REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
LAS PIÑAS CITY
BRANCH 201

CHANG HO KIM and

JULIETA M. KIM,
Plaintiffs,

-versus CIVIL CASE NO: LP-19-0072

FOR: CONSIGNMENT with
APPLICATION FOR WRIT OF
PRELIMINARY ATTACHMENT

CHRISTINE G. PUENTES
Defendant,
X------------------------------------X

COMPLAINT

COMES NOW PLAINTIFFS, through the undersigned counsel, and

unto this Honorable Court, most respectfully allege that:

1. Plaintiff Chang Ho Kim, is a Korean citizen, of legal age and is

married to plaintiff Julieta M. Kim, likewise of legal age, and a Filipino
citizen, both having residence address at 413 Aragona St., Citadella
Executive Village, Brgy. Pulanglupa, Las Piñas City, Metro Manila,
Philippines where they may be served with summons and processes of this
Honorable Court;

2. Defendant Christine G. Puentes of legal age, Filipino, and with

last known address at Block 2 Lot 12 Ipil-ipil St., Veraville Homes, San
Antonio Valley 2, Parañaque City, Metro Manila, Philippines;

3. Sometime in December 23, 2013, the parties entered into a

Contract To Sell of a parcel of land located at 413 Aragona St., Citadella
Executive Village, Las Piñas City and covered by Transfer Certificate of
Title No. T-90379, copies of the said documents are attached as Annexes
“A” and “B”, respectively;

4. That pursuant to the said Contract to Sell, herein plaintiffs made

payments on the property. Sometime in 2014, in order to secure their
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interest in the property, plaintiffs tried to have the Contract to Sell dated
December 23, 2013 annotated in Transfer Certificate of Title No. T-90379
but was refused since they could not present the Owner’s Duplicate Copy
of the same, which was in the possession of the plaintiff who was already
abroad. Despite several entreaties to the plaintiff to at least accommodate
them by lending the Owner’s Duplicate Copy of Transfer Certificate of Title
No. T-90379 in order that the Contract to Sell be annotated therein,
defendant ignored such request. This prompted the plaintiff to register an
adverse claim on the property which was annotated in the dorsal portion of
the title as Entry No. 2014004259 dated June 17, 2014, and attached as
Annex “B-1”;

5. That despite defendant’s seeming indifference, herein plaintiffs still

made instalment payments on the property in the total amount of
$140,733.00 in compliance with the Contract to Sell, copy of the proof of
such payments are attached as Annexes “C” in series;

6. That as per Contract to Sell, the last payment due on the property
was $27,459.00 or Php1,215,060.75 to be paid on or before December 26,
2015;

7. Prior to the December 26, 2015, herein plaintiff Julieta contacted

defendant’s mother, Gigi Giron through text purposely to discuss the last
payment on the property and the incidents surrounding the same.
Defendant’s mother replied that defendant will be coming home to the
Philippines from US on January 7 to 25, 2016. Screen shot of the text
exchanges between plaintiff Julieta and defendant’s mother Gigi are
attached as Annexes “D” and “D-1”;

8. Receiving such advise from defendant’s mother, plaintiffs then

postponed their last payment supposedly for December 26, 2015 in order
to wait for the defendant to come back to the Philippines to receive the
balance and execute the needed documents, particularly the Deed of
Absolute Sale of the property, among others, in order to facilitate the
transfer of the property to the plaintiffs;

9. However, on December 28, 2015, defendant’s mother sent a text

message to plaintiff Julieta stating her “conditions” before sale of the
subject property could finally be completed. One of such demands is that
the plaintiffs should shoulder all the taxes and expenses for the transfer of
the title to plaintiffs. This runs counter to what was stipulated in the
Contract to Sell that both parties shall equally share in the taxes and
 3

expenses relative to such transfer of title. Screenshots of such messages

are attached as Annexes “E”;
10. Plaintiff Julieta reminded her that what was agreed upon was
equal sharing of the expenses, to which defendant’s mother replied that
she will just cancel defendant’s trip to the Philippines and just wait for the
plaintiffs until they are ready to pay the transfer expenses and even
suggested that they could make it appear that the selling price is
Php3,000,000.00 pesos instead of the Php7,000,000.00 stipulated in the
Contract to Sell. Screen shots of such messages are attached as Annex “F”
to “F-10”;

11. That on or about March 2016, plaintiffs received a letter from

defendant’s lawyer dated February 21, 2016 claiming that they have failed
to pay for the property and violated the conditions of the Contract to Sell,
and that the property was already being offered to other buyers;

12. That in response thereto, plaintiff Julieta messaged defendant’s

mother where she firmly but respectfully insisted that the Contract to Sell
should be followed. However, defendant or her mother did not even give
the courtesy of a reply. Screenshot of plaintiff’s message dated March 9,
2016 is attached as Annex “G”;

13. Plaintiffs waited on the defendant and her mother but the latter
made no other communication with them. A year after, on April 12, 2017,
plaintiff Julieta sent another message to defendant’s mother following up on
her last message and expressing hope that the matter be settled for their
peace of mind. Screenshot of the said message is attached as Annex “H”;

14. With still no reply from the defendant or her mother, plaintiff
Julieta then sent another message the next day, April 13, 2017, acceding to
the defendant’s mother’s demands. Screenshot of said message is
attached as Annex “I”;

15. Having left without any recourse, plaintiffs sought help from
counsel who sent the defendant a letter dated May 2, 2017 informing her
that the plaintiffs are ready, willing and able to pay the remaining balance of
Php1,215,060.75 due on the property. Said letter was sent to defendant’s
sister’s address. Copy of the said letter dated May 2, 2017 is attached as
Annexe “J” and proof of receipt thereof as Annex “J-1”;

16. Instead of receiving a reply from the defendant, plaintiffs were

served a Final Demand Letter dated May 6, 2017 from defendant stating
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that she was rescinding the Contract to Sell and demanding the plaintiffs
vacate the premises;

17. In answer to such Final Demand Letter, plaintiffs caused to be

sent to defendant’s counsel a reply denying such demands of the
defendant and reiterating the fact that plaintiffs are ready to pay the
balance. Copy of plaintiff’s counsel’s letter dated May 9, 2017 is attached
as Annex “K” and proof service thereof as Annex “K-1”;

18. Neither defendant nor her counsel ever replied to the said
communication. For this reason, plaintiffs caused to be sent to the
defendant a Tender of Payment dated July 7, 2017 Said letter was sent to
defendant’s last known address (Block 2 Lot 12 Ipil-ipil St., Veraville
Homes, San Antonio Valley 2, Parañaque City as appearing in the
Contract to Sell), the address of defendant’s aunt, Conchitina, and that of
her lawyer. Copies of the said Tender of Payment dated July 7, 2017 sent
to the three addresses and their proof of service are attached as Annexes
“L, “L-1”and “M”, “M-1”, as well as “N”, “N-1”, respectively;

19. Despite receipt of such Tender of Payment, defendant still failed

and refused to respond to said tender which constrained the plaintiffs to
send a Final Notice Before Consignment dated August 4, 2017. Copies of
the said document sent to the three addresses and their proof of service
are attached as Annexes “O”, “O-1”and “P”, P-1”, as well as “Q”, “Q-1”,
respectively;

20. Plaintiffs are now intending to pay in full the balance of the
purchase price but could not accomplish the same because the defendant
refused to receive such payment. This is also aside from the fact that
defendant is absent, her whereabouts could not be ascertained, thus,
deliberately making herself scarce from the plaintiffs. As can be seen from
Annexes “L” and “O”, pertaining to the Tender of Payment and Final Notice
before Consignation sent to defendants’ last known address in Block 2 Lot
12 Ipil-ipil St., Veraville Homes, San Antonio Valley 2, Parañaque City,
the same were returned with the annotation “MOVED OUT”;

21. With the defendant’s absence and continued refusal to accept

from the plaintiffs the last installment of the purchase price for the obvious
purpose of preventing the transfer of the subject property to the plaintiffs,
the latter are constrained to institute this action for consignation in
accordance with Article 1256 to 1261 of the Civil Code.
 5

22. Because of defendant’s unlawful act, herein plaintiff was forced to

litigate and thus incurring the amount of Php50,000.00 in attorney’s fees;

23. In order to set an example to others who are similarly inclined to

do the same acts, defendant should be ordered to pay exemplary damages
in the amount of not less than Php 20,000.00

APPLICATION FOR ISSUANCE OF WRIT OF PRELIMINARY

ATTACHMENT

Plaintiff hereby repleads and incorporates by way of reference all the

preceeding allegations as far as they are relevant hereunder, and further
states and avers that:

24. Prior to the instant case, herein plaintiff filed a similar complaint
against defendant Puentes for Consignment and Damages that was
resolved in her favor by the Regional Trial Court of Las Piñas, Branch 275.
However, the same was reversed by the said court on account of lack of
jurisdiction and thus dismissing the case;

25. That considering that herein defendant is not found in the

Philippines, and her whereabouts cannot be determined despite
reasonable diligence or inquiry by the plaintiff, with evidence that she is
residing in the United States, the foregoing case falls under the grounds
enumerated under Section 1 Rule 57 of the Revised Rules of Court,
particularly paragraph (f) thereof which provides:

“Section 1. Grounds upon which attachment may issue.—

at the commencement of the action or at any time before entry
of judgement, a plaintiff or any proper party may have the
property of the adverse party attached as security for the
satisfaction of any judgement that may be recovered in the
following cases:

x x x

(f) In an action against a party who does not

reside and is not found in the Philippines, or
on whom summons may be served by
publication.”
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26. There is no other sufficient security for the satisfaction of plaintiff’s

claim sought to be enforced through this action;

27. It is quite obvious that defendant Puentes is evading her

responsibility under the Contract to Sell and tries to frustrate all legal
remedies that may be taken by the plaintiff against her by conveniently
staying abroad;

28. Plaintiff’s application herein for a writ of preliminary attachment of

the property of defendant Puentes, located at 413 Aragona St., Citadella
Executive Village, Las Piñas City, the subject property of this case, is for
the purpose of converting this personal action for consignment into one that
is quasi in rem, thus allowing the service of summons to defendant Puentes
via Section 15 of Rule 14 of the Revised Rules of Court if only to comply
with notice and due process requirement of the law.

29. That attached as Annex “R” to this Complaint is the required

Affidavit of Merit of the plaintiffs in support of their application for the
issuance of writ of preliminary attachment.

PRAYER

WHEREFORE, it is most respectfully prayed that upon the filing of

this Complaint, an order be issued by this Honorable Court declaring that a
writ of preliminary attachment be issued against defendant’s property
located located at 413 Aragona St., Citadella Executive Village, Las Piñas
City, and thereafter after due hearing, judgement be rendered in favor of
the plaintiff:

a. That after the filing of this complaint an order be made allowing the
consignation of Php1,215,060.75 with the Honorable Court, pendente
lite;

b. To declare as fully paid by the plaintiffs the purchase price of the

subject property covered by Transfer Certificate of Title No.T-90379;

c. Ordering the defendant to pay attorney’s fees in the amount of Php

50,000.00 and exemplary damages in the amount of Php 20,000.00

Other reliefs just and equitable under the premises are likewise
prayed for.
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January 2, 2020, Las Piñas City.

JOHN PATRICK P. LUBATON

Counsel for the Plaintiffs
Roll No. 51301
IBP Lifetime No. 1062614 / June 6, 2017/PPLM
PTR No. 11657519 J/Jan. 03, 2019/LPC
MCLE Compliance No. VI-0008173
Issued on April 23, 2018/Pasig City

JP LUBATON LAW OFFICE

Bldg.22-01,2nd Floor, URCI Commercial Complex
Alabang-Zapote Road, Brgy. Pamplona III
Las Piñas City, Philippines
Tel. No. (02) 401-11-41 / 09194331949
lawbaton@yahoo.com
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REPUBLIC OF THE PHILIPPINES)

CITY OF LAS PIÑAS……….……..) S.S.

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

We, CHANG HO KIM, a Korean citizen and JULIETA M. KIM, a Filipino

citizen, both of legal age, with residence address at 413 Aragona St., Citadella
Executive Village, Brgy. Pulanglupa, Las Piñas City, of legal age, Filipino, with
residence address at 365 Latina St., Citadella Executive Village, Brgy.
Pulanglupa, Las Piñas City, Metro Manila, Philippines, under oath, depose and
state, that:

1. We are the Plaintiffs in the above entitled case;

2. We caused the preparation of the foregoing COMPLAINT for

CONSIGNATION WITH APPLICATION FOR WRIT OF PRELIMINARY
ATTACHMENT against Christine G. Puentes the allegation of which are
true and correct of our own personal knowledge or based on genuine and
authentic records;

3. We have not commenced any other action or proceeding involving the

same issues therein before the Supreme Court, Court of Appeals,
Regional Trial Court or any other tribunal or agencies;

4. To the best of our knowledge, no such action or proceedings is pending in

the Supreme Court, the Court of Appeals, or different Divisions thereof or
any other tribunal or agency;

5. Should we, thereafter, learn that a similar action or proceeding has been
filed or is pending before the Supreme Court, Court of Appeals, Regional
Trial Court or any other tribunal or agency, we undertake to promptly
inform this Honorable Court of such fact within five (5) days from notice
thereof;

IN WITNESS WHEREOF, we hereby affixed our authentic signatures to

this Verification and Certification under oath this ______________________,
here at Las Piñas City.

CHANG HO KIM JULIETA M. KIM

Affiant Affiant

SUBSCRIBED AND SWORN to before me this __________________ in

the City of Las Piñas, Metro Manila, by Julieta M. Kim exhibiting to me her
Driver’s License card with No. N26-12-016657 valid until July 28, 2023 and
Chang Ho Kim with Passport No. M37663112 valid until 24 July 2022, a
competent proof of their identity, hereto attached.
Doc. No. _______;
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Page No. _______;

Book No._______;
Series of 2019.