REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH ____
CITY OF MANILA

CECILIA D. GONZALEZ,
Plaintiff,

- versus - CIVIL CASE NO. ________________

Specific Performance, Payment/Delivery
of Commission, and Damages
Juan dela Cruz, and Jose dela Cruz,
Defendants.
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COMPLAINT

1. Plaintiff CECILIA D. GONZALEZ, is of legal age, Filipino, widow, and a

resident 1095 Sisa corner Piy Margal Streets, Brgy. 519, Manila. She may be served
with processes and pleadings of the Honorable Court through the undersigned counsel
at Martinez Law Offices, Suite 507, 5/F FMSG Bldg., 3 rd Street corner Balete Drive, New
Manila, Quezon City.

2. Defendants Juan and Jose dela Cruz, are of legal age, Filipino citizens,
married, and residing at 116 Nawawala Street, Brgy. Bambang, Pasig City, where they
may be served with summons, processes and pleadings of the Honorable Court.

3. Defendants Juan dela Cruz et al. are the registered owners of a parcel of
land covered by Transfer Certificate of Title No. T-0000001, of the Register of Deed
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Civil Case No. ______________
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Pasig City,1 consisting of Twenty Seven Thousand and Nine Hundred Ten Square
Meters (27,910 sq.m.), more or less, located at Nawawala Street, Pasig City. 2

4. Sometime in __________, plaintiff Gonzalez was given an Authority to Sell

the above-mentioned Subject Property as evidenced by an Authority to Sell 3 and Offer
to Sell.4

5. By virtue of the said authority to sell, plaintiff offered the Subject Property
to Filipino Best Corporation5 for possible purchase, as evidenced by Letter with Subject:
Offer to Sell6 addressed to the Vice-Chairman for Rawland Acquisition of Filbest

6. Years passed, plaintiff sent a follow-up letter to FILBEST to inquire about

her proposal for the purchase of the Subject Property. 7 This time, the letter was
addressed to the new head of Rawland Acquisition Department of FilBest, Mr. Hulk
Hoogar.

1
A copy of the said TCT No. T-90487, is hereto attached as ANNEX A, and made an integral part
hereof.

2
hereafter referred to as the SUBJECT PROPERTY

3
A copy of the said Authority to Sell is hereto attached as ANNEX B.

4
A copy of the said Authority to Sell is hereto attached as ANNEX C.

5
hereafer FILBEST for brevity

6
A copy of the said Letter is hereto attached as ANNEX D.

7
A copy of the said Follow-Up Letter is hereto attached as ANNEX E.
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7. To her surprise, plaintiff found out from Mr. Imperial that the negotiations
for the purchase of the Subject Property had already been concluded and that an
alleged affiliated/accredited broker of FILBEST, Mr. Juan Tamad took over plaintiffs role
as agent for the property.

8. Plaintiff tried all means available to her to protect and insist on her right as
the agent/broker for the purchase of the Subject Property but to no avail. Her pleas to
defendants Dela Cruz et al, as well as FILBEST, for recognition as the agent of the sale
of the subject property entitled to commission, fell on deaf ears.

9. Due to the unlawful acts of defendants, plaintiff stands to lose the amount
of _________________________, more or less, in ACTUAL DAMAGES representing
her commission for the sale of the subject property.

9. Due to the complete disregard of plaintiffs rights, plaintiff Gonzalez

suffered mental anguish, serious anxiety, stress, sleepless nights and wounded feelings.
Thus, plaintiff is entitled to MORAL DAMAGES, which if quantified shall be adequately
compensated in the amount of TWO HUNDRED THOUSAND PESOS (P200,000.00).

10. In order to deter defendants from engaging in conduct similar to that which
was suffered by the plaintiff, they should be liable for EXEMPLARY DAMAGES which if
quantified shall be adequately compensated in the amount of One Hundred Thousand
Pesos (P100,000.00).

PRAYER
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WHEREFORE, premises considered, it is respectfully prayed of the Honorable

Court, that defendants ___________ be ORDERED TO:

1. RECOGNIZE plaintiff as agent/broker of the sale of property covered by

TCT No. _____________;

2. DELIVER/PAY the commission due to plaintiff in the amount of

________________________ as ACTUAL DAMAGES;

3. PAY the amount of Two Hundred Thousand as MORAL DAMAGES; and

One Hundred Thousand Pesos as EXEMPLARY DAMAGES.

4. PAY the costs of suit.

Plaintiff likewise pray for other relief just and equitable under the premises.

4 April 2017, Quezon City for City of Manila.