Republic of the Philippines

REGIONAL TRIAL COURT

BRANCH _____, Dumaguete City

CHRISTINA CRUZ,
Plaintiff
Civil Case No. ___________
For a sum of money
-versus-

ALLEN RICHARDS,
Defendant

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COMPLAINT
PLAINTIFF Christina Cruz, by undersigned counsel and to this Honorable Court, respectfully
states that:

ALLEGATION COMMON TO ALL CAUSES OF ACTION

1. Plaintiff is of legal age, married, and with residence at Purok Sampaguita, Barangay Junob,
Dumaguete City, while defendant is also of legal age, single and with residence at Magallanes
Street, Barangay Bagacay, Dumaguete City, where he may be served with summons and other
legal processes.
2. Plaintiff and Defendant are business partners, loosely doing business under the informal name,
BBC Partnership, which is not registered as such, with offices at Purok Santan, Barangay Junob,
Dumaguete City, engaged in general merchandising, with the defendant as the cashier.
3. Plaintiff contributed P800,000 while the defendant contributed P500,000, to carry on their
business of general merchandising, agreeing to divide the profits between them on a 60-40
basis.
4. Dedendant was entrusted with the proceeds of their business with the obligation to give the
plaintiff her share every 30th or the last day of the month, whichever applies.
5. Their general merchandising grew until they earned an average of P300,000 monthly.

FIRST CAUSE OF ACTION

6. On August 30, 2017, plaintiff asked defendant to give her share of the proceeds of their
business.
7. Defendant refused and claimed that they did not have many customers that month and were in
fact incurring a deficit of P20,000. Plaintiff then asked for an accounting and inventory of their
business.
8. Notwithstanding repeated demands, defendant could not prove the losses incurred and has
failed to give plaintiff her share.

SECOND CAUSE OF ACTION

9. Plaintiff repleads all the foregoing allegations as if copied in full therein.

10. Plaintiffs examination of the business records disclosed that defendant has appropriated upon
himself, without the knowledge, much less consent of plaintiff, the amount of P80,000, for his
allowance for August 2017, to the plaintiffs prejudice since she has not been given any
allowance. Neither was there an agreement concerning such allowance.

PRAYER
WHEREFORE, all premises considered, plaintiff respectfully prays for judgement:

a) Under the First Cause of Action, ordering defendant to render a complete accounting of the
business venture of plaintiff and defendant doing general business under the name BBC
Partnership;
b) Under the Second Cause of Action, holding defendant liable for P80,000, which he unlawful
appropriated fir himself for one month, with legal interest thereon until fully paid.
c) Plaintiff prays for such other reliefs as may be just and equitable in the premises.
Dumaguete City, December 12, 2017.

` Counsel Form No.