REPUBLIC OF THE PHILIPPINES

HOUSING AND LAND USE REGULATORY BOARD

SOUTHERN TAGALOG REGION
CALAMBA, LAGUNA

__________________
Complainant,

-versus-

____ CORPORATION,
Respondent.
x-------------------------------------------------------------------------------------------------x

COMPLAINT

Complainant, by counsel, respectfully states:

PARTIES:

1. Complainant is a Filipino, of legal age, married and residing at

_________________________, herein representing her son and daughter-
in-law, SPS. _____________, the VENDEES of the subject property.

Considering that the VENDEES are currently out of the country, a

SPECIAL POWER of ATTORNEY was executed in favor of the
Complainant authorizing the latter to sue in their behalf. As proof of the
foregoing, attached herewith is a copy of the Special Power of Attorney as
Annex A.

2. Respondent is a corporation with office address at

___________________________, represented by its President,
________________.

Allegations Common to all Causes of Action:

3. On _______________, VENDEES entered into a Contract to Sell with

Respondent wherein the former agreed to purchase a lot with no
improvements located in ______________________, specifically the one
located at _______________ with an area of
__________________________ for the price of ________________
PESOS (PhP _______.00).

A copy of the Contract to Sell is attached as Annex B.

4. Subject property was fully paid on ___________ as evidenced by the

Official Receipt No. _________. Thereafter, Respondent issued a
Certification recognizing full payment therefor (attached as Annex C) and

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the corresponding DEED OF ABSOLUTE SALE was executed on
_______________ (attached as Annex D).

5. In the Certification dated ___________, Respondent averred that the

release of the Original Transfer Certificate of Title (OCT) will be on
_________________. However, no OCT was ever released to the
VENDEES.

6. In a letter dated ___________, Respondent again promised to

release the aforesaid title after three (3) months reckoned from the date of
the letter. Again, there was no OCT to speak of on the date promised.

7. On ____________, an Undertaking was signed by the President of

the Respondent corporation stating that the Title will be released NINETY
(90) days thereafter. At present, VENDEES remain empty handed.

Attached as Annex E, F and G are said documents for easy reference.

FIRST CAUSE OF ACTION

8. Despite repeated demands, Respondent failed and continues to fail

to deliver the OCT for the subject property already paid for in full by the
VENDEES contrary to Section 10 of the CONTRACT TO SELL stating that
the Respondent shall cause:

x x xthe issuance of the Certificates of Title to the UNIT in favor of

the VENDEE, or his/her assign within a reasonable period of time from
payment in full of the purchase price and any and all interests, penalties
and other charges and upon issuance by the Registry of Deeds of the
corresponding individual Certificate of Title covering the unit subject of
this Contract

9. Likewise, Respondents act is contrary and in willful disregard of

Section 25 of Presidential Decree No. 957 (Regulating the Sale of
Subdivision Lots and Condominiums, Providing Penalties for Violations
thereof) as amended, to wit:

Sec. 25. Issuance of Title The owner or developer shall deliver the
title of the lot or unit to the buyer upon full payment of the lot or unit. No
fee except those required for the registration of the deed of sale in the
Registry of deeds shall be collected for the issuance of such title. In the
event a mortgage over the lot or unit is outstanding at the time of the
issuance of the title to the buyer, the owner of or developer shall redeem
the mortgage or the corresponding portion thereof within six months
from such issuance in order that the title over any fully paid lot or unit
may be secured and delivered to the buyer in accordance herewith.

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 SECOND CAUSE OF ACTION

10. The foregoing allegations are reproduced herein by reference.

11. To serve as deterrent to the commission by other persons of

similar acts in violation of the law and breach of contractual obligations and
to provide an example for the public good, Respondent must be held liable
for payment of exemplary damages in the amount of FIFTY THOUSAND
PESOS (Php 50,000.00).

THIRD CAUSE OF ACTION

10 . The foregoing allegations are reproduced herein by reference.

11 . In order to institute this action against Respondent, in the exercise

and protection of her rights, Complainant was constrained to engage the
services of counsel for a fee and to incur expenses of litigation in the
amount of SIXTY THOUSAND PESOS, which should be charged against
Respondent.

RELIEF

WHEREFORE, it is respectfully prayed that:

a. Upon due proceedings, Respondent be ordered to issue the Original

Certificate of Title in the name of ________________ Or in the
ALTERNATIVE

b. To refund in FULL the purchase price received for the subject

property in accordance with the Supreme Court ruling in the case of
CASA FILIPINA DEVELOPMENT CORPORATION, vs. DEPUTY
EXECUTIVE SECRETARY, OFFICE OF THE PRESIDENT,
MALACAANG, MANILA, AND JOSE VALENZUELA, JR., G.R.
No. 96494, May 28, 1992

c. Further, to render judgment in favor of Complainant by:

1. Ordering Respondent to pay complainant FIFTY

THOUSAND PESOS (Php 50,000.00) as exemplary
damages;

2. Ordering Respondent to pay complainant SIXTY

THOUSAND PESOS (Php 60,000.00) as attorneys fees and
expenses of litigation; and

3. Ordering Respondent to pay the cost of the suit.

Other equitable reliefs are likewise prayed for.

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Republic of the Philippines }
City of ________} S.S.

VERIFICATION and CERTIFICATION ON NON-FORUM SHOPPING

I, _____________, of legal age, married, after being duly sworn on

oath in accordance with law hereby voluntarily depose and say:

That I am the complainant in the above-titled case;

That I caused the preparation of the foregoing complaint;

That I have read the contents thereof and the same are true and
correct of my own knowledge;

That I hereby certify that I have not commenced any action or

proceeding involving the same issues in the Supreme Court, Court of
Appeals or any tribunal or agency;

That to the best of my own knowledge, no such action or proceeding

is pending involving the same issues in the Supreme Court, Court of
Appeals or any tribunal or agency;

That if I should hereafter learn that a similar action or proceeding has

been filed or is pending before the Supreme Court, Court of Appeals or any
tribunal or agency, I undertake to immediately report the same within five
(5) days therefrom to the court or agency wherein the original pleading and
sworn certification contemplated in Administrative Circular No. 04-94 of the
Supreme Court has been filed.

__________________

Subscribed and sworn to before me this ___ day of ____________,

affiant exhibited to me her ID __________________ issued at __________
on _________________.

NOTARY PUBLIC
Doc No.
Page No.
Book No.
Series of 2016

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