Republic of the Philippines

Regional Trial Court

Branch 62
Makati, City

Martha Diaz, Plaintiff Civil Case No. 123

For: Replevin

-versus-

Juan Carlos, Defendant

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

COMPLAINT
COMES NOW, the plaintiff together with the
undersigned counsel to this most honorable court, MOST
RESPECTFULLY STATES THAT;

1. The Plaintiff is of legal age, married and a resident of 56

Esteban Abada St. Legazpi Village Makati City. The
Defendant is likewise of legal age, married and temporary
residing at 119 Dela Rosa Cor. Castro St. Legazpi Village
Makati City.

2. The Plaintiff is the owner of the Suzuki Alto Base Model,

with License Plate No. AAA1234 as evidenced by pertinent
documents like Certificate of Registration (COR) and
Official Receipt (OR).

3. The Defendant is the lessee of the car that is owned by

the Plaintiff as evidenced by the written Contract of
Lending.

4. The Plaintiff and the Defendant came up with a written

agreement of Lease on October 12, 2017, which they both
agreed upon and was duly signed by the two parties as
shown in their Contract of Lending.
5. Item No. 5 of the contract which the defendant signed
expressly provides that the car will be used only for the
food delivery business for a period of two (2) years.
Failure to do so will automatically result to the
cancellation of the contract of Lending.

6. On October 12, 2018, the plaintiff received an information

from neighbors that the defendant was not anymore using
the car in his food delivery business. Rather, Carlos was
using the car in his personal trips.

7. On October 14, 2018, the plaintiff went to the house of

the defendant to verify the information he received from
the neighbors. True enough, the plaintiff saw his car in a
dilapidated condition. The defendant willfully and
maliciously violated the agreement which they mutually
agreed upon, and which the defendant signed.

8. On October 20, 2018, the plaintiff sent a demand letter to

the defendant but it was unheeded.

9. On November 10, 2018, the plaintiff and the defendant

undergone the mandatory Barangay Conciliation but was
not successful.

10. On March 1, 2019, a certificate to file action was issued

to the plaintiff. Hence, the filing of the complaint with the
writ of replevin.

11. Under Section1 of Rule 60 of the Revised Rules of Court,

a court of proper jurisdiction may grant a prayer for the
provisional remedy for an order for the delivery of the
personal property to a party. Said provisional remedy is
made available, to wit:

Section 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 hereinafter provided.
 PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court that judgment be rendered in
favor of the plaintiff and that after judgment;

a.) The defendant shall pay the plaintiff of damages for car
repair expense amounted to P 75,000.00

b.) The defendant shall be ordered to pay P 50, 000 for the
Attorney’s Fees.

Such other reliefs and remedies under the premises

are likewise prayed for.

Makati City, Philippines, this 12th day of September

2019.

Atty. Sarena Castillo

Counsel for the Plaintiff
PTR No. 67890321
IBP No, 1234567
Roll No. 42481:5-10-2018
MCLE No: 12329421
09173095812/sarena@ncaf.ph
 VERIFICATION AND CERTIFICATION

I, Ms. Martha Diaz, of Legal age, married, Filipino Citizen and

a resident of 56 Esteban Abada St. Legazpi Village Makati City,
after being sworn according to law, hereby 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;

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.

Martha Diaz
Complainant

In witness thereof, I, Atty Sarena Castillo, counsel of the

plaintiff, have here unto set my hand this 14th of September
at Makati City.

Atty Sarena Castillo

Counsel for the Plaintiff
PTR No. 67890321
IBP No, 1234567
Roll No. 42481:5-10-2018
MCLE No: 12329421
09173095812/sarena@ncaf.ph