REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT OF METRO MANILA Manila, Branch 1

JUAN DELA CRUZ Plaintiff, Civil Case No.________ -versusFor: Replevin

PEDRO SANTOS Defendant.

X------------------------------------------X

COMPLAINT FOR RECOVERY OF PERSONAL PROPERTY (Replevin)

COMES NOW, the Plaintiff, through the undersigned counsel in the above entitled case and to this Honorable Court alleges: 1. 2. That said plaintiff is the lawful owner of the following described personal property; That on or about the 1st day of March 2013, herein defendant borrowed said property from Plaintiff promising to return the same the next day; That on April 1, 2013, and for 10 days thereafter, the herein Plaintiff demanded for the return of the said property but despite repeated demands, said Defendant refused and still refuses to return the said property claiming that the same belongs to him; That said property has not been taken from the said plaintiff for tax assessment or fine pursuant to law, or seized under an execution, or attachment against the property of the Plaintiff (or if so seized, that it is exempted from such seizure); That the actual value of the said personal property is P10, 000.00; That the herein plaintiff is ready and willing to file a bond, executed to the defendant in double the value of the property stated above, for the return of the property to the Defendant if the return thereof be adjudged, and for the payment to the Defendant of such sum as he may recover from the Plaintiff in the auction.

3.

4.

5. 6.

WHEREFORE, Plaintiff prays for judgment: 1. Ordering the sheriff or other officer of the Court forthwith to take such property into his custody and to dispose of it in accordance with the Rules of Court;

2. After trial of the issues, adjudging that the Plaintiff has the right to the possession of said personal property and rendering judgment in the alternative against the Defendant for the delivery thereof to the Plaintiff of the value thereof in case delivery cannot be made; 3. Ordering the defendant to pay the costs of this suit, and for such other equitable relief in the premises. Manila, Philippines, August 27, 2013.

Attorney for Plaintiff 2nd Floor, RCBC Plaza, Ayala Avenue, Makati City Roll No. XXXXX P.T.R No. XXXXX/Manila/August 10, 2013 IBP No. XXXXX/Manila/August 20, 2013 MCLE Compliance No. XXXXXX

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

JUAN DELA CRUZ subscribing under oath, hereby deposes and states that: He is a plaintiff in this case. He has read the foregoing petition, and the allegations contained therein are true and correct of his own knowledge and/or based on authentic records. He attests to the authenticity of the annexes thereof. Plaintiff has not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or different Divisions thereof, or any other tribunal or agency; No such action or proceeding is pending in the Supreme Court, the Court of Appeals or different Divisions thereof, or any other tribunal or agency; If petitioner should learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or different Divisions thereof, or any other tribunal or agency, he hereby undertakes to notify this Honorable Court within 5 days therefrom.

_______________ JUAN DELA CRUZ Plaintiff

SUBSCRIBED AND SWORN to before me this 27 th day of May 2013 in the City of Manila, affiant exhibiting to me her TIN 12345678 issued in the City of Manila.

_________________ MARIA A. SANTOS Notary Public My Commission Expires Dec. 31, 2013 IBP No. _______, 1/16/2013, Pasig City PTR No. _______, 1/2/2013, Pasig City

Doc. No. ____ Page No. ____ Book No. ____ Series of 2013.

Copy Furnished:

Perez & Matias Law Offices 49 Dapitan St. , Sampaloc Mla.

EXPLANATION

This Certifies that personal service was not resorted to for the reason that due to time, distance and manpower constraints, the same is not practicable.

_________________ Counsel