Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Makati City, Branch

HOME, INC.
Plaintiff,

-versus- Civil Case No.

For: Recovery of
Possession of
Personal Property &
Damages

JUAN DELA CRUZ,

Defendant.
x x

COMPLAINT

COMES NOW Plaintiff, HOME, INC., by and through

undersigned counsel, unto this Honorable Court, most
respectfully states that:

1. Plaintiff Home, Inc. (hereinafter referred to as

“Plaintiff Corporation” for brevity) is a corporation duly
organized and existing under the laws of the Philippines with
office address at , Makati City. Plaintiff
Corporation may be served with summons and other court
processes at the address of the undersigned counsel.

2. Defendant Juan dela Cruz (hereinafter referred to as

“Defendant Juan” for brevity) is of legal age, and with address
at , Makati City, where he may
be served with summons and other court processes.
managed the technical aspect of the business, i.e., ensuring
the quality of the color separation of the books, and acted as
co-publisher, assisting in book acquisitions of Plaintiff
Corporation.

5. On 15 April 2004, Plaintiff Corporation held its

annual stockholder’s meeting. Immediately thereafter, the
Plaintiff Corporation’s organizational meeting was held
wherein the following persons were duly elected as the officers
of Plaintiff Corporation: Ms. Juanita Juan as Chairman of the
Board and President; Ms. Ma. Teresa Santos Tan as Treasurer;
and Mr. Roberto R. Santos as Corporate Secretary. Marked
and attached herewith, to form an integral part hereof, is a
copy of the minutes of the organizational meeting of Plaintiff
Corporation, as Annex “A”, and a copy of Plaintiff
Corporation’s latest General Information Sheet filed with the
Securities and Exchange Commission (SEC) reflecting the
election of the new set of officers, as Annex “B”.

6. After having been informed of the election of the

Plaintiff Corporation’s new set of officers, Defendant Juan
obstinately refused to acknowledge the authority of the new
set of officers and stubbornly continued to act as an officer of
Plaintiff Corporation despite his utter lack of authority.

7. To make matters worse, Defendant Juan engaged

the services of a security agency and placed a security guard
at the Plaintiff Corporation’s business premises to bar and
prevent the current officers of Plaintiff Corporation from
entering its premises. In other words, Defendant Juan
fraudulently took possession and control of Plaintiff
Corporation’s business premises, including its warehouse,
where its entire business consisting of publishing equipment,
records, books, flats, negatives, plates, materials, etc., can be
found.

8. After less than a month, Plaintiff Corporation

discovered that Defendant Juan, in an obvious intent to
clearly vex and annoy Plaintiff Corporation’s new set of officers
and to virtually paralyze Plaintiff Corporation’s business, had
secretly and surreptitiously removed the Plaintiff Corporation’s
Defendant Juan in a warehouse located at the
, Makati City.
8.1 The Plaintiff Corporation’s property consist of
various quantities of an assortment of titles totaling
Twenty Four Thousand One Hundred Ninety Five books
valued at Two Million Three Hundred Eighty Thousand
One Hundred Fifty Seven Pesos (Php2,380,157.00), the
latter amount being the total price at which Plaintiff
Corporation sells the books to the retailer.

8.2 Most, if not all, of these books are supplied to

National Bookstore’s branches nationwide for sale to the
general public. Obviously, Plaintiff Corporation has not
been able to deliver these books to National Bookstore
branches since Defendant Juan has unlawfully withheld
the same in his warehouse. Accordingly, Plaintiff
Corporation stands to lose an amount of Two Million
Three Hundred Eighty Thousand One Hundred Fifty
Seven Pesos (Php2,380,157.00) representing Plaintiff
Corporation’s actual costs in producing and printing the
books, and potential net income.
8.3 Marked and attached herewith, as Annex “C”,
to form an integral part hereof, is a copy of the complete
list of Plaintiff Corporation’s books with their
corresponding prices, which Defendant Juan unlawfully
possesses and stores in said warehouse.
8.4 Aside from said books, a collection of Plaintiff
Corporation’s flats of several books published by Plaintiff
Corporation covering Two Thousand One Hundred
Seventy Two (2,172) pages were also fraudulently
removed by Defendant Juan from Plaintiff Corporation’s
business premises and placed in the above-mentioned
warehouse.
8.5 Said flats, which are utilized by Plaintiff
Corporation in reprinting previously published books,
have an estimated current market value of roughly Six
Hundred Seventeen Thousand Five Hundred Pesos
(Php617,500.00).
8.6 Marked and attached herewith, as Annex “D”,
to form an integral part hereof, is a copy of the list of
Plaintiff Corporation’s flats currently in Defendant Juan’s
 9. Immediately thereafter, Plaintiff Corporation
demanded from Defendant Juan the return of the
aforementioned properties and corporate assets, but despite
repeated demands, Defendant Juan persistently, adamantly
and unlawfully refused and failed, and up to the current time
still refuses and fails, to return said properties and corporate
assets to Plaintiff Corporation, their legal and rightful owner.

10. Due to Defendant Juan’s malicious, nefarious and

spiteful act of hiding Plaintiff Corporation’s aforementioned
properties and assets, Plaintiff’s business has suffered
substantially especially since it has not been able to deliver its
books to National Bookstore branches and has not been able
to accept orders to reprint previously published books.

CAUSES OF ACTION
(For Recovery of Possession of Personal Property, Damages
and Attorney’s Fees)

11. Plaintiff Corporation repleads, reproduces and

incorporates by reference all the foregoing paragraphs as
integral parts hereof and further avers that:

13. Under Section 1 of Rules 60 of the Revised Rules of

Court, a court of proper jurisdiction may grant a prayer for the
provisional remedy of an order for the delivery of the personal
property to a party. Said provisional remedy is made
available, to wit:

(a) “Sec. 1 Application. – A party praying

for the recovery of possession of personal
property may, at the commencement of the
action or at any time before answer, apply for
an order for the delivery of such property to
him, in the manner herein provided.”
(emphasis supplied)
respectively, in support of Plaintiff Corporation’s application
for the provisional remedy of replevin.

15. Plaintiff Corporation further manifests that it is

ready and willing to post the necessary bond executed to
Defendant Juan double the value of the property, i.e., books
and flats, as stated in paragraph 8.2 and 8.5 of the instant
Complaint and affidavit mentioned, for the return of the
property to Defendant Juan, if such return be adjudged, and
for the payment to Defendant Juan of such sum as he may
recover from the Plaintiff Corporation in the action.

16. Considering that Plaintiff Corporation’s business

has been substantially affected due to Defendant Juan’s
persistent and continued fraudulent possession of Plaintiff
Corporation’s property, Defendant Juan should be held liable
for actual damages in the sum of One Million Pesos
(Php1,000,000.00).

17. As a deterrent to Defendant Juan from again

committing the same or any other similar fraudulent scheme
and to deter other persons who are similarly minded,
Defendant Juan should be held liable for exemplary damages
in the sum of Five Hundred Thousand Pesos (Php500,000.00).

18. In order to protect and enforce its just, lawful, and

valid rights, Plaintiff Corporation was constrained to engage
the services of undersigned law firm for which Defendant Juan
must be made to pay Plaintiff Corporation an amount of not
less than Five Hundred Thousand Pesos (Php500,000.00), as
and by way of attorney’s fees and cost of suit.

19. The certification of the Barangay Court is not

required and not applicable considering that Plaintiff is a
corporate entity.
PRAYER
WHEREFORE, premises considered, it is most
 and/or secure the same in accordance with the
Rules of Court.
2. After notice and hearing, Judgment be rendered in
favor of the Plaintiff Corporation and against
Defendant Juan:
(a) Adjudging that Plaintiff Corporation has
the right of possession arising from its
ownership of the personal properties
and corporate assets, subject of the
instant complaint, and ordering that
said personal properties and corporate
assets be delivered to Plaintiff
Corporation, if still undelivered, or if
material delivery be not possible,
ordering Defendant Juan to pay Plaintiff
Corporation its equivalent market value,
namely the sum of Two Million Nine
Hundred Ninety Seven Thousand Six
Hundred Fifty Seven Pesos
(Php2,997,657.00);
(b) Ordering Defendant Juan to pay Actual
damages in the amount of One Million
Pesos (Php1,000,000.00);
(c) Ordering Defendant Juan to pay
Exemplary damages in the amount of
Five Hundred Thousand Pesos
(Php500,000.00);
(d) Ordering Defendant Juan to pay
Attorney’s fees and cost of suit in the
amount of Five Hundred Fifty Thousand
Pesos (Php500,000.00); and
(e) Ordering Defendant Juan to pay other
costs and expenses as a result of
litigation.

Plaintiff Corporation most respectfully prays for such

other reliefs and remedies as may be deemed just and
equitable under the circumstances.