Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

FIRST JUDICIAL REGION
Branch 3
Baguio City
,

CIVIL CASE NO. 23124

Plaintiff,
FOR: REPLEVIN
- versus -

,
Defendant,
x--------------------- ---x
COMPLAINT
Plaintiff by the undersigned counsel and unto this
Honorable court respectfully avers that:
1. Both Plaintiff and defendant are of age and is currently
residing at No.45 Lower Pinget, Baguio City and FE-67
Camdas, Baguio City respectively;
2. Plaintiff is the owner of a certain personal property,
namely a Hyundai Starex valued at P450,000 and more
particularly described as follows to wit;
A motor Vehicle namely a 4 cylinder 1999 hyundai starex
van rented by the defendant on January 4 2012 to be
used in defendants company outing. Which van
defendant failed to return on the same day agreed
upon by both parties.
3. Said property has not been distrained or taken for a tax
assessment or seized under a writ of execution or
preliminary attachment or custodial legis.
4. Plaintiff has demanded from defendant the return of
said property but the later refuse and continues to
refuse to do so.
5. Plaintiff has executed a performance bond in double the
value of the property, in favor of the defendant, for the
return of the property to former if such return be

adjudged, and for the payment of such sum as the

defendant may recover in the action.

WHEREFORE it is respectfully prayed that:

a. The subject property be delivered to the plaintiff;
b. Defendant be made for the cost of this suit;
c.

The plaintiff be granted such

consistent with law and equity;

other

reliefs

Baguio City; March 15, 2016.

Counsel for Plaintiff
No. 23, Otek Square, Otek Street, Baguio City
Roll No. --321; April 10, 2015
PTR No. 2091162; January 10, 2016, Baguio City
IBP No. 2311755; January 15, 2016, Baguio-Benguet Chapter
M.C.L.E. Compliance No. III-098765, January 11, 2015, Pasig
City
Doc. No.5;
Page No. 2;
Book. No. II;
Series of 2016.

VERIFICATION/CERTIFICATION OF FORUM SHOPPING

Republic of the Philippines )
Baguio City
) S.S.
I, , of legal age, Filipino citizen, single and resident of
No.45 Lower Pinget, Baguio City, after having been duly
sworn to in accordance with law do hereby depose and say:
1. That I am the plaintiff in the above-entitled case;
2. That I have caused the preparation of the foregoing
complaint and have read the allegations contained
therein;
3. The allegations in the said complaint are true and
correct of my own knowledge and authentic records;
4. I hereby certify that I have not commenced any other
action or proceeding involving the same issues in any
court, tribunal or quasi-judicial agency and, to the
best of my knowledge, no such other action or claim
is pending therein;
5. That if I should learn thereafter that a similar action
or proceeding has been filed or is pending, I hereby
undertake to report that fact within five (5) days
therefrom to the court or agency where the original
pleading and sworn certification contemplated herein
have been filed;
6. I executed this verification/certification to attest to
the truth of the foregoing facts and to comply with
the provisions of Adm. Circular No. 04-94 of the
Honorable Supreme Court.
IN WITNESS WHEREOF, I have hereunto affixed my
signature this 15th of March 2016, in the City of Baguio.

SUBSCRIBED AND SWORN to before me this 15 day

of March, 2016, in City of Baguio.
Notary Public
Notarial Commission expires on December 31, 2017
Roll No. 65321; April 10, 2015
PTR No. 2091162; January 10, 2016, Baguio City
IBP No. 2311755; January 15, 2016, Baguio-Benguet Chapter

M.C.L.E. Compliance No. III-098765, January 11, 2015, Pasig

City
Cell No. 09-123-456-7, TIN: 321-654-000
Doc. No.5; Page No. 2; Bk. No. II; Series of 2016.
Republic of the Philippines
MUNICIPAL TRIAL COURT IN CITIES
FIRST JUDICIAL REGION
Branch 3
Baguio City
CIVIL CASE NO. 23124
Plaintiff,
FOR: REPLEVIN
- versus Defendant,
x--------------------- ---x
PETITION FOR APPLICATION FOR REPLEVIN
Plaintiff by counsel and by this Honorable court respectfully
alleges that:
1. Plaintiff has filed an action for Replevin and damages
in the above captioned case against the defendant,
in connection of the refusal of the defendant to
return the personal property of the plaintiff despite
repeated demands.
2. Plaintiff have been deprived of the use of said
personal property and income as a result of failure to
return property.
3. Plaintiff is ready to and willing to post a bond as the
court may fix, executed to the defendant in case
judgment be not in favor of the plaintiff, and for the
payment of such sum as the defendant may recover
in the action.
WHEREFORE, plaintiff respectfully prays that said
personal property be returned by the defendant with such
other costs by which the court may deem just under law and
equity.

Baguio City; March 15, 2016.

Counsel for Plaintiff
No. 23, Otek Square, Otek Street, Baguio City
Roll No. --321; April 10, 2015
PTR No. 2091162; January 10, 2016, Baguio City
IBP No. 2311755; January 15, 2016, Baguio-Benguet Chapter
M.C.L.E. Compliance No. III-098765, January 11, 2015, Pasig
City
Counsel for adverse party
Address: Rm. 45, Puso ng Baguio, Session Road, Baguio City
Sir :
Please be informed that the undersigned counsel has
set the foregoing petition for hearing on April 1, 2016 at 8:30
a.m. for the consideration of the Honorable Court or soon
thereafter as counsel may be heard.
Counsel for Plaintiff
RECEIVED COPY this _____ day of ________, 2016.
Name of Counsel _______________
Counsel for Plaintiff / Defendant (adverse party)
Roll of Attorneys No. ______
IBP OR No. ______, issued on ______ at _________.
PTR OR No. ______, issued on ________ at ________.