1

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
QUEZON CITY, BRANCH 220

THE REAL BANK (A THRIFT

BANK), INC.,
Plaintiff.

- versus - CIVIL CASE NO. R-QZN-15-08386-CV

ENRICO T. VELASCO and JOHN DOE,

Defendants.
x-----------------------------------------------x

ORDER

This refers to the Petition for Recovery of Possession of Personal Property

with Application for Writ of Replevin and/or Collection of Sum of Money with
Damages filed by the plaintiff, The Real Bank, against defendants, Enrico T.
Velasco and John Doe.

In support of the application, plaintiff presented ex-parte the testimony of

Ms. Jo Ann R. Dela Cruz, former Assistant Vice President and Head of Account
Management Department of The Real Bank (A Thrift Bank), and at present, the
Head of Loans and Collection Group of the said bank, after the purchase of certain
assets and assumption of liability of the bank by BDO, as well as, documentary
Exhibits “A” to “H” with their submarkings.

The witness, Janno G. Manaois, testified that the plaintiff is the owner of a
Toyota Yaris with Plate No. ZRW 787, the automobile which is the subject of the
present application for the issuance of a writ of replevin as evidenced by the Deed
of Absolute Sale dated March 9, 2012 (Exhibit “A”) evidencing the transfer of
ownership of the subject vehicle to the plaintiff. The witness further presented and
identified the Certificate of Registration No. 8847667-3 dated June 6, 2009
(Exhibit “B”) and the Official Receipt dated July 24, 2015 (Exhibit “C”) to prove
the identity of the subject vehicle and that it is duly registered with the LTO.

It appears that on April 22, 2014, the plaintiff, through Toyota

Commonwealth, Inc. (TCM), agreed to allow the defendant, Franco Lino V.
Claridad, temporary use of the subject vehicle as a service vehicle for the period of
April 23, 2014 until April 30, 2014 while the defendant’s own vehicle, a Toyota
Vios 1.3 G A/T with Plate No. UGQ 440, was being evaluated by TCM due to
alleged fire hazard concerns as evidenced by the Letter dated April 22, 2014
(Exhibit “D”). The plaintiff
 2

When the defendant failed to return the subject vehicle, the plaintiff
demanded for the return of the same in its Letter dated April 24, 2015 (Exhibit
“E”), but despite such lawful demand, the defendant, Franco Lino V. Claridad, has
obstinately refused to return the subject vehicle to its rightful owner, the plaintiff.
In fact, the defendant executed a Waiver (Exhibit “F”) and agreed to be liable for
any breakage or damage to the service vehicle while in his possession, inclusive of
consequential damages, and that the defendant takes full responsibility and frees
the plaintiff from any liabilities, expenses or damages, personal injury and damage
to property that my result from any untoward incident that may arise during the test
or transport of the subject vehicle. The defendant continues to be in unlawful
possession of the said vehicle since May 2014, to the material damage and
detriment of the plaintiff. The defendant also submitted a photocopy of his
identification card (Exhibit “G”) to prove that the signature of the defendant
appearing on the waiver is his own signature.

Further, the plaintiff’s witness, Janno G. Manaois, testified that an Affidavit

of Merit dated August 21, 2015 (Exhibit “H”) was executed by Josephine C.
Villanueva, Vice-President for Customer Relations of Toyota Motor Philippines
Corporation, to prove that the defendant was allowed to temporarily used the
subject vehicle until April 30, 2014 as a service vehicle for his personal use while
own vehicle (Toyota Vios 3.5G A/T with Plate No. UGQ 440) was being evaluated
by TCM due to alleged fire hazard concerns; that the authority granted to the
Defendant to use the subject vehicle expired as of May 1, 2014; that the subject
vehicle has not been distrained or taken for a tax assessment or a fine pursuant to
law, or seized under a writ of execution or preliminary attachment, or otherwise
placed under custodia legis; that the actual market value of the subject vehicle is
Four Hundred Thousand Pesos (Php400,000.00).

Hence, the instant Complaint for replevin.

WHEREFORE, finding the application for Writ of Replevin to be sufficient

in form and in substance, let a Writ of Replevin be issued against the defendant,
more particularly described as follows:

Make/Model: Toyota Yaris 1.5G M/T with Plate No.

Color: White
Chassis No.: MR054HY9104037935
Plate No.: ZRW 787

The plaintiff, Toyota Motor Philippines Corporation, shall give a bond in the
amount of Eight Hundred Thousand Pesos (Php800,000.00), double the value of
the subject vehicle as stated above, executed to the defendant, Franco Lino V.
Claridad, for the return of the subject vehicle if such return be adjudged, and for
the payment to Mr. Claridad of such sum as he may recover from the
applicant/plaintiff in the abovementioned action for replevin.

Furnish only the plaintiff and its counsel with a copy of this Order.
 3

SO ORDERED.

Quezon City, Philippines, November 12, 2015.

JOSE G. PANEDA
Judge

JGP/rcdm