Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Manila
Branch 123

ANNA THERESA,
Plantiff.

-versus- Case No.

FOR: Replevin
CHARMAINE JAYME
Defendant.
x---------------------------------------------------x

COMPLAINT

COMES NOW Plaintiff Anna Theresa, by and through undersigned counsel, unto
this Honorable Court, most respectfully states that:

1. PLAINTIFF ANNA THERESAis a Filipino, of legal age, with address

located Santa Mesa, Manila, where she may be served with summons,
pleadings, orders, and other court processes at the address of the undersigned
counsel.

2. DEFENDANT CHARMAIN JAYME is a Filipino, of legal age, with

address located in Puerto Princesa, Palawan, where she may be served with
summons, pleadings, orders, and other court process at the address indicated.

3. That in the 1950s, PLAINTIFF ANNA THERESA deceased husband had

bought a 7-carat ring in Harry Winston in Hong Kong for TWO HUNDRED
THOUSAN PESOS (P200,000). 1

4. That on 1950, GRANDFATHER gave the 7-carat ring to PLAINTIFF

ANNA THERESA when he proposed to marry her.

1
Original Receipt from Harry Winston in Hong Kong attached herein as Annex A.
 5. That on 1951, PLAINTIFF ANNA THERESA and GRANDFATHER got
married, as evidenced by a marriage certificate2, and had a son named
FATHER3.

6. That on 1991, after 40 blissful years, PLAINTIFF ANNA THERESA’s

husband died4 and through succession proceedings, PLAINTIFF ANNA
THERESA acquired ownership over the 7-carat diamond ring.

7. Then when PLAINTIFF ANNA THERESA’s son was about to be married,

she passed on to her son the 7-carat diamond ring as a family heirloom
which he used to propose to his then girlfriend and soon-to-be wife, herein
MOTHER, but she retained the ownership of the ring.

8. That a year after the proposal happened, FATHER and MOTHER got
married5 and had a child named JON ALINYO.6

9. That on 2017, MOTHER, with PLAINTIFF ANNA THERESA’s consent,

gave the 7-carat diamond ring heirloom to JON ALINYO to be used as an
engagement ring for when he proposes marriage to DEFENDANT
CHARMAINE JAYME.

10.That DEFENDANT CHARMAIN JAYME accepted JON ALINYO’s

proposal to marriage which resulted to the latter giving him the 7-carat
diamond ring heirloom.

11.That on March 2018, DEFENDANT CHARMAINE JAYME called JON

ALINYO and called off the wedding.

12.That soon after, JON ALINYO asked for the return of the 7-carat diamond
ring which DEFENDANT CHARMAINE JAYME refused to give back.

13.That DEFENDANT CHARMAINE JAYME has no legal right to retain

physical possession the 7-carat diamond ring because legal ownership
thereof lies with PLAINTIFF ANNA THERESA.

2
Original Copy of the Marriage Certificate of Anna Theresa and LOLO is attached herein as Annex B.
3
Original Copy of the Birth Certificate of SON herein attached as Annex C.
4
Original Copy of the Death Certificate herein attached as Annex D.
5
Original Copy of the Marriage Certificate herein attached as Annex E.
6
Original Copy of the Birth Certificate of JON ALINYO herein attached as Annex F.
 14.That the 7-carat ring as currently has a value of EIGHTEEN MILLION
PESOS (P18,000,000) as evidenced by an appraisal certificate.7

15.That the property has not been distrained or taken for a tax assessment or a
fine pursuant to law, seized under a writ of execution or preliminary
attachment, or otherwise placed under custodial legis, or if so seized, that it
is exempt from such seizure or custody.

16.That PLAINTIFF ANNA THERESA is ready and willing to give bond

executed to the defendant in double the value of the property for the return
of the property to the defendant should be adjudged, or for the payment of
such sum that defendant may recover from plaintiff in the action.

WHEREFORE, in view of the foregoing, it is respectfully prayed by PLAINTIFF

ANNA THERESA that the Honorable Court:

1. The sheriff or other proper officer be ordered to take possession of the car
and dispose of it in accordance with the Rules of Court;
2. After hearing, judgment be rendered declaring that plaintiff is entitled to the
possession of the 7-CARAT DIAMOND RING or, should this prove
unavailing, sentencing the defendant to pay the equivalent value thereof.

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

Manila, April 12, 2019.

ATTY.
ABC Building, Manila
IBP No. 12345; 1/2/2019; Manila
PTR No. 67891; 3/4/2019; Manila
Roll of Attorneys No. 12345

7
Original Copy of the appraisal certificate herein attached as Annex G.
 VERIFICATION AND
CERTIFICATION AGAINST FORUM SHOPPING
I, ANNA THERESA, Filipino, of legal age, with address at Santa Mesa, Manila,
after having been sworn in accordance with law, hereby depose and state:

1. I am the Plaintiff in this case.

2. I have caused the preparation of the foregoing Complaint, and have

read the Complaint and the allegations contained therein are true and correct of my
personal knowledge or based on authentic records.

3. I further certify that I have not filed a case before any court, forum, or
tribunal involving the same cause of action or parties. Should I thereafter discover
that one exists, I undertake to inform this Honorable Court of the same within five
(5) days from discovery thereof.

IN WITNESS WHEREOF, I have affixed my signature this _____ day of

_________________________ in _______________, Philippines.

ANNA THERESA
Affiant

SUBSCRIBED AND SWORN TO before me on this ___ day of

______________________, affiant exhibiting to me her Senior Citizen card No.
ABC 456 issued on December 2000 by City of Santa Mesa, through which I was
able to verify his identity.

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2019.

ATTY.
ABC Building, Manila
IBP No. 12345; 1/2/2019; Manila
PTR No. 67891; 3/4/2019; Manila
Roll of Attorneys No. 12345