REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

Regional Trial Court, Branch ____
Pasay City

MELCHOR D. MEDINA,
Plaintiff,

-versus- Civil Case No. ____

For: Specific Performance

ADAM S. APOL,
Defendant.

x---------------------x

COMPLAINT

Plaintiff, thru counsel, respectfully states that:

1. Plaintiff Melchor D. Medina is a Filipino, of legal age, married, and a resident

of 526 Donada St., Pasay City. Summons and other court processes may be served on the
Plaintiff's counsel;

2. Defendant Adam S. Apol is a Filipino, of legal age, married, and a resident of

22 Malate St., Manila City;

3. On 5 November 2018, Defendant offered to sell to the Plaintiff his black

Samsung Galaxy S10 mobile device, which the Defendant bought from a Samsung store
a year ago;

4. On 15 November 2018, Plaintiff informed the Defendant of his interest to buy

the said mobile device;

5. On 22 November 2018, Plaintiff and Defendant reached a perfected oral

agreement on the price of the mobile device to the amount of TWENTY THOUSAND
PESOS (Php 20,000). The parties agreed that the subject mobile device will be delivered
to the Plaintiff upon full payment of the purchase price on or before November 30, 2018;

6. On 25 November 2018, Plaintiff went to Defendant’s residence and paid to

him personally the full amount of the purchase price of TWENTY THOUSAND PESOS
(Php 20,000). They then executed a Deed of Absolute Sale in which the Defendant has
agreed to convey, transfer, and sell said mobile device to the Plaintiff for the same
amount. A copy of the receipt signed by the Defendant is herein attached as Annex "A".
A copy of the Deed of Absolute Sale is herein attached as Annex "B";

7. On the same day, Plaintiff and Defendant agreed that the subject device will be
delivered on 6 December 2018 at the Plaintiff’s residence;

8. However, on 6 December 2018, the Defendant failed to deliver the subject

device to the Plaintiff, alleging that it was in the repair shop. As such, the parties agreed
that the Defendant will deliver the car on 15 December 2018 instead;

9. On 15 December 2018, the Defendant still failed to comply with his

undertaking without giving any explanation to the Plaintiff;

10. On 16 December 2018, the Plaintiff sent a demand letter to the Defendant,
asking him to deliver the subject mobile device. Still, the Defendant failed to deliver it.
A copy of the Demand Letter is herein attached as Annex "C";

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 11. By reason of Defendant’s unjustified failure to deliver the mobile device
despite demands, Plaintiff was constrained to engage the services of counsel for a fee of
TEN THOUSAND PESOS (Php10,000.00); and,

12. Under Art. 1165 of the Civil Code, when what is to be delivered is a
determinate thing, the creditor, in addition to the right granted him by Art. 1170, may
compel the debtor to make the delivery.

PRAYER

WHEREFORE, premises considered, Plaintiff respectfully prays before this

Honorable Court that after hearing:

1. The Defendant be ordered to deliver to Plaintiff the subject mobile device; and,

2. The Defendant be ordered to pay attorney's fees amounting to TEN

THOUSAND PESOS (Php 10,000).

Other reliefs just and equitable are likewise prayed for.

20 December 2018, Pasay City.

(sgd.)
Atty. MATIAS MUNOZ
Counsel for Plaintiff
Address:
Phone Number:
E-mail Address:
Roll No:
IBP:
PTR:
MCLE:

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, MELCHOR D. MEDINA, Filipino, of legal age, married, and a resident of 526

Donada St., Pasay City, respectfully states that:

1. I am the plaintiff in the above case;

2. I have read the pleading, and the allegations therein are true and correct, of my
own personal knowledge and beliefs, and are based on authentic records;

3. I have not commenced any action or filed any claim involving the same issues
in any court, tribunal, or quasi-judicial agency, and to the best of my knowledge, no such
other action or claim is pending therein; and,

4. If I should learn thereafter that the same or similar action or claim has been
filed or is pending, I shall report that fact within 5 days therefrom to the court where this
complaint has been filed.

(sgd.)
MELCHOR D. MEDINA
Affiant

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 SUBSCRIBED AND SWORN to before me, the affiant MELCHOR D. MEDINA
exhibiting to me his government-issued Driver’s License No. _____ issued on _____ at
______, and with expiration date on _____, as competent evidence of his identity.

20 December 2018, Pasay City.

NOTARY PUBLIC
Commission Serial No:
Until 31 December ___
Roll:
IBP:
PTR:
MCLE:

Doc. ___
Page ___
Book ___
Series of ____