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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


MAASIN CITY

QWERTY, INC.
Plaintiff

-versus- Civil Case No. 12345
For: Recovery of Personal
Property
Mr. X
Defendant
x-----------------------------------x

COMPLAINT FOR REPLEVIN / RECOVERY OF PERSONAL
PROPERTY

Plaintiff, by counsel and to this Honorable Court, respectfully states
that:

1. Plaintiff is a domestic corporation duly organized and existing under
Philippine laws with principal office at 333 Brgy. Kaimito, Maasin
City, Southern Leyte, Philippines;

2. Defendant, Mr. X, is of legal age, Filipino citizen, single, with
residence and postal address at 232 Brgy. Kaimito, Maasin City,
Southern Leyte, where he may be served with summons and other
court processes;

3. On January 1, 2010, for value received, Defendant executed a
Promissory Note in the sum of One Million Pesos (P1,000,000.00),
Philippine Currency, payable in twenty (24) successive monthly
installments in the amount of Forty One Thousand Six Hundred Sixty
Seven Pesos (P41,667.00) each according to the schedule of payment
indicated in said Promissory Note, a copy of which hereto attached as
Annex A.

4. In order to secure the payment of the above mentioned Promissory
Note and other obligations defined in the Chattel Mortgage Contract,
Defendant executed in favor of the herein Plaintiff on the same date, a
Chattel Mortgage over the motor vehicle Chevrolet Corvette Stingray
2014 Model and is registered in the name of the defendant, a copy of
which is hereto attached as Annex B

5. That the above-described motor vehicle is presently in the possession
of the Defendant;

6. Defendant defaulted in complying with terms and condition of the
said Promissory Note and Chattel Mortgage (Annexes A and B)
by failing to pay the installments due since January 1, 2011 for this
reason, plaintiff demanded from said Defendant the payment of his
outstanding obligation but Defendant still failed and refused to do so.
Copy of Plaintiffs demand letter dated February 1, 2011 is hereto
attached as Annex C;

7. Thus pursuant to the provisions of the Chattel Mortgage, plaintiff
initiated a Petition for Extra-Judicial Foreclosure of Chattel Mortgage
with the Provincial Sheriff of Southern Leyte, a copy of which is
hereto attached as Annex D;

8. Despite the foreclosure however, and despite notice and demand to
the Defendant to surrender the subject motor vehicle subject to
foreclosure, Defendant failed and continued to fail to surrender the
same without any legal or justifiable cause. A copy of said demand
letter dated June 1, 2011 is hereto attached as Annex E;

9. By virtue of unjustifiable failure and refusal of the Defendant to turn-
over the possession of the subject chattel / motor vehicle for purposes
of foreclosure, Plaintiff was constrained to institute this instant action
and secure the services of the undersigned counsel for attorneys fees
equivalent to Ten (10%) percent of the total amount due and
outstanding on the Promissory Note and Chattel Mortgage, liquidated
damages and expenses incurred in relation with the manual delivery of
the above-mentioned motor vehicle, including the expenses for the
payment of the premium on the replevin bond filed in support of the
prayer for the issuance of a warrant for the seizure thereof;

10. Plaintiff is entitled to the immediate possession of the mortgaged
vehicle described above, which Defendant is wrongfully detaining for
the purpose of defeating Plaintiffs mortgage line thereon;

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

12. Plaintiff is ready, willing and able to put up a good and solid bond of
double the actual market value of the above-described motor vehicle
conditioned on the return of the same to the Defendant is such is
adjudged, and for the payment of such sum as they may recover from
the Plaintiff in the instant action.

PRAYER

WHEREFORE, plaintiff respectfully prays that the judgment
be rendered against defendant, as follows:

1. To issue a Writ of Replevin for the immediate seizure and recovery of
possession of the afore-described chattel / motor vehicle, complete
with all its accessories and equipment, together with the Registration
Certificate thereof;

2. In the event that manual delivery of the motor vehicle cannot be
effected, to render judgment in favor of plaintiff against defendant,
ordering him to pay plaintiff the principal amount of Five Hundred
Thousand Pesos (P500,000.00), plus liquidated damage, penalties, and
interest until fully paid;

3. In either case, to order defendant to pay plaintiff the sum of Ten
(10%) of the total amount due as Attorneys Fees, and to reimburse
plaintiff its expenses as may be proved during the trial, and other
expenses incurred in the seizure of the said motor vehicle, and the cost
of the suit.

Maasin City, Southern Leyte
July 7, 2014

EARNSWELL P. TAN
Counsel for the Plaintiff
Roll No. 12345
IBP NO. 946492 1/1/2017
PTR NO. 564800 1/1/2017
Tan Law Office, Abgao, Maasin City, Southern Leyte


REPUBLIC OF THE PHILIPPINES)
MAASIN CITY ) s.s.

VERIFICATION / CERTIFICATION

I, JAY ANTHONY FLORES, of legal age, after having been duly
sworn in accordance with law, depose and state that:

1. I am a the Manager of SINE QUA NON, INC, the plaintiff in the
above-captioned case which is for replevin / recovery of possession of
the motor vehicle Chevrolet Corvette Stingray 2014 Model,
registered in the name of the defendant;

2. That the plaintiff is the mortgagee of the above-described motor
vehicle and is entitled to the immediate thereof for purposes of
foreclosure of the Chattel Mortgage on the said motor vehicle;

3. That the above-described motor vehicle is presently in the possession
of the Defendant;

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

5. Plaintiff is ready, willing and able to put up a good and solid bond of
double the actual market value of the above-described motor vehicle
conditioned on the return of the same to the Defendant is such is
adjudged, and for the payment of such sum as they may recover from
the Plaintiff in the instant action;

6. That I have caused the preparation of the foregoing Complaint; that I
have read the allegations contained therein and I know the contents
thereof. The allegations contained therein are true and correct based
on my own and personal knowledge and based on authentic records
on hand;

7. That I further certify that: (a) I and plaintiff have not theretofore
commenced any other action or proceeding involving the same matter
in the Supreme Court, the Court of Appeals, or any other tribunal or
agency; (b) to the best of my knowledge, no such action or proceeding
is pending in the Supreme Court, the Court of Appeals, or any other
tribunal or agency, I and the corporation undertake to report such fact
within five (5) days therefrom to the court or agency wherein the
original pleading and sworn certification contemplated herein have
been filed.

IN WITNESS HEREOF, I hereunto set my hand this 9
th
day
of September at Maasin City, Southern Leyte, Philippines.


Jay Anthony Flores
Affiant


SUBSCRIBED AND SWORN to before me this 7th day of July, 2014
at Abgao, Maasin City, Southern Leyte, affiant exhibiting to me his Drivers
License with license number H05-05-000934 to expire on July 17, 2020.



EARNSWELL P. TAN
Notary Public for Maasin City
Roll No. 12345
IBP NO. 946492 1/1/2017
PTR NO. 564800 1/1/2017


Doc. No.
Page No.
Book No.
Series of 2014