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(CAPTION)

COMPLAINT

PLAINTIFF, by counsel and unto this Honorable Court, most


respectfully alleges:

1. Plaintiff is a domestic corporation duly organized and existing

under Philippine laws with principal office at _____________,

Philippines. For purposes of this action, plaintiff may be served

with all orders, notices and other processes through the office

address of its undersigned counsel;

2. Defendant _____________ is of legal age, Filipino and may be

served with summons, orders and other processes of this

Honorable Court at (his/her) last known address at

_____________, Philippines;

3. Defendant JOHN DOE, whose real name and address is

presently unknown to Plaintiff, is herein joined as an alternative

party defendant being the person in whose possession or

custody the mortgaged chattel subject of this action may have

been transferred or could be found considering that the subject

chattel, by its nature, is easily transferable;


4. On _____________, for value received, Defendant _____________

executed and delivered to the Plaintiff a Promissory Note in the

sum of __________________________ (P_____________), Philippines

Currency, payable in _____________ (_____) successive monthly

instalments in the amount of P_____________ each according to

the schedule of payment indicated in said Promissory Note, a

copy of which hereto attached as Annex "A" made an integral

part hereof;

5. In order to secure the payment of the above mentioned

Promissory Note and other obligations defined in the Chattel

Mortgage Contract, Defendant _____________ executed in favor

of the herein plaintiff on the same date, a Chattel Mortgage

over the motor vehicle described below, a copy of which is

hereto attached as Annex "B" and made integral part hereof:

Make: _____________ Motor No.: _____________


Series: _____________ Chassis No.: _____________
Type of Body: _____________ Plate No.: _____________
CR No.: _____________ MVRR No.: _____________

6. That the above-described motor vehicle is presently in the

possession of the Defendants _____________ or the defendant

JOHN DOE, or their agents, representatives or persons acting in


their behalf, and are unlawfully, maliciously and wrongfully

detaining it;

7. Defendant _____________ defaulted in complying with the terms

and conditions of the said Promissory Note and Chattel

Mortgage (Annexes "A" and "B") by failing to pay (his/her)

instalments due since _____________ for this reason, plaintiff

demanded from said Defendant the payment of (his/her)

outstanding account but Defendant still failed and refused to

do so. Copy of Plaintiff's demand letter dated _____________ is

hereto attached as Annex "C" and made an integral part

hereof;

8. Thus, pursuant to the provisions of the Chattel Mortgage,

plaintiff initiated a Petition for Extra-Judicial Foreclosure of

Chattel Mortgage under Act 1508 with the Office of the

(City/Provincial) Sheriff of _____________, a copy of which is

attached hereto as Annex "D" and made an integral part

hereof;

9. Despite the foreclosure however, and despite notice and

demand to the Defendant _____________ to surrender the

subject motor vehicle subject for foreclosure, Defendant failed


and continued to fail to surrender the same without any legal

or justifiable cause. A copy of the said demand letter dated

_____________ is hereto attached as Annex "E";

10. By virtue of the unjustifiable failure and refusal of the

Defendant to turn-over the possession of the subject chattel /

motor vehicle for purposes of foreclosure, plaintiff was

constrained to institute the instant action and secure the

services of the undersigned counsel for attorney's fees

equivalent to _____________ (_____%) percent of the total

amount due and outstanding on the Promissory Note and

Chattel Mortgage, liquidated damages and expenses incurred

in relation with the manual delivery of the above-described

motor vehicle, including the expenses for the payment of the

premium on the replevin bond filed in support of the prayer for

the issuance of a warrant for the seizure thereof;

11. Plaintiff is entitled to the immediate possession of the

mortgaged motor vehicle described above, which Defendants

are wrongfully detaining for the purpose of defeating plaintiff's

mortgage lien thereon;


12. That the property has not been distrained or taken for a tax

assessment or a fine pursuant to law, or seized under a writ of

executed or preliminary attachment, or otherwise placed under

custodia legis, or if so seized, that it is exempt from such

seizure or custody;

13. That the estimated actual market value of the said motor

vehicle is P_____________;

14. Plaintiff is ready, willing and able to put up a good and

solvent bond of double the actual market value of the above-

described motor vehicle conditioned on the return of the same

to the Defendants if such return be adjudged, and for payment

of such sum as they may recover from the plaintiff in the

instant action.

PRAYER

WHEREFORE, it is most respectfully prayed of this

Honorable Court:

a) To forthwith issue a Writ of Replevin for the immediate

seizure and recovery of possession of the afore-described

chattel / motor vehicle, complete with all its accessories and


equipments, together with the Registration Certificate

thereof, with authority to break open and enter any premises

where the same may be found and to direct the manual

delivery thereof to the plaintiff in accordance with law for

purposes of foreclosure, and after due hearing, to confirm

the said seizure and delivery to plaintiff;

b) Or, in the event that manual delivery of the said motor

vehicle cannot be effected, to render judgment in favor of

the plaintiff against the Defendants, ordering them to pay

plaintiff jointly and severally the principal sum of

P_____________, plus liquidated damages, penalties, and

interests until fully paid;

c) In either case, to order Defendants to pay Plaintiff the sum of

_____________ (_____%) percent of the total amount due as

Attorney's Fees, and to reimburse plaintiff its expenses for

getting a replevin bond, litigation expenses as may be

proved during trial, and other expenses incurred in the

seizure of the said motor vehicle, and the cost of suit.

Other relief as may be deemed just and equitable in the

premises are likewise prayed for.


Date _____________, Philippines, __Date__.

(COUNSEL)

REPUBLIC OF THE PHILIPPINES)


Province of ____________________) S.S.
City/Municipality of _____________)
x-----------------------x

VERIFICATION / CERTIFICATION
AND AFFIDAVIT OF MERIT

I, _____________, of legal age, Filipino, (single / married /


widow), and a resident of _____________, Philippines, after being
sworn to in accordance with law, depose and state:

1. That I am the Manager of _____________, the plaintiff in the


above-captioned case which is for replevin / recovery of
possession of the following motor vehicle:

Make: _____________ Motor No.: _____________


Series: _____________ Chassis No.: _____________
Type of Body: _____________ Plate No.: _____________
CR No.: _____________ MVRR No.: _____________

2. That the Plaintiff is the mortgagee of the above-described motor


vehicle and is entitled to the immediate possession thereof for
purposes of foreclosure of the Chattel Mortgage on the said
motor vehicle;

3. That the above-described motor vehicle is presently in the


possession of the Defendants _____________ or a certain JOHN
DOE, or their agents, representatives or persons acting in their
behalf, and are unlawfully, maliciously and wrongfully detaining
it;
4. That the above-described motor vehicle has an estimated
actual market value of P_____________;

5. That the said motor vehicle has not been distrained or taken for
a tax assessment or a fine pursuant to law, or seized under a
writ of execution or preliminary attachment, or otherwise
placed under custodia legis, or if so seized, that it is exempt
from such seizure or custody;

6. That the plaintiff is ready, willing and able to put up a good and
sufficient bond of double the actual market value of said motor
vehicle conditioned on the return thereof to the Defendants if
such return be adjudged, and for payment of such sum as they
may recover from the plaintiff in the instant action;

7. That I have caused the preparation of the foregoing Complaint;


that I have read the allegations contained therein and I know the
contents thereof. The allegations contained herein are true and
correct based on my own personal knowledge and based on
authentic records at hand;

8. That I further certify that: (a) I and the plaintiff _____________


have not theretofore commenced any other action or proceeding
involving the same matter in the Supreme Court, the Court of
Appeals, or any other tribunal or agency; (b) to the best of my
knowledge, no such action or proceeding is pending in the
Supreme Court, the Court of Appeals, or any other tribunal or
agency; and (c) if 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 and the corporation undertake to
report such fact within five (5) days therefrom to the court or
agency wherein the original pleading and sworn certification
contemplated herein have been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this


_____________ at _____________, Philippines.
AFFIANT

(JURAT)