum
shopping and that I am satisfied that he has fully read and understood the contents
hereof.
Doc. No. ______; QUEENCY B AMISTAD
Page No. ______; Roll no. 100123
Book No.______; IBP No. 654123, December 14, 2021
Series of 2022 PTR No. 20304033, December 17, 2021
Admitted to the Philippine Bar on May 3, 2021
