Republic of the Philippines

REGIONAL TRIAL COURT

12th Judicial Region
Branch 19
Tacurong City

John Hann Hunk Pompong, CIVIL CASE No. 28-06-18-089

Plaintiff,

FOR: Rescission of Contract, damages

- versus – and Attorney’s Fees.

Al-Zahar Hunker Saiden,

Defendant.
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COMPLAINT

COMES NOW, plaintiff, John Hann Hunk Pompong by counsel, and unto this
Honorable Court, most respectfully avers THAT:

1. Plaintiff is a Filipino, of legal age, married, and residing at New Carmen,

Tacurong City, where he may be served with summons, papers and other process of
this Honorable Court.

2. Defendant Al-Zahar Hunker Saiden is a Filipino, of legal age, single, and residing
at Brgy. New Isabela, Tacurong City, where he may be served with summons, papers
and other process of this Honorable Court.

3. Defendant Al-Zahar Hunker Saiden is a real estate broker and engineer, engage
in the business of buying real properties and offer to sell the same into a much higher
price.

4. That plaintiff John Hann Hunk Pompong is an incumbent Board Member of the
2nd District of Maguindanao, businessman and the owner of parcel of land with an area
of 1250 square meters located in an high end area of San Pablo, Tacurong city
evidenced by Transfer of Certificate of Title No. 13457896 (EXHIBIT “A”).

5. Both parties have capacity to sue and to be sued.

6. That on March 26, 2018, Plaintiff and Defendant entered into a contract to sell
involving the said parcel of land for P 7,500,000 payable by installments for a period of
12 months evidenced by Contract to Sell (ANNEXED “B”). That the defendant agreed
to pay for 1,250,000 as down payment and the remaining balance shall be paid in
equal 12-month installment for 520,840.00 payable in every 27th day of the month
beginning April 27, 2018.

7. That the deed and sale be executed in favor of the defendant upon the
completion and full payment of installments and consequently title appertaining
thereto be transferred in the name of the latter.

8. That on April 27, 2018, defendant defaulted in paying the first installment which
constraints the plaintiff to send demand letter attached hereto (ANNEXED “C”)
addressed to defendant but failed to accede to the demand.

9. That on May 27, 2018, another demand letter sent by plaintiff to defendant
demanding the payment of present installment and previous defaulted installment as
well as a warning that should the defendant resists and defaulted in paying his
obligations, the plaintiff will move to rescind the contract. However, the defendant did
not take actions to the demand and profusely resist in answering the call by the
plaintiff. Copy of the demand letter attached hereto “ANNEXED “D”).

10. And on June 28, 2018, Plaintiff went to the house of the defendant to personally
handover the demand letter but defendant spikes actuations of berating while refusing
to receive the demand letter evident of bad faith and ill motive to comply with the
obligation incumbent upon him. (ANNEXED “E”)

11. That because of this display of ill motive and bad faith, evident by profusely
refusing to accede to the agreement the plaintiff and defendant faithfully entered into
in the contract to sell and by consistently and unjustly ignoring the demand letters, the
plaintiff suffered delay, anxiousness and sleepless nights.

12. That the plaintiff is left with no other choice but to move to rescind the contract
to sell between the Plaintiff Mr. Pompong and defendant Mr. Saiden.

13. And that due to breaching the contract to sell of the defendant by unjustly
refusing and complying his obligations, the plaintiff suffered emotional distress,
anxiousness and sleepless nights which should be indemnified by way of moral
damages;

14. Consequently, Plaintiff was constrained to engage the services of counsel to

whom it obligated itself to pay as Attorney's Fees the amount equivalent to TWENTY FIVE
PERCENT (20%) of the total amount to be adjudged in favor of plaintiffs, and the costs
of this suit.

PRAYER

WHEREFORE, the above premises considered, it is respectfully prayed of this

Honorable Court after hearing on the merits, that:
 a. The contract to sell between the Plaintiff and defendant be rescinded,

b. Defendants be ordered to pay moral damages in the amount of FIVE

HUNDRED THOUSAND PESOS (Php 150,000.00);

c. Defendants be ordered to pay attorney’s fees in an amount equivalent to

TWENTY FIVE PERCENT (20%) of the total amount to be adjudged in favor
of plaintiffs;

d. Defendants be ordered to pay the costs of this suit.

Other reliefs just and equitable under the premises are likewise prayed for.
Respectfully submitted this 28th of June, 2018 at Tacurong City.

JOHN HANN HUNK POMPONG

Complainant

Assisted by:

ATTY. SABRE M. AMAL

SHAN Law Firm, Suite 89, Kimsan Bldg.,
Bonifacio Street, Tacurong City
PTR No. 1247838 1-20-2012 Tacurong City
IBP No. 911117 1-21-2012 Tacurong City
Roll No. 89994
MCLE Ex. No. 111-000748 1-13-2012

VERIFICATION AND CERTIFICATION AGAINST FORUM-SHOPPING

I John Hann Hunk Pompong, Filipino, of legal age, married and a resident of New
Carmen, Tacurong City after having been duly sworn to in accordance with law
depose and say, THAT:

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are true
and correct of my personal knowledge and/or on the basis of copies
of documents and records in my possession;
4. I have not commenced any other action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or any other
tribunal or agency;
5. To the best of my knowledge and belief, no such action or proceeding
is pending in the Supreme Court, the Court of Appeals, or any other
tribunal or agency;
 6. If I should thereafter learn that a similar action or proceeding has been
filed or is pending before the Supreme Court, the Court of Appeals, or
any other tribunal or agency, I undertake to report that fact within five
(5) days therefrom to this Honorable Court.

JOHN HANN HUNK POMPONG

Affiant
ID No. 09878697

In witness thereof, I, Atty. Sabre M. Amal, counsel of the plaintiff, have herunto
set my hand this 28th of June, 2018 at Tacurong City.

ATTY. SABRE M. AMAL

SHAN Law Firm, Suite 89, Kimsan Bldg.,
Bonifacio Street, Tacurong City
PTR No. 1247838 1-20-2012 Tacurong City
IBP No. 911117 1-21-2012 Tacurong City
Roll No. 89994
MCLE Ex. No. 111-000748 1-13-2012