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Republic of the Philippines

Regional Trial Court


Branch 1, Cebu City

Jerry Latorre

Plaintiff,

Civil case no. 11111


For: Replevin
-versus-

ABC Corpration,

Defendant

x-------------------------------------------------------------x

COMPLAINT

Plaintiff by the undersigned counsel and unto this Honorable court respectfully avers that:

1. Plaintiff is of legal age and is currently residing at Colon, Toledo City;

2. Plaintiff is the owner of certain personal properties, namely three single motorcycles valued at
132,400Php respectively and more particularly described as follows:

1 2 3
Type of Vehicle Motorcycle Motorcycle Motorcyle
without sidecar without sidecar
Make Yamaha Soul Honda Honda XRM110K

Classification Private Private Private

Chassis No. PA0SEA110F00001273 KPY10027009176 XRM13073582

Plate GE 74648 716880 1922 GC

3. That on April 1, 2007, ABC Corporation with the use of force, opened the storage building where
vehicles owned by the said corporation along with the plaintiff’s personal vehicles were all taken;

4. The above-described motor vehicles are presently in the possession of the defendant – ABC
CORPORATION, or their agents, representatives or persons acting in their behalf, and are unlawfully,
maliciously and wrongfully detaining it;
5. That the proof of ownership by the plaintiff of the said vehicles, herewith attached as “Annex A,
Annex B and Annex C”

6. The herein plaintiff demanded for the return of the said properties , but despite repeated demands said
Defendant refused and still refuses the said properties claiming that the same belongs to them;

7. Said properties has not been distrained or taken for a tax assessment or seized under a writ of
execution or preliminary attachment or custodia legis.

8. 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:

1. Than a Writ of Replevin be issued for the immediate seizure and recovery of possession of the
afore-described vehicles, complete with accessories and equipments, together with the
Registration Certificate thereof;
2. That in the failure of the defendant corporation to deliver the particular vehicles in the form they
have been removed from the premises of the plaintiff, that it be ordered to pay the plaintiff its
actual value, in the sum of 132,400PHP;
3. That the defendant be made to pay the costs of this suit plus damages and plaintiff be granted
such other equitable relief consistent with the law and equity.

Cebu City, Philippines, this 20th day of September 2016.

Riza Santos
Notary Public
Until Dec 31, 2016
Roll of Atty No. 2568
PTR No. 696 Issued on
02/15/16 at Cebu City
IBP No. 364 Issued on
03/08/16 at Cebu City
REPUBLIC OF THE PHILIPPINES]

CITY OF CEBU ] S.S.

VERIFICATION

I, Jerry Latorre, of legal age, after having been duly sworn in accordance with law,
depose and state 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;

IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of September in Cebu City,
Cebu.

JERRY LATORRE

Affiant

Riza Santos
Notary Public
Until Dec 31, 2016
Roll of Atty No. 2568
PTR No. 696 Issued on
02/15/16 at Cebu City
IBP No. 364 Issued on
03/08/16 at Cebu City
Doc. No. 1;
Page No. 1;
Book No.1;
Series of 2016.
REPUBLIC OF THE PHILIPPINES]
CITY OF CEBU ] S.S.

CERTIFICATION OF NON-FORUM SHOPPING

I, Jerry Latorre, of legal age, after having been duly sworn in accordance with law, depose and
state that:

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

2. I caused the preparation of the foregoing complaint;

3.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;

4. 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;

5. 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.

IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of Septemberin Cebu City.

JERRY LATORRE
Affiant

SUBSCRIBED AND SWORN to before me this 20th day of September in Cebu City, Cebu affiant
exhibiting to me his Passport No.16586 issued on March 20, 2015 at Cebu City.

Riza Santos
Notary Public
Until Dec 31, 2016
Roll of Atty No. 2568
PTR No. 696 Issued on
02/15/16 at Cebu City
IBP No. 364 Issued on
03/08/16 at Cebu City

Doc. No. 2;
Page No. 1 ;
Book No. 1;
Series of 2016.
ANNEX A
ANNEX B
DEED OF ABSOLUTE SALE OF MOTOR VEHICLE
KNOW ALL MEN BY THESE PRESENTS:
That the vendor, ELMA A. LORENA, of legal age, Filipino, married, and a resident of 485 Riles
Ward II, Poblacion, Minglanilla, Cebu, being the absolute owner of the hereunder described motor vehicle:
Make/Type : Honda Motorcycle without Side Car
Series : XRM11OK
Engine/Motor No. : XRM13E073585
Chassis No. : XRM13073582
Plate No. : 1922 GC
C.R. No. : 4902635-3

Hereby absolutely SELLS, TRANSFERS AND CONVEYS the above-described motor vehicle in
favor of the Vendee JERRY LATORRE, Filipino, of legal age, married, and a resident of Colon, Toledo,
Cebu, for and in consideration of the sum of TWENTY TWO THOUSAND FIVE HUNDRED PESOS
(P 22,500.00) Philippine Currency, receipt whereof is hereby acknowledged to her full satisfaction by the
Vendor.

The vendor warrants her clean title over the said motor vehicle.

IN WITNESS WHEREOF, the Vendor has hereunto set her hand this
12 December 2005 in Toledo City, Philippines.

JERRY LATORRE ELMA A. LORENA


Vendee Vendor

Signed in the presence of:

MA. LINA SY EDUARD YU

ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
Minglanilla, Cebu ) S.S.

BEFORE ME, a Notary Public for and in the above jurisdiction, this 12TH day of December 2005
personally appeared ELMA A. LORENA, with her competent ID:
TIN 289-000-02 known to me to be the same person who executed the foregoing instrument and he
acknowledged to me that the same is her free and voluntary act and deed.

WITNESS MY HAND AND SEAL on the date and place first above written.

DEBBIE SECUYA
Notary Public
Doc No. 5; Until December 31, 2005
Roll of Attorney No. 8269
Page No. 10; PTR No. 1235-02, January 3, 2004, Cebu City
IBP No. 9876-02, January 3, 2004, Cebu City
Book No. 2; MCLE Compliance No. I-0009888 – 10/21/04

Series of 2005. ANNEX C

DEED OF ABSOLUTE SALE OF MOTOR VEHICLE

KNOW ALL MEN BUY THESE PRESENTS:

That I, ROB A. SANTOS, of legal age, married, Filipino and a resident of Colon,Toledo City,
Cebu, Philippines, for and in consideration of the sum of THIRTY THOUSAND (P30,000.00) PESOS,
Philippine Currency, to me in hand paid by JERRY LATORRE, likewise of legal age, married, Filipino
and a resident of Colon,Toledo City, Cebu, Philippines, receipt of which is hereby acknowledgment to my
full and entire satisfaction, hereby SELL, TRANSFER and CONVEY absolutely unto the said JERRY
LATORRE , his heirs, successors-in-interest and assigns, my One (1) Unit HONDA Motorcycles, more
particularly described as follows:
Type of vehicle – Motorcyle
Make – HONDA
Classification – Private
Engine No. – CFT11OME-8009176
Chassis No. – KPY10-027-009176
MV File No. – 076000000071085
Plate No. – 716880
That I am in actual and physical possession of the above-described motorcycle, it being assumed
by me from the previous registered owner Marlon Sabal a resident of MAOMAWA, Babag, Cebu City;
free from all kinds of liens and encumbrances whatsoever;

That I hereby warrant valid title to and a peaceful possession of the property herein sold and
conveyed to the present owner and further undertakes to defend him in the event that any person attempt to
claim the said motorcycle.

IN WITNESS WHEREOF, I have hereunto set my hand, this 2ND day of February, 2007 at Colon,
Toledo City, Cebu, Philippines.
ROB A. SANTOS
(vendor)
SIGNED IN THE PRESENCE OF:

1. _______________________ 2. ________________________

REPUBLIC OF THE PHILIPPINES )


Toledo City , Cebu )S.S

BEFORE ME, a Notary Public for and in the above jurisdiction, this 2nd day of February
personally appeared ROB A. SANTOS, with his competent ID: SSS 154655-05-2
ROB A. SANTOS known to me to be the same person who executed the foregoing instrument and
he acknowledged to me that the same is her free and voluntary act and deed.

WITNESS MY HAND AND SEAL on the date and place first above written.
ELENA CHICANO
Notary Public
Until Dec 31, 2007