Professional Documents
Culture Documents
ESTANIA D. MARRERO,
Defendant.
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COMPLAINT
COMES NOW, the Plaintiff by the undersigned counsel unto the Honorable
Court respectfully alleges;
1. That Plaintiff is of legal age, married, Filipino citizen and a resident of Tetuan,
Zamboanga City where he may be served with summons and other court
processes;
3. That on December 01, 2014 the herein Defendant posted online through social
media, in http://www.facebook.com specifically, that he was selling his car, a
2011 model Honda Jazz, subject to negotiations.
Attached herewith is the photo copy of the post by the Defendant marked as
Annex “A”;
4. That herein Plaintiff communicated with the Defendant through the said social
media site his interest to buy the car. And on the same day, Plaintiff and
Defendant reached a perfected consensual agreement on the price of the car to the
amount of FIVE HUNDRED THOUSAND (Php500,000) PESOS and apart from
the price, that the payment and delivery of the car would be on December 05,
2014 at the Grand Hotel located at Cagayana de Oro City.
Attached herewith is the photo copy of the agreement marked as Annex “B”;
5. That on December 05, 2014 when the Plaintiff went to Cagayan to conclude the
sale, the Defendant, despite repeated demands and tender of payment through a
cellular phone by the Plaintiff, did not show up on the agreed location nor did he
communicate with the Plaintiff during the Plaintiff’s stay;
6. That as of to the date of filing this complaint, the Plaintiff has yet to receive any
word nor the object of the sale from the Defendant.
7. That by reason of the agreement, Plaintiff had to close his business in Zamboanga
City during his two day stay in Cagayan de Oro City and was not able to realize
profits from it.
PRAYER
1. To compel the Defendant to forego with the sale, deliver the car and accept
the payment;
Other relief and remedies that are just and equitable under the premises are
likewise prayed for.
I, SAM SUNG , of legal age, married, Filipino and the plaintiff in the above
entitled case, after being duly sworn to in accordance with law do hereby depose and say;
2. That I caused the preparation of the complaint and I read the allegations
contained therein and understood each of them to be true and correct of my
own personal knowledge and beliefs and based on authentic documents.
3. That I further certify that I have not commenced any action or proceeding
involving the same issues in the Supreme Court, the Court of Appeals or
different divisions thereof, or any court, tribunal or agency.
Sam Sung
Plaintiff