REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT, BRANCH ____
________________

ALBERT MARTINEZ
Plaintiff,
Civil Cases No. 5501
-versus-

CESAR MONTANO
Defendant.
x------------------------------x
CESAR MONTANO
Third-Party Plaintiff

-versus-

JOEY DE LEON
Third-Party Defendant
x-------------------------------x
THIRD-PARTY COMPLAINT

COMES NOW, the Third-Party Plaintiff, through counsel, and unto his
Honorable Court, most respectfully avers:

1. That Third-Party Plaintiff is of legal age, Filipino Citizen, with

residence at 212 Sta. Maria Street, Pasig City, Metro Manila;

2. That Third-Party Defendant is also of legal age, Filipino Citizen, with

residence address at 180 Fitness First Street, Diliman, Quezon, Metro
Manila, where he may be served with summons and other processes
by this Honorable Court;

3. That the Third-Party Defendant was hired by herein Third-Party

Plaintiff as a sub-agent for a Contract of Consignment between the
former and the Original Plaintiff. Evidenced by Annex “1”.

4. In the course of the business, Third-Party Defendant was allowed to

sell subject office equipment amounting to One Million Pesos (Php
1,000,000.00);
 5. That after selling said office equipment aforementioned, Third-Party
Defendant was not able to remit said amount in spite demand
without just and valid cause.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed unto

this Honorable Court that, after hearing, judgment be rendered as follows:
1. Ordering the Third-Party Defendant to remit Third-Party Plaintiff for
the cost of office equipment sold in the amount of One Million Pesos
(Php 1,000,000.00);
2. Ordering the Third-Party Defendant to indemnify the Third-Party
Plaintiff for whatever is adjudged against the latter in favour of the
said original Plaintiff.

Such other relief and remedies as may be deemed just and equitable
under the premises are likewise prayed for.

October 15, 2019, Manila, Philippines.

PEREZ, PARK, KIM LAW OFFICE

Counsel for Defendant
Unit 8D, Madison Place,
Cubao, Quezon City
Contact Number: 419-37-28
Perez.kbiancaetal@gmail.com

By:

ATTY. KATERINA BIANCA C. PEREZ

Roll No. 385769
IBP No. 874986/02-14-2012/Quezon City
PTR No. 95857639/01-15-2013/Quezon City
MCLE: April 22, 2013
Republic of the Philippines )
Quezon City ) S.S.

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, CESAR MONTANO, of legal age, Filipino Citizen, single and resident

of 212 Sta Maria Street, Pasig City, Metro Manila, after having been duly
sworn to in accordance with law do hereby depose and say:

1. That I am the Third-Party Plaintiff in the above-entitled case;

2. That I have caused the preparation of the foregoing Third-Party
Complaint and have read the allegations contained therein;
3. The allegations in the said complaint are true and correct to my own
knowledge and authentic records;
4. I hereby certify that I have not commenced any other action or or
proceeding involving the same issues in the Supreme Court, Court of
Appeals, or any other tribunal or agency;
5. That if I should thereafter learned that a similar action or
proceedings has been filed or is pending before the Supreme Court,
Court of Appeals, or any other tribunal agency, I hereby undertake to
report that fact within five (5) days therefrom to the court or agency
wherein the original pleading and sworn certification contemplated
herein have been filed;
6. I executed this verification/ certification to attest to the truth of the
foregoing facts and to comply with the provisions of Adm. Circular
No. 04-94 of the Honorable Supreme Court,

IN WITNESS WHEREOF, I have hereunto affixed my signature this 15th

of October 2019, in the City of Manila.

CESAR MONTANO
Affiant

SUBSCRIBED AND SWORN, to before me this 17th day of August,

2013, in the City of Quezon, affiant exhibiting to me his SSS no. 48-
09375928-5 issued at Quezon City on May 3, 2008.
 ATTY. PRINCESS KIM GUARINO
Notary Public
Commission Expires Dec. 31, 2014
Roll of Attorney No. 483937
IBP No. 12495/2-5-12/Manila City
PTR No. 87494/12-22-11/Manila City

Doc No. _____

Page No. ____
Book No. ____
Series of 2019

EXPLANATION

Due to lack of manpower and time, the undersigned counsel cannot

effect personal service and is constrained to serve a copy of the pleading
through registered mail.

MARIA OBBANIA
Roll of Attorney No. 14344
IBP No. 12345/2-5-12/Manila
PTR No. 87654/12-22-11/Manila