Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region, Branch 52
Davao City

HERA BARETTO CIVIL CASE No. 13579

Plaintiff
-versus-
ZEUS CRUZ For: RECEIVERSHIP
Defendant,

Plaintiff, by counsel and to this

Honorable Court, respectfully states
that:

1. Plaintiff, HERA BARETTO, is of legal age, Filipino citizen, single, with

residence and postal address at 333 Brgy. Tigatto, Davao City;

2. Defendant, ZEUS CRUZ, is of legal age, Filipino citizen, single,

with residence and postal address at 232 Brgy. Buhangin, Kaimito,
Davao City, where he may be served with summons and other court
processes;

3.That plaintiff is the owner as the pro-indiviso owner with the

defendant a property in litigation located in Brgy. Lunas, Davao City,
Philippines which has a fair market value of One Million Pesos
(P1,000,000.00);

4. That the defendant is in actual possession of the property in litigation and

as such, he is in control of the produce of the property pending litigation;

5. That the produce and income from said property are in danger of
being lost, removed or materially injured unless a receiver be
appointed to guard and preserve the same;

6. That the defendant is hopelessly insolvent for he is heavily indebted to

various persons;

7. That petitioner is willing and ready to file a bond in the amount which
this Honorable Court may fix in favor of the defendant against whom this
receivership is presented to the effect that he, the plaintiff to the defendant
all damages which he will sustain by reason of the appointment
of the receiver in case the plaintiff shall have procured such appointment
without sufficient cause, and such other bonds which this Honorable
Court may require him to file hereafter, as security for such damage.
 PRAYER

WHEREFORE, plaintiff prays that:

1. An order be issued appointing a receiver;

2. After hearing, a judgment be rendered declaring that plaintiff

is entitled to the property and its proceeds, and sentencing the
defendant to pay the amount of the income from the property
he is entitled to receive plus liquidated damages, penalties,
and interest until fully paid;

3. In either case, to order herein defendant to pay the plaintiff the

sum of One Hundred Thousand Pesos (P100,000.00) as Attorney’s
Fees, and to reimburse the plaintiff the expenses for bond,
litigation expenses as may be proved during the trial, and other
expenses and cost suit;

Other reliefs just and equitable under the circumstances are likewise
prayed for.

Respectfully submitted on _______________, Davao City.

ATTY. SHIRLEY KRIS M. ROMBLON

Counsel for Petitioner
Roll of Attorneys No. 71295
PTR No. 1218540C,1/9/2019, Davao City
IBP No. 101195, 1/4/2019, Davao City
MCLE Compliance No. VII-010293; 4-15-19
Valid until April 14, 2022
San Pedro St., Davao City
VERIFICATION AND CERTIFICATION OF NON FORUM SHOPPING

I, HERA BARETTO, of legal age, after having been duly

sworn in accordance with law, depose and state that:

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated

therein are true and correct of my personal knowledge
and/or on the basis of copies of documents and records in
my possession;

4. I have not commenced any other action or proceeding

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

5. To the best of my knowledge and belief, no such action

 or proceeding is pending in the Supreme Court, the Court
of Appeals, or any other tribunal or agency;

6. If I should thereafter learn that 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 undertake to report that fact within
five (5) days therefrom to this Honorable Court.

HERA BARETTO (Sgd)

Affiant

SUBSCRIBED AND SWORN to before me this day of ___________

at Davao City, Philippines affiant exhibiting to me his Community Tax
Certificate No. 575757 issued on November 15 2018 at Davao City,
Philippines.

Doc. No. ;
Page No. ;
Book No. ;
Series of 2020