REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

7th Judicial Region
Branch 50
Cebu City

PSBANK,
Plaintiff,

-versus- Civil Case No. CEB 1234

For: Replevin/ Recovery of
Personal Property
JUAN VILLORDON
Defendant.
x--------------------/

COMPLAINT

PLAINTIFF, by counsel and unto this Honorable

Court, most respectfully alleges:

1. Plaintiff is a domestic bank corporation duly

organized and existing under Philippine laws with
principal office at N. Bacalso Ave. Cebu City,
Philippines. For purposes of this action,
plaintiff may be served with all orders, notices
and other processes through the office address of
its undersigned counsel;

2. Defendant Mr. Juan Villordon is of legal age,

Filipino and may be served with summons, orders
and other processes of this Honorable Court at
(his/her) last known address at 111 Tres De Abril,
Labangon, Cebu City, Philippines;

3.On December 20, 2016, Defendant Villordon

purchased a brand new Honda City 1.5 MT from Honda
Cars Mandaue. The transaction was covered by a
Purchase Agreement whereby Defendant undertook to
make a downpayment of P200,000 of the total
purchase price of P820,000. Defendant then applied
for an auto loan with the Plaintiff PSBANK to pay
the balance of P620,000. That upon approval of the
loan, Defendant Villordon executed a Promissory
Note on January 03, 2017, in favor of PSBANK
covering the amount of the loan plus P250,000 as
interest and finance charges, in the total amount
of P870,000.
4. Defendant undertook to pay the loan in monthly
installments of P14,333.33, payable on the 5th day
of each month starting on March 05, 2017 to
February 05, 2022, at 22.10% annual interest. The
spouses Rosario also agreed that, in case of
default, the payment of the outstanding sum with
interest shall immediately become due and payable.
To secure the payment of the loan, they executed,
on the same day, a Chattel Mortgage in favor of
PSBANK over the Honda City 1.5MT described below,
a copy of which is hereto attached as Annex "B"
and made integral part hereof:

Make : Honda
Motor No. : 123456
Series : 2017
Chassis No. : 1HGBH41JXMN109186
Type of Body : Compact
Plate No. : SJS-888
CR No. : 159409515
MVRR No. : 3450126-1

5. That the above-described motor vehicle is

presently in the possession of the Defendant or
his agents, representatives or persons acting in
their behalf, and are unlawfully, maliciously and
wrongfully detaining it;

6. Defendant Villordon defaulted in complying with

the terms and conditions of the said Promissory
Note and Chattel Mortgage (Annexes "A" and "B") by
failing to pay (his/her) instalments due since July
05, 2017 for this reason, plaintiff demanded from
said Defendant the payment of (his/her)
outstanding account but Defendant still failed and
refused to do so. Copy of Plaintiff's demand letter
dated November 05, 2017 is hereto attached as Annex
"C" and made an integral part hereof;

7. Thus, pursuant to the provisions of the Chattel

Mortgage, plaintiff initiated a Petition for
Extra-Judicial Foreclosure of Chattel Mortgage
under Act 1508 with the Office of the
(City/Provincial) Sheriff of Cebu, a copy of which
is attached hereto as Annex "D" and made an
integral part hereof;

8. Despite the foreclosure however, and despite

 notice and demand to the Defendant Villordon to
surrender the subject motor vehicle subject for
foreclosure, Defendant failed and continued to
fail to surrender the same without any legal or
justifiable cause. A copy of the said demand
letter dated January 10, 2018 is hereto attached
as Annex "E";

9. By virtue of the unjustifiable failure and refusal

of the Defendant to turn-over the possession of
the subject chattel / motor vehicle for purposes
of foreclosure, plaintiff was constrained to
institute the instant action and secure the
services of the undersigned counsel for attorney's
fees equivalent to P130,500 (15%) percent of the
total amount due and outstanding on the Promissory
Note and Chattel Mortgage, liquidated damages and
expenses incurred in relation with the manual
delivery of the above-described motor vehicle,
including the expenses for the payment of the
premium on the replevin bond filed in support of
the prayer for the issuance of a warrant for the
seizure thereof;

11. Plaintiff is entitled to the immediate

possession of the mortgaged motor vehicle
described above, which Defendants are wrongfully
detaining for the purpose of defeating plaintiff's
mortgage lien thereon;

12. That the property has not been distrained or

taken for a tax assessment or a fine pursuant to
law, or seized under a writ of executed or
preliminary attachment, or otherwise placed under
custodia legis, or if so seized, that it is exempt
from such seizure or custody;

13. That the estimated actual market value of the

said motor vehicle is P700,000.

14. Plaintiff is ready, willing and able to put up

a good and solvent bond of double the actual market
value of the above-described motor vehicle
conditioned on the return of the same to the
Defendants if such return be adjudged, and for
payment of such sum as they may recover from the
plaintiff in the instant action.
 PRAYER

WHEREFORE, it is most respectfully prayed of

this Honorable Court:

a) To forthwith issue a Writ of Replevin for the

immediate seizure and recovery of possession of
the afore-described chattel / motor vehicle,
complete with all its accessories and equipment,
together with the Registration Certificate
thereof, with authority to break open and enter
any premises where the same may be found and to
direct the manual delivery thereof to the
plaintiff in accordance with law for purposes of
foreclosure, and after due hearing, to confirm
the said seizure and delivery to plaintiff;

b) Or, in the event that manual delivery of the

said motor vehicle cannot be effected, to render
judgment in favor of the plaintiff against the
Defendants, ordering them to pay plaintiff
jointly and severally the principal sum of
P870,000, plus liquidated damages, penalties,
and interests until fully paid;

c) In either case, to order Defendants to pay

Plaintiff the sum of P130,500 (15%) percent of
the total amount due as Attorney's Fees, and to
reimburse plaintiff its expenses for getting a
replevin bond, litigation expenses as may be
proved during trial, and other expenses incurred
in the seizure of the said motor vehicle, and
the cost of suit.

Other relief as may be deemed just and equitable

in the premises are likewise prayed for.

Respectfully Submitted.

Cebu City, Philippines, April 24, 2018.

SOON AND DIONALDO LAW OFFICES

Counsel for the Plaintiff
Governor M. Cuenco Ave.,
Banilad, Cebu City
Tel. No. 032-4567890
 By:

SANDRA JANE N. SOON

PET No. 12387654/January 03, 2018/Cebu Province
IBP No. 3214567/December 15, 2017/Cebu City
Roll No. 54764

MCLE Compliance No. V-0007865, 02/01/16

 VERIFICATION / CERTIFICATION

AND AFFIDAVIT OF MERIT

I, JAVIER A. BALCE, of legal age, Filipino,

(single / married / widow), and a resident of
Banilad, Cebu City, Philippines, after being sworn
to in accordance with law, depose and state:

1. That I am the Manager of PSBANK, the plaintiff in

the above-captioned case which is for replevin /
recovery of possession of the following motor
vehicle:
Make : Honda
Motor No. : 123456
Series : 2017
Chassis No. : 1HGBH41JXMN109186
Type of Body : Compact
Plate No. : SJS-888
CR No. : 159409515
MVRR No. : 3450126-1

2. That the Plaintiff is the mortgagee of the above-

described motor vehicle and is entitled to the
immediate possession thereof for purposes of
foreclosure of the Chattel Mortgage on the said
motor vehicle;
3. That the above-described motor vehicle is
presently in the possession of the Defendant Mr.
Villordon or his agents, representatives or
persons acting in their behalf, and are unlawfully,
maliciously and wrongfully detaining it;
4. That the above-described motor vehicle has an
estimated actual market value of P700,000;
5. That the said motor vehicle has not been distrained
or taken for a tax assessment or a fine pursuant
to law, or seized under a writ of execution or
preliminary attachment, or otherwise placed under
custodia legis, or if so seized, that it is exempt
from such seizure or custody;
6. That the plaintiff is ready, willing and able to
put up a good and sufficient bond of double the
 actual market value of said motor vehicle
conditioned on the return thereof to the Defendants
if such return be adjudged, and for payment of such
sum as they may recover from the plaintiff in the
instant action;
7. That I have caused the preparation of the foregoing
Complaint; that I have read the allegations
contained therein and I know the contents thereof.
The allegations contained herein are true and
correct based on my own personal knowledge and based
on authentic records at hand;
8. That I further certify that: (a) I and the plaintiff
PSBANK have not theretofore commenced any other
action or proceeding involving the same matter in
the Supreme Court, the Court of Appeals, or any
other tribunal or agency; (b) to the best of my
knowledge, no such action or proceeding is pending
in the Supreme Court, the Court of Appeals, or any
other tribunal or agency; and (c) if a similar
action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals, or
any other tribunal or agency, I and the corporation
undertake to report such fact within five (5) days
therefrom to the court or agency wherein the
original pleading and sworn certification
contemplated herein have been filed.
IN WITNESS WHEREOF, I have hereunto set my hand
this 24th day of April 2018 at Cebu City, Philippines.

JAVIER A. BALCE

AFFIANT

SUBSCRIBED AND SWORN to before me this 24th day of April 2018

at Cebu City, Philippines, affiant exhibiting to me his Community Tax
Certificate No. 564-89892 issued on March 30, 2018 at Banilad, Cebu
City.

Doc. No. ;
Page No. ;
Book No. ;
Series of 2018.