Republic of the Philippines

REGIONAL TRIAL COURT

11TH JUDICIAL REGION
Branch 10
Davao City

PORCO ROSSO COMPANY

Plaintiff,

- versus - Civil Case No.: 190132

Petition For Interpleader

BEYONCE B. BARTOLABA and

BELLADONNA B. BARTOLABA
Defendants.
x---------------------------x

COMPLAINT

PLAINTIFF, through undersigned counsel and to this Honorable Court,

respectfully alleges:
PARTIES

1. Plaintiff is a corporation duly organized and existing under the laws

of the Philippines, with principal office at Door #4 , Woodlane Commercial
Complex, Diversion Road, Brgy. Ma-a, Davao City; it is represented herein
by its president, PAVLINO P. PORCO;

2. Defendants are BEYONCE B. BARTOLABA and BELLADONNA B.

BARTOLABA are both of legal age and both residing at #47 Jul, where they
may be served with summons and other legal processes;

STATEMENT OF FACTS

2. On the 25th day of September 2019, BEYONCE B. BARTOLABA

subscribed to 5,000 shares of stock of plaintiff, with par value of P1,000.00
per share, and accordingly, she was issued a certificate of stock No. 100,
which, upon her request, was in blank, she explained that a blank certificate
would be easy to negotiate and transfer;

3. On or about 30th of September 2019, a certain BELLADONNA B.

BARTOLABA called on plaintiff’s corporate secretary, presenting and leaving

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to the corporate secretary Stock Certificate No. 100 in which her name was
already written therein and which she claimed was endorsed to her by
BEYONCE B. BARTOLABA, and asking that said certificate of stock be
cancelled and a new certificate issued to her. But before the corporate
secretary could effect the transfer, BELLADONNA submitted an affidavit
claiming that her Stock Certificate No. 100 was lost and asking that the
same be cancelled and a new replacement be issued to him;

4) Plaintiff, who claims no interest whatsoever in the subject matter

of this action, cannot determine the veracity of the conflicting claims of the
defendants;

5) Confronted with the conflicting claims of ownership of said shares

of stock, plaintiff held in abeyance action of their respective claims and
demanded of defendants BEYONCE B. BARTOLABA and BELLADONNA B.
BARTOLABA to interplead and litigate their respective claims, but they
refused and continue to so refuse;

6) Plaintiff was thus constrained to file the instant complaint in

interpleader and to incur expenses of litigation, including attorney’s fees, in
the amount of FIFTY THOUSAND PESOS (P50,000.00) which should be
assessed equally between the defendants.

PRAYER

WHEREFORE, it is mostly respectfully prayed unto this Honorable

Court the following:

a) To issue an order summoning the defendants to interplead

with one another in order to determine their respective rights
and claims; and

b) To allow plaintiff to recover his expenses of litigation and

attorney’s fees in the amount of P600,000, plus costs and
other fees, to be assessed against them equally, to be charged
as first lien upon the subject matter of this action.

c) Other reliefs just and equitable are likewise prayed for.

RESPECTFULLY SUBMITTED.

DONE. 30TH day of January 2020. Davao City, Philippines

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 (sgd)
PAVLINO P. PORCO
Petitioner

(sgd.)
ATTY. JACOBO J. JUMAW
Counsel
Roll No. 54321/January 5, 2020
IBP Lifetime No. 09190
PTR No. 1276543, issued on May 05, 2019 at Davao City
MCLE No. IV-004222, issued on April 10, 2019 at Davao City
#60 Magallanes Street, Davao City

REPUBLIC OF THE PHILIPPINES)

CITY OF DAVAO ) S.S.
x----------------------------------------------x

VERIFICATION AND CERITIFICATION

I, PAVLINO P, PORCO, of legal age, Filipino citizen, and resident of

#32 NHA Subdivision, Brgy. Ma-a, Davao City, under oath, depose and state:

1. That I am President of PORCO ROSSO COMPANY, the plaintiff in

the above-mentioned case and I am the representative in behalf
of the plaintiff;

2. That I have caused the preparation of this Petition;

3. That I have read and understood its contents and affirm that they
are true and correct to my personal knowledge and based on
authentic records; and

4. That I hereby certify that there is no other case or special

proceeding commenced or pending before any court involving the
same parties and the same issue and that should we learn of such
a case or special proceeding, we shall notify the court within five
(5) days from our notice.

IN WITNESS WHEREOF, we have signed this instrument on the 29th

day of January 2020, in the City of Davao, Philippines.

(sgd)
PAVLINO P. PORCO
Affiant

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 SUBSCRIBED AND SWORN TO before me this 29th day of January
2020 a certain PAVLINO P. PORCO exhibiting to me his PRC License No.
17332 and issued on May 6, 2018 and issued at Davao City, Philippines

(sgd)

Doc. No. 60;

Page No. 13;
Book No. 1;
Series of 2020