Republic of the Philippines

Regional Trial Court

7th Judicial Region
Branch 62, Oslob, Cebu

MISTER R. PURCHASER
Plaintiff,
CIVIL CASE NO. ________
-versus- FOR: RESCISSION OF
AGREEMENT AND DEED OF
MISS S. SELLER ABSOLUTE SALE, DAMAGES
Defendant. AND ATTORNEYS FEES

x---------------------x

COMPLAINT
Plaintiff, through counsel, respectfully
alleges that:

1. Plaintiff is of legal age residing at Temple

of Leah, Roosevelt Street, Barangay Busay, Cebu City.

2. Defendant is of legal age residing at

Fantasy Place, Samboan, Cebu.

3. Defendant is a registered owner of a parcel

of land with a total land area of three hectares
situated at Samboan, Cebu covered by Certificate of
Title No. T-54321-A.

4. The said parcel of land was the subject of

a mortgage to PS Bank, Cebu Branch, Osmea Bouevard,
Cebu City and of a private mortgage to Terd D.
Pearson.

5. On September 12, 2016, the parties entered

into an Agreement for the Sale and Purchase of the
subject property for P 3,600,000.00. Attached is a
machine copy of the Agreement (Annex "A").

6. On the same day, plaintiff made an initial

payment to defendant amounting to P 1,600,000.00
which was intended to be applied by the defendant as
follows:

(a) P 1,000,000.00 of said amount was for the

redemption of said parcel of land from PS Bank, Cebu
Branch, Osmea Blvd., Cebu City to enable the
plaintiff to get hold of the title and register the
sale; and

(b) P 600,000.00 was for redemption of the

subject property from Terd D. Pearson to enable the
plaintiff to possess and cultivate the same. Attached
is a machine copy of the defendants receipt of
payment (Annex B).

7. The parties agreed that after the bank

releases the title covering the subject property,
the deed of absolute sale shall be executed and the
transfer shall be effected immediately so that the
plaintiff can apply for a loan from any lending
institution using the corresponding certificate as
collateral, and the proceeds of said loan, whatever
be the amount, be given to the defendant.

8. The parties also agreed that whatever

balance left from the agreed purchase price, after
deducting the proceeds of the loan and P 1,600,000.00
received by defendant, shall be paid by the plaintiff
not later than July 31, 2017.

9. On October 12, 2016, defendant redeemed the

said land from PS Bank Cebu and withdrew TCT No.
T-54321-A.

10. On November 3, 2016, the parties executed a

Deed of Absolute Sale whereby defendant transferred
the subject property to plaintiff for and in
consideration of P 1,600,000.00. Attached is a
machine copy of the Deed of Absolute Sale (Annex
C).
11. On the same day, plaintiff verbally demanded
from the defendant the title. However, defendant said
that he forgot to bring it and promised to deliver
the same a week after.
 12. Despite plaintiffs repeated oral and
written demands for the delivery of the title, the
defendant failed to deliver the title to the
plaintiff. Attached is a machine copy of the demand
letter dated December 12, 2016 (Annex D) which was
received by the defendant on the same day.

13. To add insult to injury, plaintiff has not

and could not physically, actually, and materially
possess and cultivate the subject property because
the area is not yet fully cleared from incumbrances
and the private mortgage and/or present possessor
refuse to vacate the same.

14. On February 2, 2017, plaintiff sent a letter

to the defendant demanding the return of the amount
P 1,600,000.00 so advanced by him, but the latter
ignored the same. Attached is a machine copy of the
demand letter (Annex E).

15. On March 12, 2017, plaintiff reiterated

said demand in another letter. However, the same was
unheeded. Attached is a machine copy of the demand
letter (Annex F).

16. Without any justification, defendant

continuously refused to return said amount despite
plaintiffs repeated oral and written demands. A
final demand letter was sent and received personally
by defendant on March 15, 2017. Attached is a machine
copy of the final demand letter (Annex G).

17. Because of defendants indifference to the

demands of the plaintiff, the latter was constrained
to notify the former through a notarial act of his
desire and intention to rescind the agreement and
absolute deed of sale. Attached is a machine copy of
the notarial act to rescind the agreement and
absolute deed of sale (Annex H).

18. Because of the defendants refusal to comply

with the contract, plaintiff suffered actual damages
in the amount of P 1,600,000.00 representing the
latters initial payment handed to the defendant as
early as September 12, 2016.

19. Plaintiff also suffered moral damages for

the serious anxiety, mental anguish and sleepless
night at having parted with his hard-earned money
for a promise that remains unfulfilled up to the
present.

20. Moreover, defendants continued

indifference to plaintiffs demands to comply with
the provisions of the contract evidenced his bad
faith justifying the award of exemplary damages.

21. Furthermore, plaintiff is constrained to

file this suit and to engage the services of counsel
with an acceptance fee of P 20,000.00 plus P 2,000.00
per court appearance.

Prayer

Wherefore, it is respectfully prayed that:

1. The Agreement and the Deed of Absolute Sale

be rescinded.

2. The defendant be ordered the return of P

1,600,000 with interest to plaintiff.

3. The defendant be ordered to pay moral

damages to plaintiff in the amount of P 200, 000.00
and exemplary damages in the amount of P 50, 000.00.

4. The defendant be ordered to pay to plaintiff

the attorneys fees in the amount of not less than P
20, 000.00 plus P 2, 000.00 per court appearance,
and the amount of litigation expenses as may be
proved during trial.

5. Such other reliefs based on law and equity

be granted the plaintiff.

Respectfully submitted.

June 21, 2017. Cebu City, Philippines.

 VINCE PATRICK BUTALID
Counsel for the Plaintiff
Roll of Attorneys No. 1245
XYZ Towers, Cebu City 6000, Cebu, Philippines
IBP No. 12345, 02-01-2017, Cebu City
PTR No. 12345, 02-01-2017
MCLE V No. 12345, 02-01-2017, Cebu City

CRISTINE D. BILOCURA
Counsel for Plaintiff
Roll of Attorneys No. 54321
XYZ Towers, Cebu City 6000, Cebu, Philippines
IBP No. 12, 02-01-2017, Cebu City
PTR No. 54321, 02-01-2017
MCLE V No. 54321, 02-01-2017, Cebu City
VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING

I, Mister R. Purchaser, after being sworn in

accordance with law, depose and say:
1. That I am the plaintiff in the above-
entitled case; that I have caused the above complaint
to be prepared and have read the contents thereof;
and that the allegations therein are true and correct
based on my personal knowledge or based on authentic
records.
2. That I have not heretofore commenced any
other action or proceeding involving the same issues
in the Supreme Court, the Court of Appeals, or any
other tribunal agency of hearing officer; 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, agency or hearing officer;
3. That should I thereafter learn that the same
or similar action or claim has been filed or is
pending, I shall report that fact within five(5) days
therefrom to this Honorable Court.
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my signature 21st day of June2017 at Cebu
City, Philippines.

MISTER R. PURCHASER
Affiant
Passport Number: ED9724403
Valid until: September 2018
Cebu City

SUBSCRIBED AND SWORN TO BEFORE ME, this 21st day

of June 2017 at Cebu City, Philippines. Affiant
exhibited to me his valid and competent
identification card: Passport Number ED9724403,
valid until September 2018 issued in Cebu City.

Notary Public
Doc. No. ______
Page No. ______
Book No. ______
Series of 2017.