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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


METROPOLITAN TRIAL COURT
BRANCH 17
CITY OF MAKATI
JACK DANIELS,
Plaintiff,
- versus -

Criminal Case No. 09-7862


For: Violation of B.P. 22

JOSE CUERVO
Defendant.
x----------------------------------- x
COMPLAINT
PLAINTIFF by counsel and unto this Honorable Court most respectfully
alleges, That :

1. Plaintiff, JACK DANIELS is of legal age, Filipino, with residence and


postal address at 1362 Burgos Drive, Bel-Air Subdivision, Makati City, Metro
Manila;

2. Defendant, JOSE CUERVO, is likewise of legal age, Filipino, single, with


residence and postal address at 623 Bonifacio Avenue, Dasmarias Village,
Makati City, Metro Manila, where he may be served with summons, orders
and other Court processes;

3. On May 16, 2015 the plaintiff, entered into a contract of sale with the
defendant. The object of the sale is the plaintiffs slightly used car, more
particularly 2015 Subaru WRX STI in Blue Pearl color registered with plate
number AAA 8888; Photocopies of the Official Receipt and Certificate of
Registration are hereto attached and marked as Annex A to form as
integral part hereof;

4. In pursuance to the said sale, the plaintiff and the defendant formally
executed a Contract of Sale, photocopies of the same are hereto attached
and marked as Annex B to form as integral part hereof;
5. The price agreed upon by the parties is Two Million Two Hundred Fifty
Thousand Pesos (Php 2,250,000.00) to be paid in full upon the delivery of
the above mentioned car.
6. That on May 20, 2015, the plaintiff delivered the car to the residence of the
defendant, and the latter issuing a check as full payment for the car. The
photocopy of the same is hereto attached and marked as Annex C and to
form as integral part hereof;

7. On the same day, the plaintiff attempted to deposit the check in his
personal account with the Rizal Commercial Banking Corporation Buendia
Branch. However, the said bank did not honor the check as they allege that
the defendants account was insufficient to cover the amount drawn in the
check.

8. The Defendant, despite repeated oral and formal demands to deposit


funds to cover the amount drawn in the check or resort to another mode of
payment, adamantly refused to do so. Hence, the plaintiff, through the herein
counsel, made a formal and final demand to the defendant to fulfill his
obligation to pay. Attached is the photocopy of the Notice To Vacate herein
marked as Annex D and to form as integral part hereof;

9. The Plaintiff, in order to protect his rights and interest, was constrained to
engaged the services of the herein counsel for which reason she agreed to
pay him the amount of Two Hundred Thousand Pesos (Php200,000.00) as
Attorneys Fees and the additional sum of Five Thousasnd Pesos
(Php5,000.00) as appearance fee and transportation expenses per hearing
of the case.

WHEREFORE, premises considered it is respectfully prayed of this


Honorable Court that judgment be rendered in favor of the plaintiff, to wit:
1.

That the defendant shall be held criminally and civilly liable under Batas
Pambansa Blg. 22;

2.

Ordering the defendant to return to plaintiff the object of the sale;

3.

Ordering the defendant to pay or reimburse the plaintiff the cost of suit.

4.

Plaintiff further prays for such other reliefs warranted under the premises.
Signed this 22nd day of September 2015 in the City of Makati.

ATTY. PAOLO ANTONIOU TRINIDAD


Counsel for the Plaintiff
rd
33 Floor, Tower 1, TRIBAR Towers, 8888 Ayala
Ave. cor. Paseo de Roxas St., Makati City
IBP No. 489323/04-17-2014/Makati City
PTR No. 8702015/07-11-2015/Makati City
Roll No. 88888