REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

MAASIN CITY

ABCD
Plaintiff

-versus- Civil Case No. 12345
For: Receivership

XYZ
Defendant
x-----------------------------------x

PETITION
Plaintiff, by counsel and to this Honorable Court, respectfully states
that:

1. Plaintiff, ABCD, is of legal age, Filipino citizen, single, with
residence and postal address at 333 Brgy. Kaimito, Maasin City,
Southern Leyte;

2. Defendant, XYZ, is of legal age, Filipino citizen, single, with
residence and postal address at 232 Brgy. Kaimito, Maasin City,
Southern Leyte, where he may be served with summons and other
court processes;

3. That plaintiff is the owner as the pro-indiviso owner with the
defendant a property in litigation located in Brgy. Lunas, Maasin City,
Southern Leyte, Philippines which has a fair market value of One
Million Pesos (P1,000,000.00);

4. That the defendant is in actual possession of the property in litigation
and as such, he is in control of the produce of the property pending
litigation;

5. That the produce and income from said property are in danger of
being lost, removed or materially injured unless a receiver be
appointed to guard and preserve the same;

6. That the defendant is hopelessly insolvent for he is heavily indebted to
various persons;

7. That petitioner is willing and ready to file a bond in the amount which
this Honorable Court may fix in favor of the defendant against whom
this receivership is presented to the effect that he, the plaintiff to the
defendant all damages which he will sustain by reason of the
appointment of the receiver in case the plaintiff shall have procured
such appointment without sufficient cause, and such other bonds
which this Honorable Court may require him to file hereafter, as
security for such damages

PRAYER

WHEREFORE, plaintiff prays that:

1. An order be issued appointing a receiver;

2. After hearing, a judgment be rendered declaring that plaintiff is
entitled to the property and its proceeds, and sentencing the defendant
to pay the amount of the income from the property he is entitled to
receive plus liquidated damages, penalties, and interest until fully
paid;

3. In either case, to order herein defendant to pay the plaintiff the sum of
One Hundred Thousand Pesos (P100,000.00) as Attorneys Fees, and
to reimburse the plaintiff the expenses for bond, litigation expenses as
may be proved during the trial, and other expenses and cost suit;

4. Other reliefs as may be deemed just and equitable in the premises are
likewise paid for.

Maasin City, Southern Leyte

September 11, 2014

EARNSWELL P. TAN
Counsel for the Plaintiff
Roll No. 12345
IBP NO. 946492 1/1/2017
PTR NO. 564800 1/1/2017
Tan Law Office, Abgao, Maasin City, Southern Leyte

REPUBLIC OF THE PHILIPPINES)
MAASIN CITY ) s.s.

VERIFICATION

I, ABCD, of legal age, after having been duly sworn in accordance
with law, depose and state that:

1. I am a 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/or on the basis of copies of
documents and records in my possession;
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.


ABCD
Affiant


SUBSCRIBED AND SWORN to before me this 7th day of July, 2014
at Abgao, Maasin City, Southern Leyte, affiant exhibiting to me his Drivers
License with license number H05-05-000934 to expire on July 17, 2020.



EARNSWELL P. TAN
Notary Public for Maasin City
Roll No. 12345
IBP NO. 946492 1/1/2017
PTR NO. 564800 1/1/2017


Doc. No.
Page No.
Book No.
Series of 2014