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Republic of the Philippines

REGIONAL TRIAL COURT
National Capital Judicial Region
Makati City, Branch ____

HOME, INC.
Plaintiff,
-versusPossession of

Civil Case No. __________
For: Recovery of
Personal Property &

Damages
JUAN DELA CRUZ,

Defendant.
x----------------------------------x
COMPLAINT

COMES NOW Plaintiff, HOME, INC., by and through
undersigned counsel, unto this Honorable Court, most
respectfully states that:
1.
Plaintiff Home, Inc. (hereinafter referred to as
“Plaintiff Corporation” for brevity) is a corporation duly
organized and existing under the laws of the Philippines with
office address at ____________________, Makati City. Plaintiff
Corporation may be served with summons and other court
processes at the address of the undersigned counsel.
2.
Defendant Juan dela Cruz (hereinafter referred to as
“Defendant Juan” for brevity) is of legal age, and with address
at _____________________________, Makati City, where he may
be served with summons and other court processes.
3.
Plaintiff Corporation is engaged in the business of
publishing books, journals, magazines and other literary

books.e. materials. as Annex “A”. According to the latest information . Roberto R. records. is a copy of the minutes of the organizational meeting of Plaintiff Corporation. flats. plates and negatives and transferred the same to another warehouse under Defendant Juan’s exclusive control. negatives. and a copy of Plaintiff Corporation’s latest General Information Sheet filed with the Securities and Exchange Commission (SEC) reflecting the election of the new set of officers. flats. Defendant Juan engaged the services of a security agency and placed a security guard at the Plaintiff Corporation’s business premises to bar and prevent the current officers of Plaintiff Corporation from entering its premises. ensuring the quality of the color separation of the books. and Mr. as Annex “B”. Plaintiff Corporation discovered that Defendant Juan. in an obvious intent to clearly vex and annoy Plaintiff Corporation’s new set of officers and to virtually paralyze Plaintiff Corporation’s business. Plaintiff Corporation held its annual stockholder’s meeting. 8. Marked and attached herewith. had secretly and surreptitiously removed the Plaintiff Corporation’s entire existing stock of books. where its entire business consisting of publishing equipment. i. including its warehouse. In other words. Santos as Corporate Secretary. Juanita Juan as Chairman of the Board and President. 5. 6.. etc. After less than a month. On 15 April 2004. plates. Defendant Juan fraudulently took possession and control of Plaintiff Corporation’s business premises. Teresa Santos Tan as Treasurer. To make matters worse. Ms. Ma. After having been informed of the election of the Plaintiff Corporation’s new set of officers. to form an integral part hereof. can be found. Defendant Juan obstinately refused to acknowledge the authority of the new set of officers and stubbornly continued to act as an officer of Plaintiff Corporation despite his utter lack of authority. 7. the Plaintiff Corporation’s organizational meeting was held wherein the following persons were duly elected as the officers of Plaintiff Corporation: Ms. Immediately thereafter. assisting in book acquisitions of Plaintiff Corporation..managed the technical aspect of the business. and acted as co-publisher.

a collection of Plaintiff Corporation’s flats of several books published by Plaintiff Corporation covering Two Thousand One Hundred Seventy Two (2. Plaintiff Corporation stands to lose an amount of Two Million Three Hundred Eighty Thousand One Hundred Fifty Seven Pesos (Php2. if not all. 8. Plaintiff Corporation has not been able to deliver these books to National Bookstore branches since Defendant Juan has unlawfully withheld the same in his warehouse. 8.380.6 Marked and attached herewith. 8.3 Marked and attached herewith. is a copy of the complete list of Plaintiff Corporation’s books with their corresponding prices. 8. to form an integral part hereof.Defendant Juan in a warehouse located at the _________________________.5 Said flats. as Annex “D”. 8. Obviously. Makati City. which are utilized by Plaintiff Corporation in reprinting previously published books. of these books are supplied to National Bookstore’s branches nationwide for sale to the general public.500.157.157. have an estimated current market value of roughly Six Hundred Seventeen Thousand Five Hundred Pesos (Php617.00) representing Plaintiff Corporation’s actual costs in producing and printing the books. Accordingly. the latter amount being the total price at which Plaintiff Corporation sells the books to the retailer.4 Aside from said books. as Annex “C”.00). 8. which Defendant Juan unlawfully possesses and stores in said warehouse.00). to form an integral part hereof.2 Most. is a copy of the list of Plaintiff Corporation’s flats currently in Defendant Juan’s unlawful possession.7 In sum. and potential net income.172) pages were also fraudulently removed by Defendant Juan from Plaintiff Corporation’s business premises and placed in the above-mentioned warehouse. 8.1 The Plaintiff Corporation’s property consist of various quantities of an assortment of titles totaling Twenty Four Thousand One Hundred Ninety Five books valued at Two Million Three Hundred Eighty Thousand One Hundred Fifty Seven Pesos (Php2. Defendant Juan is in possession of Plaintiff Corporation’s property worth Two Million Nine .380.

their legal and rightful owner. Due to Defendant Juan’s malicious. in the manner herein provided. and up to the current time still refuses and fails. Damages and Attorney’s Fees) 11. CAUSES OF ACTION (For Recovery of Possession of Personal Property. 2 Rule . but despite repeated demands. to return said properties and corporate assets to Plaintiff Corporation. – A party praying for the recovery of possession of personal property may. adamantly and unlawfully refused and failed. nefarious and spiteful act of hiding Plaintiff Corporation’s aforementioned properties and assets. apply for an order for the delivery of such property to him. to wit: (a) “Sec. Under Section 1 of Rules 60 of the Revised Rules of Court. Plaintiff Corporation demanded from Defendant Juan the return of the aforementioned properties and corporate assets. 10. Immediately thereafter. In compliance with the requirements of Sec. at the commencement of the action or at any time before answer. 1 Application.9. Said provisional remedy is made available. Defendant Juan persistently. Plaintiff Corporation repleads.” (emphasis supplied) 14. Plaintiff’s business has suffered substantially especially since it has not been able to deliver its books to National Bookstore branches and has not been able to accept orders to reprint previously published books. reproduces and incorporates by reference all the foregoing paragraphs as integral parts hereof and further avers that: 13. a court of proper jurisdiction may grant a prayer for the provisional remedy of an order for the delivery of the personal property to a party.

and valid rights. As a deterrent to Defendant Juan from again committing the same or any other similar fraudulent scheme and to deter other persons who are similarly minded. 16.000. and for the payment to Defendant Juan of such sum as he may recover from the Plaintiff Corporation in the action.00).000. Defendant Juan should be held liable for exemplary damages in the sum of Five Hundred Thousand Pesos (Php500. 19. 18. i. is most Upon filing of the instant complaint and the posting . Plaintiff Corporation was constrained to engage the services of undersigned law firm for which Defendant Juan must be made to pay Plaintiff Corporation an amount of not less than Five Hundred Thousand Pesos (Php500.00). Considering that Plaintiff Corporation’s business has been substantially affected due to Defendant Juan’s persistent and continued fraudulent possession of Plaintiff Corporation’s property.respectively. books and flats. for the return of the property to Defendant Juan. In order to protect and enforce its just. as stated in paragraph 8.00).000. Defendant Juan should be held liable for actual damages in the sum of One Million Pesos (Php1. premises considered.5 of the instant Complaint and affidavit mentioned.2 and 8. it respectfully prayed of this Honorable Court that: 1. 17.000. Plaintiff Corporation further manifests that it is ready and willing to post the necessary bond executed to Defendant Juan double the value of the property. if such return be adjudged. PRAYER WHEREFORE. 15. The certification of the Barangay Court is not required and not applicable considering that Plaintiff is a corporate entity. as and by way of attorney’s fees and cost of suit. in support of Plaintiff Corporation’s application for the provisional remedy of replevin.e. lawful..

namely the sum of Two Million Nine Hundred Ninety Seven Thousand Six Hundred Fifty Seven Pesos (Php2. (b) Ordering Defendant Juan to pay Actual damages in the amount of One Million Pesos (Php1. (c) Ordering Defendant Juan to pay Exemplary damages in the amount of Five Hundred Thousand Pesos (Php500.00).657. Plaintiff Corporation most respectfully prays for such other reliefs and remedies as may be deemed just and equitable under the circumstances. Judgment be rendered in favor of the Plaintiff Corporation and against Defendant Juan: (a) Adjudging that Plaintiff Corporation has the right of possession arising from its ownership of the personal properties and corporate assets.997. . if still undelivered.000. December 2013. and ordering that said personal properties and corporate assets be delivered to Plaintiff Corporation. Makati City.00).000. (d) Ordering Defendant Juan to pay Attorney’s fees and cost of suit in the amount of Five Hundred Fifty Thousand Pesos (Php500. or if material delivery be not possible.00). 2.00).and/or secure the same in accordance with the Rules of Court.000. ordering Defendant Juan to pay Plaintiff Corporation its equivalent market value. and (e) Ordering Defendant Juan to pay other costs and expenses as a result of litigation. subject of the instant complaint.000. After notice and hearing.