Republic of the Philippines

REGIONAL TRIAL COURT

Branch __,

, Civil Case No. ______________

Plaintiff,

-versus- For: Replevin with Damages

,
Defendant.

X----------------------------------X

COMPLAINT

PLAINTIFF, xxxx through the undersigned counsel, unto this Honorable

Court, most respectfully sets forth:

1. That plaintiff xxxxxx is of legal age, Filipino, married, and a resident of,
where she may be served with notices, and other legal processes of the
Honorable Court;

2. That defendant xxxxxxx, xxxis of legal age, Filipino, and a resident of,
where he could be served with summons and other legal processes of
the Honorable Court;

3. That plaintiff is the registered owner of a motor vehicles, hereto identi-

fied as follows, to wit:

Including All Accessories Attached to the Unit

4. That sometime on 21 May 2018, parties agreed defendant will purchase

the above-identified motor vehicle, in the amount of Nine Hundred
Thousand Pesos (Php 900,000.00);

5. Attached and made an integral part hereof is a copy of the Certificate of

Registration and the latest Official Receipt of the aforementioned mo-
tor-vehicle, hereto attached and referred to as ANNEX “”;

6. That pending the execution of the Deed of Conveyance, defendant took

over the possession and control of the foregoing motor vehicle, includ-
ing the original copies of the Certificate of Registration and Official Re-
ceipt;
 7. That defendant promised to sign and execute the deed of conveyance
and upon the payment of the agreed purchase price;

8. That defendant defaulted in the fulfullment of his promise and obliga-

tion;

9. That the above-described motor vehicle is presently in the possession of

the Defendant, or their agents, representatives or persons acting in their
behalf, and are unlawfully, maliciously and wrongfully detaining it;

10. Defendant defaulted in complying with his promises and obligation to

pay, for this reason, plaintiff demanded from the defendant the return
of the foregoing motor vehicle but defendant still failed and refused to
do so. Copy of the said demand letter dated January 9, 2019 is hereto
attached as ANNEX” ”;

11. That plaintiff is entitled to the immediate possession of the motor vehi-
cle described above, which Defendant is wrongfully detaining for the
purpose of defeating plaintiff’s right to possession and control 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 executed or prelimi-
nary attachment, or otherwise placed under custodial egis, or if so
seized, that is exempt from such seizure or custody;

13. That the estimated actual market value of the said motor vehicle is at
Nine Hundred Fifty Thousand Pesos (Php 900,000.00);

14. That as a result of the malicious witholding of the defendant of the ac-
tual possession of the control of the above-mentioned motor vehicle,
plaintiff incurred liquidated and unliquidated damages in the aggre-
gate amount of Three Hundred Fifty Thousand Pesos (Php 350,000.00);

15. Moreover, as a result of the malicious acts of the defendant, plaintiff is

constrained to bring this matter in court and incurred expenses relative
and incidental to the instant case, including Attorney’s Fees in the
amount of Fifty Thousand Pesos (Php 50,000.00) and cost of litigation;

16. That the plaintiff is willing to put up a bond with a reputable bonding
company in an amount double the value of the subject motor vehicle.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court:
1. To forthwith issue a Writ of Replevin for the immediate seizure and
recovery of the possession of the afore-described motor vehicle, com-
plete with all its accessories and equipments, together with the Regis-
tration Certificate thereof, with authority to break open and enter any
premises where the same may be found and to direct the manual deliv-
ery thereof to the plaintiff in accordance with law for purposes of fore-
closure, and after due hearing, to confirm the said seizure and delivery
to plaintiff;

2. 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 de-
fendant, ordering him to pay plaintiff the principal sum of Php
900,000.00 plus liquidated and unliquidated damages in the aggregate
amount of Php 350,000.00, penalties, and interests until duly paid;

3. Attorney’s Fees in the amount of Fifty Thousand Pesos (Php 50,000.00)

and cost of litigation.

This 15st day of March 2019, in the, Philippines.

Counsel for Plaintiff

By:

Atty yyyyyy
IBP No. City

PTR No. City

MCLE No.

Roll No.
Republic of the Philippines )
) S.S.
X----------------------------X

VERIFICATIONAND CERTIFICATION with

AFFIDAVIT OF MERIT

I, of legal age, Filipino, married, with office address at Philippines, under

oath hereby declare 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:

Including All Accessories Attached to the Unit

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 Defendant, or her 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 estimate market value of

Php 200,000.00;

5. That the property has not been distrained or taken for a tax assessment
or a fine pursuant to law, or seized under a writ executed or prelimi-
nary attachment, or otherwise placed under custodial egis, or if so
seized, that is exempt from such seizure or custody;

6. That the plaintiff is willing to put up a bond with a reputable bonding

company in an amount double the value of the subject motor vehicle;

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

have read the allegation therein and that the allegations contained
therein are true and correct based on my personal knowledge and
based on authentic records at hand;

8. That I further certify that the plaintiff xxxxxxxxxxxxxx have not hereto-
fore commenced any other action or proceeding involving the same
subject matter in the Supreme Court, the Court of Appeals, or any other
 tribunal or agency, and to the best of my knowledge no such action or
proceeding is pending in the Supreme Court, in the Court of Appeals,
or any other tribunal or agency, and 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 under-
take to report such fact within Five (5) days therefrom to the Court or
Agency wherein the original pleading and sworn certification contem-
plated herein have been filed.

IN WITNESS WHEREOF, I have hereunto set m hand and signature this

26th day of September 2014, Philippines.

.
Affiant

SUBSCRIBED AND SWORN TO before me this 26th day of September

2014, in the, Philippines. Affiant personally appeared before me and presented
to me his Philippine Driver’s License with serial, issued by Land Transportation
Office, Regional Office, valid until January2, 2016.

Doc. No. _______;

Page No. _______;
Book No. _______;
Series of 2014.