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REPUBLIC OF THE PHILIPPINES

Department of Trade and Industry


San Fernando, Pampanga

Sherman Jay Diwa and Sheryl Diwa,


Complainants,
DTI Admin Case No. 224101
-versus- For: Violation of R.A No.
10623
Honda Cars Pampanga Inc.,
Defendant.
x----------------------------------------------x

COMPLAINT

COMES NOW the complainants, through the undersigned counsel,


and unto this Honorable Tribunal, most respectfully allege:

1. That the herein complainants, Sherman Jay and Sherlyn Diwa both
of legal age, Filipinos, and residing at Tagumpay St., SSS Village
Phase 1, San Fernando City, Pampanga;

2. That the herein respondent, Honda Cars Pampanga Inc., a


corporation created under the Philippine Corporation Code, with
office address at Mc Arthur Highway, San Agustin, San Fernando
City, Pampanga where it may be served with summons;

3. That the complainants purchased a motor vehicle from defendant


corporation sometime in January 2014 with Engine No. L15A7-
4707270 and Frame No. MRHGE8850CP021817;

4. That few weeks after said purchase, complainants, after


discovering that the purchased vehicle has a defective switch or
ignition switch brought the said vehicle for repairs and
replacements and was in fact subjected to more than four (4)
separate repair attempts but such defect remain unresolved, as
evidenced by the vehicles service history as provided by
defendant corporation, a copy of which was hereto attached as
Annex A;

5. That after failing to resolve the issue attendant to the vehicle,


complainants notified the defendant corporation of the unresolved
complaint, and their intention to invoke their rights under R.A.
10642 or the Philippine Lemon Law, and after which the former
brought the subject vehicle to the defendant corporation for a final
attempt to address the unresolved complaint which however
remained unresolved after efforts were made to repair it;

6. That under Republic Act No. 10642 or the Philippine Lemon Law,
x x x the rights of consumers in the sale of motor vehicles
against business and trade practices which are deceptive, unfair
or otherwise inimical to consumers and the public interest shall
be entitled to full protection to xxx;

7. That for failure of defendant corporation to comply with its


obligation under the agreement of the parties and under the law, the
complainants formally commenced a complaint, within 1 year
from the purchase, before the DTI Regional Office, after which the
parties undertook a mediation proceedings which however failed as
evidenced by the Notice of Failure of Mediation, a copy of which
is hereto attached as Annex B;

8. That the complainants suffered sleepless nights and anxiety and


actual damages due to defendant corporations unlawful neglect
and non-compliance with its obligations as distributor and
manufacturer of motor vehicles as mandated by the law and the
latters certification that the subject vehicle is safe and in good
worthy condition.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed unto


this Honorable Tribunal that judgement be rendered in favor of the
complainants and against the defendant, ordering the latter to comply with
the following:

1. To replace the subject vehicle with a new unit;

2. To pay for the damages suffered by the defendant in the amount of


200,000 pesos and 20,000 pesos for Attorneys Fees as well as cost
of the suit.

Other equitable reliefs as may be deemed just are likewise prayed for.

RESPECTFULLY SUBMITTED
ATTY. MARIA CECILIA M. PELAGIO
Counsel for the Plaintiff
1810 Villamor Corporate Center
Attorneys Roll No. 101783
IBP No. 23456 1/21/15-Quezon City
PTR No. 78291 1/21/15-Quezon City
MCLE Compliance No. II-10213 01/21/2015-Quezon City

VERIFICATION AND CERTIFICATION

We, Sherman Jay and Sherlyn Diwa, both of legal age, Filipinos, and
residing at Tagumpay St., SSS Village Phase 1, San Fernando City,
Pampanga, hereby depose and state that we are the complainants of the
above entitled case who caused the preparation and filing of this complaint;

We hereby certify that the allegations contained therein are true and
correct based on our personal knowledge and/or authentic records in our
custody;

We certify that we have not commenced any action or filed a claim


involving the same issues in any court, tribunal, or quasi-judicial agency;

If we should hereafter learn that any action or claim is filed or is


pending, we shall report such fact before this Honorable Tribunal within five
(5) days from knowledge thereof.

IN WITNESS WHEREOF, we have hereunto affixed our signatures


this 3rd of November 2015 in San Fernando City, Pampanga.

Sherman Jay Diwa Sherlyn Diwa


Affiant Affiant

SUBSCRIBED AND SWORN TO before me in this 3rd of


November 2015 in San Fernando, Pampanga, Philippines, affiants, Sherman
Jay and Sherlyn Diwa, exhibited their Drivers Licence No. 12345 and
67890, respectively as competent proofs of their identities.

ATTY. PET SANTOS


Notary Public
Attorneys Roll No. 12545
IBP No. 45213 01/21/2015
PTR No. 61789 01/21/2015
MCLE Compliance No. II-
000123-01/21/2015

Doc No. 47
Page No. 27
Book No. 05
Series of 2015

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