Republic of the Philippines
REGIONAL TRIAL COURT
Branch 1
th
7 Judicial Region
Bulwagan ng Katarungan
New Capitol Site, Tagbilaran City, Bohol
SPOUSES FLOYD M. WEATHER and
DIONISIA MAY-WEATHER,
Plaintiffs,
CIVIL CASE NO. 123456
FOR: Damages
-versus-
THE PAKYAW HOTEL AND CASINO
Defendant
x--------------------------------------------------x
COMPLAINT
COMES NOW the plaintiffs, spouses FLOYD M. WEATHER and DIONISIA
MAY-WEATHER, through the undersigned and unto this Honorable Court, most
respectfully states:
1. That the plaintiff FLOYD WEATHER, is of legal age, Filipino, married to Dionisa
May-Weather, and is a resident of 69 Las Vegas Street, Tagbilaran City, Bohol,
where he can be served with summons and other processes of this Honorable
Court;
2. That the plaintiff DIONISIA MAY-WEATHER, is also of legal age, Filipino and
married to Floyd Weather and is a resident of 69 Las Vegas Street, Tagbilaran
City, Bohol;
3. That plaintiff FLOYD M. WEATHER is a boxer and a celebrity, being the reigning
World Boxing Council – World Welterweight Champion;
4. That plaintiff DIONISIA MAY-WEATHER is herself a well-known local celebrity,
socialite and entrepreneur;
5. That the defendant, THE PAKYAW HOTEL AND CASINO is a domestic
corporation incorporated in Tagbilaran City with principal address at 111 New
York Street, Philadelphia District, Tagbilaran City;
6. That both parties have the capacity to sue and be sued;
7. That said Hotel and Casino is a 5-star establishment and known in the locality to
be the best hotel for the affluents and well-to-dos;
8. That sometime in May 2015, said couple contacted the defendant through their
General Manager, Mr. Freddie R. Coach to inquire whether they accept
bookings for weddings, specifically on the date September 14, 2015, specifying
that they were in a hurry to get married as herein plaintiff DIONISIA MAYWEATHER was already pregnant and didn’t want to show the baby bump on her
wedding day and that said date was very special to them as this was the day that
they officially became a couple;
9. That said General Manager confirmed the availability of said date, prompting the
plaintiffs to schedule a go-see of the venue on the following day;
10. That on the following day, the plaintiffs personally inspected the hotel’s chapel,
function hall for the reception and rooms for their guests and the General
Manager confirmed the availability of the hotel to accommodate their wedding on
September 14, 2015;
11. That the General Manager confirmed once again the availability of their facilities
for the said wedding;
12. That on June 5, 2015, herein plaintiffs brought the much sought-after wedding
coordinator Jinky P. Winky from Macau for another go-see of The Pakyaw Hotel
and Casino, including a 3-day stay therein;
13. That the plaintiffs spent a total of Twenty Six Thousand Eight Hundred Twenty
Four and 21/100 Pesos (Php26,824.21) for the airfare of said coordinator.
Photocopy of said plane ticket receipt attached herein as “Annex A”;
14. That the plaintiffs likewise spent a total of Fifteen Thousand Pesos
(Php15,000.00) for hotel and accommodation fees. Photocopy of said receipt
attached herein as “Annex B”;
15. That the plaintiffs likewise spent Ten Thousand Four Hundred Fifty Pesos
(Php10,450.00) as professional fee of said coordinator. Photocopy of billing and
receipt of professional fee attached herein as “Annex C”;
16. That the plaintiffs, coordinator, General Manager as well as the defendant hotel’s
Events Director Princess P. Pak proceeded with the wine and food tasting,
determination of the rooms and venue of the wedding and reception, with the
plaintiffs spending a total of Five Thousand Pesos (Php5,000.00) for the said
preparatory activities. Photocopy of said receipt attached herein as “Annex D”;
17. That on June 18, 2015, the General Manager sent a billing to the plaintiffs for the
package food and accommodation for a total of One Hundred Thousand Pesos
(Php100,000.00), requiring a down payment of Fifty Thousand Pesos
(Php50,000.00) AS SOON AS POSSIBLE. Photocopy of said billing attached
herein as “Annex E”;
18. That on June 19, 2015, herein plaintiffs verbally conferred with the General
Manager if it was possible to pay only Twenty Five Thousand Pesos
(Php25,000.00) with the rest of the required down payment to be paid in August
and the remaining Fifty Thousand Pesos (Php50,000.00) on the first week of
September, 2015. The General Manager agreed and the plaintiffs paid the said
amount on the same day, in cash. Photocopy of the receipt attached herein as
“Annex F”;
19. That the plaintiffs proceeded with the preparations for their wedding, including
the sending out of invitations setting forth the venue of their wedding as The
Pakyaw Hotel and Casino. Said invitations costing Fifty Thousand Pesos
(Php50,000.00). Photocopy of the receipt attached herein as “Annex G” and
photocopy of the invitation attached as “Annex J”;
20. That on July 3, 2015, the plaintiffs received a call from the General Manager
indicating that the hotel will no longer be able to accommodate their wedding on
September 14, 2015, stating their failure to pay the total amount of down
payment required and asking them for a bank account number to which the
Twenty Five Thousand Pesos (Php25,000.00) that they already paid may be
deposited;
21. That the plaintiffs refused to accept the amount by not furnishing any bank
account number and demanded a meeting with the General Manager.
22. That the plaintiffs immediately went to see the General Manager at the hotel for a
clarification on the matter but that said manager was nowhere to be found and
they were merely informed that said person was attending to other important
matters;
23. That on the following day, a Bobby P. Yao, claiming to be a messenger of The
Pakyaw Hotel and Casino went to the plaintiffs’ residence at 69 Las Vegas
Street to deliver the amount of Twenty Five Thousand Pesos (Php25,000.00);
24. That said messenger pleaded with Floyd M. Weather to accept the delivery or
else he might lose his job if he fails to perform the task assigned to him;
25. That on account of said pleading, Floyd M. Weather accepted the amount;
26. That in the following days, herein plaintiffs continued to get in touch with the
General Manager and any representative from The Pakyaw Hotel and Casino
to obtain any clarification on the matter but it was to no avail;
27. That the plaintiffs were compelled to book the much cheaper Inadlaw Hotel
which was the only other available venue in the city on the said date;
28. That on July 20, 2015, plaintiffs were likewise compelled to fly in their coordinator
to inspect the venue, spending Seventeen Thousand Four Hundred Eighteen
Pesos (Php17,418.00). Photocopy of the air plane ticket attached herein as
“Annex H”;
29. That plaintiffs spent another Five Thousand Two Hundred Twenty Five Pesos
(Php5,225.00) as professional fee of the coordinator. Photocopy of the receipt
attached herein as “Annex I”;
30. That it was the duty of The Pakyaw Hotel and Casino to timely communicate
any restrictions or limitations on the capacity to accommodate the plaintiffs,
knowing the exigency of the wedding ceremony;
31. That The Pakyaw Hotel and Casino accommodated herein plaintiffs, confirming
the availability and willingness of the establishment to cater to a most joyous and
once in a lifetime event in the couple’s lives, willfully causing the plaintiffs to
believe that they can celebrate their wedding therein;
32. That without much explanation or offer of consolation of any kind, The Pakyaw
Hotel and Casino terminated its agreement with herein plaintiffs, leaving the
latter to endure further agony and stress in redoing their wedding preparations,
wasting herein plaintiffs’ precious time;
33. That as a result of said wanton disregard for the interests of the plaintiffs, The
Pakyaw Hotel and Casino caused actual damages to the plaintiffs;
34. That as a result of the willful and flagrant disregard of The Pakyaw Hotel and
Casino for its clients, plaintiffs suffered embarrassment and humiliation from
initially announcing that their wedding will be held in a first class hotel and
eventually celebrating the same in a lower class one, not at par with the plaintiffs’
status in life and not in accordance with the bride’s earnest wishes;
35. That as a result of The Pakyaw Hotel and Casino’s gross negligence and willful
and flagrant disregards for their clients, herein plaintiff Dionisia May-Weather
suffered sleepless nights, anxiety and social humiliation that her dream wedding
may not be celebrated in time, such mental anguish physically manifested in the
then pregnant bride-to-be’s delicate condition, prompting her to be hospitalized
for two days and required bed rest for seven more days;
36. That the willful, flagrant and malicious disregard of the defendant has worked as
an injustice to the rights of the plaintiffs;
37. That as a consequence, plaintiffs were compelled to institute the instant action
against the defendant. They were constrained to retain the services of counsel to
whom they paid an acceptance fee of Forty Thousand Pesos (Php40,000.00)
and bound themselves to pay the undersigned counsel an appearance fee of
One Thousand Five Hundred Pesos (Php1,500.00) per appearance;
PRAYER
WHEREFORE, the forgoing premises considered, it is most respectfully
prayed that this Honorable Court render judgment ordering Defendant to pay
herein Plaintiff the following amounts:
1. Php129,925.00, representing the actual damages suffered by the
plaintiffs;
2. Php100,000.00 as moral damages
3. Php100,000.00 as exemplary damages
4. Php40,000.00 as attorney’s fee;
Plaintiffs likewise pray for such other reliefs as are just and equitable
under the premises.
SO PRAYED.
Tagbilaran City.
December 10, 2015
BOB S. ARUMA
Cousel for the Plaintiffs
PTR No. 1234567/01-06-15/Tagbilaran City
IBP No. 123456/11-06-10/Tagbilaran City
Roll No. 123456
MCLE No. 123456, Series of 2015,
dated March 5, 2015
13th Floor, RRL Building, Washington St.,
Tagbilaran City, Bohol
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF BOHOL )S.S.
CITY OF TAGBILARAN
VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING
We, FLOYD M. WEATHER and DIONISIA MAY-WEATHER, of legal age,
Filipino and residents of 69 Las Vegas Street, Tagbilaran City, Bohol, Philippines, after
having been duly sworn to in accordance with the law hereby depose and say:
1. That we are plaintiffs in the above-entitled case;
2. That we caused the preparation of the foregoing complaint;
3. That we have read and understood the contents therein and that they are true
and correct out of our own personal knowledge;
4. That we personally know that the instant case had not been filed before any
judicial or administrative forum; nor is there any pending case for the same cause
of action involving the same parties; that in the event that there is such before
any judicial body or agency; we bind ourselves to notify the court within a period
of five (5) days from such knowledge.
IN WITNESS WHEREOF, we have hereunto set our hand this 10th day
December, 2015 at Tagbilaran City.
FLOYD M. WEATHER
Affiant
LTO Driver’s License No. 123456
Issued on November 6, 2014
At Tagbilaran City, Bohol
DIONISIA MAY-WEATHER
Affiant
LTO Driver’s License No. 654321
Issued on September 18, 2015
At Tagbilaran City, Bohol
SUBSCRIBED AND SWORN to before me this 10th day of December, 2015 at
Tagbilaran City, the Affiants, exhibiting to me their LTO Driver’s Licenses as
aforewritten.
BOB S. ARUMA
Notary Public until 12-31-15
PTR No. 1234567/01-06-15/Tagbilaran City
IBP No. 123456/11-06-10/Tagbilaran City
Roll No. 123456
MCLE No. 123456, Series of 2015, dated March 5, 2015
13th Floor, RRL Building, Washington St., Tagbilaran
City, Bohol
Doc No. ________
Page No. ________
Book No. ________
Series of 2015.
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF BOHOL )S.S.
CITY OF TAGBILARAN
COMPLAINT- AFFIDAVIT
I, MANNY M. WEATHER, Filipino, of legal age, with office address at Rm. 69
Dionisia Bldg., Hen. Luna cor. Bonifacio Sts., Cogon District, Tagbilaran City, Bohol,
after having been duly sworn in accordance with law, do hereby depose and state that:
1. I am the present General Manager of PACMAN TRAILER LEASING CORP.,
said company being a domestic corporation engaged in the business of trailer
leasing and other allied services with principal office at Rm. 69 Dionisia Bldg.,
Hen. Luna cor. Bonifacio Sts., Cogon District, Tagbilaran City, Bohol,
hereinafter referred to as "PTLC" for brevity;
2. Along with my duties and responsibilities as such, is to represent the
company in the cases it files before any court/tribunal/judicial agency in order
to protect its interests, as manifested in the herein attached Secretary’s
Certificate and herein marked as Annex "A";
3. As mentioned above, PTLC is engaged in the business of trailer leasing and
other allied services, and among its clients is an establishment engaged in
trucking business, known as “PEOPLE’S CHAMP MARKETING" owned and
managed by MR. FLOYD M. PAKYAW & MS. JINKY P. PAKYAW;
4. Said business establishment has its known office address at #123 Jose Rizal
St., Dampas District, Tagbilaran City, Bohol as represented by its
Owners/Proprietors MR. FLOYD M. PAKYAW & MS. JINKY P. PAKYAW
with the same residence address at the aforementioned business address,
who are authorized to accept summons and legal processes in all legal
proceedings & all notices affecting the aforementioned establishment at its
aforementioned business address;
5. On various dates commencing from January 2014 up to March 2014, MR.
FLOYD M. PAKYAW & MS. JINKY P. PAKYAW, doing business under the
name of PEOPLE’S CHAMP MARKETING, engaged the services of PTLC in
furtherance of their business activity. In the course thereof, PEOPLE’S
CHAMP MARKETING has incurred several unpaid obligations to PTLC;
6. Commencing from January 2014, PEOPLE’S CHAMP MARKETING has
failed to pay their accounts regularly to PTLC which in turn made them
incurred a total obligation of ONE HUNDRED NINETY SIX THOUSAND
FOUR HUNDRED EIGHTEEN PESOS and EIGHTY FOUR CENTAVOS
(PHP196,418.84) as reflected in the herein attached Statement of Account as
of January 08, 2015, and marked as Annex “B”;
7. From that date onwards, PTLC found it hard to collect for payments from
PEOPLE’S CHAMP MARKETING in spite of several demand letters which
were sent to and received by them;
8. However, on October 27, 2014, MS. JINKY P. PAKYAW and/or PEOPLE’S
CHAMP MARKETING tendered to PTLC a post-dated EQUITABLE PCI
BANK CHECK dated October 27, 2014, with Serial No. 1234567, amounting
to TEN THOUSAND PESOS (PHP10,000.00), supposedly representing their
payment for their “Cash Bond”. Photocopy of the said check is hereto
attached and marked as Annex “C”;
9. Consequently, when negotiated/presented for payment to the drawee bank,
aforesaid check was returned unpaid by the Bank of the Philippine Islands
(BPI), U.N. Avenue Branch, with business address at United Nations
Avenue, Manila, on the specified date therein, for reason that it is “DRAWN
AGAINST INSUFFICIENT FUNDS”, as seen in the attached Annex “D”
hereof;
10. Proper notifications and demand were made and sent to MR. FLOYD M.
PAKYAW & MS. JINKY P. PAKYAW, the latter being the signatory of the
check, so that they or she could replace them with CASH and/or settle said
accountability with the reason of the return thereof. Copy of the latest demand
letter is hereto attached and marked as Annex “E” hereof;
11. In spite of the successive demand letter sent by our in-house counsel, MS.
JINKY P. PAKYAW and/or PEOPLE’S CHAMP MARKETING, failed and
refused, and continue to fail and refuse to redeem in cash the face amount of
the unfunded returned check. Filing of this case was even suspended for
almost several times already just to give them the ample time and opportunity
to settle their obligations in full, but the same served futile;
12. I am executing this affidavit to attest to the truth of the foregoing facts and for
the purpose of charging MS. JINKY P. PAKYAW as one of the
Owner/Proprietor of their business PEOPLE’S CHAMP MARKETING for
violation of the provisions of BATAS PAMBANSA BLG. 22.
AFFIANT FURTHER SAYETH NAUGHT.
Makati City for Manila, Philippines, January 08, 2008.
PACMAN TRAILER LEASING CORP.
Complainant
By:
MANNY M. WEATHER
Affiant
SUBSCRIBED AND SWORN to before me, this 10th day of December, at
Tabilaran City, affiant exhibiting to me his CTC No. 123456, issued on January 10, 2015
at Tagbilaran City.
FREDDIE R. COACH
Asst. City Prosecutor
PCO – Tagbilaran City
MCLE Compliance No.123
Officer-In-Charge
I hereby certify that I have personally examined the affiant and that I am fully
satisfied that he voluntarily executed and understood her sworn statement.
FREDDIE R. COACH
Asst. City Prosecutor
PCO – Tagbilaran City
MCLE Compliance No.123
Officer-In-Charge
DEED OF ABSOLUTE SALE
KNOW ALL MEN BY THESE PRESENTS:
This DEED OF ABSOLUTE SALE is made, executed and entered into by:
FLOYD M. WEATHER, of legal age, married to DIONISIA MAYWEATHER, Filipino, and with residence and postal address at 69 Las Vegas Street,
Tagbilaran City, Bohol, hereinafter referred to as the SELLER
-ANDMANNY D. PAKYAW, Filipino and with residence and postal address at #123 Jose
Rizal St., Dampas District, Tagbilaran City, Bohol, hereinafter referred to as
the BUYER.
WITNESSETH;
WHEREAS, the SELLER is the registered owner of a parcel of land with
improvements located at 123 Heneral Luna St., Cogon District, Tagbilaran City and
covered by Transfer Certificate of Title No. 123456 containing a total area of ONE
THOUSAND (1000) SQUARE METERS, more or less, and more particularly described
as follows:
TRANSFER CERTIFICATE OF TITLE NO. 123456
"A PARCEL OF LAND (Lot 10 Blk 20 of consolidation subdivision plan (LRC) Pcs13265, being a portion of the consolidation of Lots 4751-A and 4751-B (LRC) Psd50533, Lot 3, Psd-100703, Lot 1, Psd-150980, LRC Rec. Nos. Nos. N-27024, 51768,
89632, N-11782, N-13466, and 21071 situated in the Bo. of Cogon District, City of
Tagbilaran, Province of Bohol, Is. of Bohol. Bounded on NE., point 4 to 1 by Road Lot
11, on to the point of beginning; containing an area of (280) square meters more or
less."
WHEREAS, the BUYER has offered to buy and the SELLER has agreed to sell the
above mentioned property for the amount of TEN MILLION PESOS (P 10,000,000.00)
Philippine Currency;
NOW THEREFORE, for and in consideration of the sum of (TEN MILLION
PESOS) (P 10,000,000.00) Philippine Currency, hand paid by the vendee to the vendor,
the SELLER DO HEREBY SELL, TRANSFER, and CONVEY by way of Absolute Sale
unto the said BUYER, his heirs and assigns, the certain parcel of land together with all
the improvements found thereon, free from all liens and encumbrances of whatever
nature including real estate taxes as of the date of this sale.
.
FLOYD M. WEATHER
Seller
MANNY D. PAKYAW
Buyer
WITH MARITAL CONSENT:
DIONISIA MAY-WEATHER
Name of Seller's Spouse
JINKY PAC-PAKYAW
Name of Buyer's Spouse
SIGNED IN THE PRESENCE OF:
FREDDIE R. COACH
BOB S. ARUMA
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF BOHOL )S.S.
CITY OF TAGBILARAN
BEFORE ME, a Notary Public for and in the City of Tagbilaran, personally appeared:
Name
FLOYD WEATHER
MANNY D. PAKYAW
CTC Number
12345678
87654321
Date/Place Issued
Jan 15, 2015 / Tagbilaran City
Jan 19, 2015 / Tagbilaran City
Known to me and to me known to be the same persons who executed the foregoing
instrument and acknowledged to me that the same are their free act and voluntary
deed.
This instrument, consisting of two (2) pages, including the page on which this
acknowledgment is written, has been signed on the left margin of each and every page
thereof by the concerned parties and their witnesses, and sealed with my notarial seal.
WITNESS MY HAND AND SEAL on this 10th day of December 2015 at Tagbilaran City.
BOB S. ARUMA
Notary Public until 12-31-15
PTR No. 1234567/01-06-15/Tagbilaran City
IBP No. 123456/11-06-10/Tagbilaran City
Roll No. 123456
MCLE No. 123456, Series of 2015,
dated March 5, 2015
13th Floor, RRL Building, Washington St.,
Tagbilaran City, Bohol
Doc No. ________
Page No. ________
Book No. ________
Series of 2015.