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ANTONIO JOSE
Defendant.
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COMPLAINT
COMES NOW, the Plaintiff by the undersigned counsel unto this Honorable
Court respectfully alleges:
1. That Plaintiff, JUAN DELA CRUZ is of legal age, single, Filipino Citizen and a
resident of 12 Sgt. Esguerra St. Bgy. Bagong Ilog, Pasig City, hereinafter called the
PLAINTIFF-VENDEE.
2. That Defendant, ANTONIO JOSE is likewise of legal age, single, Filipino Citizen
and a resident of 15 Ilang-Ilang St. Bgy. Caniogan, Pasig City where he may be served
with summons and other court processes, hereinafter called the DEFENDANT-VENDOR.
3. That the Defendant - Vendor is the absolute and registered owner of a parcel of
land containing an area of ONE HUNDRED (100) SQUARE METERS, more or less,
situated in Bgy. Ugong, Pasig City and covered by TCT No. 1234 of the Registry of Deeds
of Pasig City and more particularly described as follows:
A copy of the said certificate of title is herein attached as Annex "A" and made an
integral thereof.
4. On May 12, 2017, Defendant - Vendor was intending to sell the subject property
to Plaintiff - Vendee. Defendant - Vendor made a representation and an offer to Plaintiff -
Vendee for the sale of subject property for the sum of TWO MILLION PESOS which was
accepted by the plaintiff subject to the terms and conditions which subject however, to
further negotiation.
6. On May 28, 2017, during the signing and execution of the Contract to Sell of the
subject property by all the parties, Plaintiff was shocked to discover that on the said
signing, the Defendant suddenly made a commotion by shouting on the said meeting that
he will not sign any contract and that he vehemently opposes the said contract.
7. His mother and siblings tried to talk to him for his sudden change of heart.
However, the Defendant - Vendor, did not wish to talk to anybody and that he would not
want to participate anymore with the transaction because he does not want to sell the
property anymore.
8. Plaintiff is left with no choice but to pursue this instant action and to seek redress
before this Honorable Court in order to enforce his rights under their legally perfected
contract.
PRAYER
2. Ordering the Defendant to pay the Plaintiff Actual Damages amounting to Php
100,000.00; Moral Damages at Php 50,000.00; Exemplary Damages at Php 20,000; for
liquidated damages in the amount of ten percent (10%) of the entire purchase price which
is TWO MILLION PESOS (Php 2,000,000.00); Php20,000.00 for attorneys fees,
appearance and transportation fee of Php5,000.00 per hearing; and the costs of suit.
Other reliefs, just and equitable in the premises are likewise prayed for.
Pasig City, July 3, 2017.
By:
ARSENIO CRUZ
Roll of Attorney No. 61125
PTR No. 5678
IBP No. 54321
MCLE Compliance No. 09876
2. I have read the foregoing Complaint, the contents of which are true and
correct of my own personal knowledge and based on the records or evidence in our
possession.
3. I have not commenced any action or filed any claim before any court or
tribunal involving the same issues and the same subject matter involved in the
instant Complaint, and I undertake to inform this Court of any such action or
proceeding should I learn of its existence within 5 days.
SUBSCRIBED AND SWORN to before me this 3rd day of July 2017, the affiant
exhibiting to me his Drivers License No. N07-77-023368 issued in Pasig City valid until
September 17, 2018.
JENNY ESGUERRA
Notary Public for Pasig City
Roll of Attorney No. 60128
PTR No. 0987876
IBP No. 354378
MCLE Compliance No. 623457
Doc. No. 12
Page No. 13
Book No. 2
Series of 2017