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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


NATIONAL CAPITAL JUDICIAL REGION
MAKATI CITY, Branch ____

KAREN DAVID
represented by Justine
Roa, mother and
JUSTINE ROA,
pPlaintif,

CIVIL CASE No. _____


For: Support and Damages
with support pendente lite

- versus ROBERT DAVID,


dDefendant.
xx

COMPLAINT AND PETITION FOR SUPPORT PENDENTE


LITE
Plaintiff, KAREN DAVID, represented by Justin Roa and
by counsel, respectfully states:
PARTIES
1.

Plaintiff is KAREN DAVID (Plaintiff DAVID), 5 years


old, Filipino, represented by her mother JUSTINE ROA
(Plaintiff ROAoa), residing in #123 Poblacion St.,
Makati City. Plaintiff ROA, of legal age, Filipino, with the
same address as above. Notices, orders and other court
processes on plaintiffs may be served to counsel.
2. Defendant is ROBERT DAVID (Defendant), of legal age,
Filipino, father of plaintiff, residing in #3 Poblacion St.,
Makati City. Notices, orders and other court processes
on defendant may be served on said address.
STATEMENT OF FACTS
3.
On or about March 2005, Plaintiff ROA and
Defendant had an amorous relationship.
4.
On April 11, 2009, KARLA R.Plaintiff DAVID (Karla)
was born. Plaintiff ROAoa and Defendant David are the
parents of KarlaPlaintiff DAVID.
5.
On or about November 2012, Plaintiff ROAoa ended
the romantic relationship between herself and
RespondentDefendant.

6.

Plaintiff DAVID continues to live with and is


supported by Plaintiff ROAoa.
7.
From the period of November 2012 to May 2014,
Respondent Defendant failed to pay any amount for the
support of the Plaintiff DAVID without justifiable reason.
8.
On April 6, 2014, Plaintiff ROAoa went to Makati
Women and Childrens Protection Desk to report
Defendant for economic abuse, which eventually
resulted in the filing of a complaint-affidavitcriminal
case for Violence Against Women and Children with the
same desk.
9.
On May 10, 2014, before the pre-trial, the parties
entered into a compromise agreement [(Annex A])
where Defendant promised to pay the following
amounts:
9.1. Php 5,000.00 support to be given on May 31,
2014
9.2.The succeeding monthly support of Php 5,000
will be given every last day of the month
9.3. Php 1,000.00 per month to cover Defendants
unpaid balance of Php 24,000.00 covering the
support he should have paid for the past six
months until the same amount hasd been fully
paid
10.
Defendant paid support for the months of May to
July, as agreed.
11.
Defendant failed to give support from August 2014
up to the present.
12.
Plaintiff ROAoa is currently is unemployed.
13.
Defendant is currently an employee at Convergys
Call Center and has continuously been employed at
various call centers where he earns Php 45,000.00 a
month.
14.
Plaintiff ROAoa spends Php 3,000 per month for the
sustenance of the Plaintiff DAVID.
15.
Plaintiff Roa ROA spends Php 500 per month for the
rent of an additional bed for the Plaintiff DAVID.
16.
Plaintiff Roa ROA spends Php 500 per month for the
clothing of the Plaintiff DAVID.
17.
Plaintiff DAVID suffers from chronic asthma.
Plaintiff Roa ROA spends Php 3,000 per month for the
medical expenses of the Plaintiff DAVID.
18.
Plaintiff ROAoa spends Php 1,000 per month for the
tuition fee and school bus of the Plaintiff DAVID in ABC
Daycare Center.
19.
Plaintiff ROAoa has been distressed and has
suffered sleepless nights due to the anxiety that the lack
of finances to support herself and her daughter brings.

20.
Plaintiff David has not been able to eat well, attend
school, and as a result, has been repeatedly admitted to
the hospital.
21.
.Defendant by way of example or correction for the
public good, in addition to the moral, temperate,
liquidated or compensatory damages should be liable
for the plaintiffs for exemplary damages.
SUPPORT PENDENTE LITE
22.
The ultimate facts stated in paragraphs 1 to 19 are
hereby being repleaded.
23.
There is an urgent need for Plaintiff to be supported
while this action is pending in court because Roa can no
longer afford to provide for the basic needs of the
Plaintiff.
24.
Attached to this pleading are the following
documents to support this case:
a. Receipt from the XXX grocery store amounting
to Php 3,500, which covers the food and
clothing needs of the Plaintiff
b. Receipt from the landlord of Roa for the extra
bed of Plaintiff amounting to Php 500
c. Receipt from YYY Medical Center amounting to
Php 3,000 for the medical expenses of the
Plaintiff
d. Receipt from ABC Daycare Center amounting
to Php 1,000 for the Plaintiffs education

PRAYER
WHEREFORE, Plaintiff respectfully prays that the
Honorable Court Order the Defendant to pay the following
amounts:
1. Php 8,000 per month for the support of Karla David
2. Php 50,000 for moral damages
3. Php 50,000 for exemplary damages
4. Php 50,000 for attorneys fees.
Other just and equitable reliefs are also prayed for.
8 January 2016, Makati City.

COUNSEL
Rockwell Drive
Makati City

899-76-91
MCLE 1111-11-11, 2014
PTR 222-222-222
IBP 333-333-333; Lifetime Member

VERIFICATION AND CERTIFICATION AGAINST FORUM


SHOPPING
I, Justine Roa, of legal age, after having been duly sworn in
accordance with law, depose and state that:
1. I am the mother of Karen David, the plaintiff in the
above-stated case;
2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated
therein are true and correct of my personal knowledge
and/ ord/or on the basis of copies of documents and
records in my possessionauthentic records;
4. I have not commenced any other action or proceeding
involving the same issues in the Supreme Court, the Court
of Appeals, or any other tribunal or agency;
5. To the best of my knowledge and belief, no such action
or proceeding is pending in the Supreme Court, the Court
of Appeals, or any other tribunal or agency;
6. If I should thereafter learn that a similar action or
proceeding has been filed or is pending before the
Supreme Court, the Court of Appeals, or any other tribunal
or agency, I undertake to report that fact within five (5)
days therefrom to this Honorable Court.

___________________________
Affiant
SUBSCRIBED AND SWORN to before me this ___ day of
__________ 200_ at _________________ affiant exhibiting to me
his Community Tax Certificate No.____________________ issued
on ________________ 200_ at ______________ City.
Doc. No. ___;
Page No. ___;
Book No. ___ ;
Series of 2016.