Legal Forms Exercise

April 13, 2021

INSTRUCTIONS

Please draft the Complaint stated in the problem below.

The Complaints you will be drafting should comply with the Efficient Use of Paper
Rule and should contain all that should be included in an initiatory pleading. Your
Complaints must look like it is ready to be filed in Court.

Don’t forget to state the ultimate and relevant facts and the citation of applicable
laws. Please also include the relevant Exhibits in the body of the complaint.

You are free to supply minor details not stated in the problem.

Mr. Henry Ching and Mr. Alberto Ang are golf buddies. In one of their games, they
got to talking about Mr. Ching’s property in Makati which he has been wanting
to sell to pay off his outstanding debts. Because Mr. Ang wanted to help out his
golf buddy, and also because he saw that this was a good opportunity, he
offered to purchase the property consisting of a 10-floor office building and the
lot on which it is constructed consisting of 500sqm.

On January 1, 2018, they entered into a Contract to Sell, by which Mr. Ang
promised to purchase the property for P45M, payable as follows:
• Down Payment of P20M via Manager’s Check dated the day of the
Contract to Sell
• The balance of P25M in five (5) quarterly installments of P5M each,
beginning April 1, 2018, paid through post-dated checks

Upon full payment of the subject property on July 1, 2019, Mr. Ching promised to
execute a Deed of Absolute Sale, transferring all his interests in the subject
property to Mr. Ang. They also agreed that Mr. Ching only has one (1) month from
the execution of Deed of Absolute Sale to fully vacate the property.

Mr. Ang paid in full the purchase price. The parties also executed the Deed of
Absolute Sale dated July 1, 2019. However, Mr. Ching was not able to turn over
the title to the property because he forgot to bring it.

By September 1, 2019, Mr. Ching still has not vacated the property and has not
turned over the title to the subject property. Hence, Mr. Ang, with the help of his
lawyer, sent a Demand Letter for Mr. Ching to vacate the premises and to turn
over the title, dated October 1, 2019.
Legal Forms Exercise
April 13, 2021

Seeing as Mr. Ching has not vacated, and has no plans of vacating the subject
property, nor has he communicated with Mr. Ang regarding the turnover of the
title, Mr. Ang filed a complaint for Specific Performance and Damages with the
Regional Trial Court of Makati City.