Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Makati City, Branch ____

HOME, INC.
Plaintiff,
-versusPossession of

Civil Case No. __________

For: Recovery 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.
3.
Plaintiff Corporation is engaged in the business of
publishing books, journals, magazines and other literary

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 stockholders meeting. Immediately thereafter, the
Plaintiff Corporations 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
Corporations 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 Corporations 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 Corporations 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
Corporations 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 Corporations new set of officers
and to virtually paralyze Plaintiff Corporations business, had
secretly and surreptitiously removed the Plaintiff Corporations
entire existing stock of books, flats, plates and negatives and
transferred the same to another warehouse under Defendant
Juans exclusive control. According to the latest information

Defendant
Juan
in
a
warehouse
located
at
the
_________________________, Makati City.
8.1 The Plaintiff Corporations 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 Bookstores 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
Corporations 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 Corporations 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
Corporations 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 Corporations
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 Corporations flats currently in Defendant Juans
unlawful possession.
8.7 In sum, Defendant Juan is in possession of
Plaintiff Corporations property worth Two Million Nine

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 Juans malicious, nefarious and
spiteful act of hiding Plaintiff Corporations aforementioned
properties and assets, Plaintiffs 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 Attorneys 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)
14.

In compliance with the requirements of Sec. 2 Rule

respectively, in support of Plaintiff Corporations 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 Corporations business
has been substantially affected due to Defendant Juans
persistent and continued fraudulent possession of Plaintiff
Corporations 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 attorneys 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
respectfully prayed of this Honorable Court that:
1.

is

most

Upon filing of the instant complaint and the posting

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

Attorneys 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.
Makati City, December 2013.