Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 54
Davao City

ANDRE DELA CRUZ

Plaintiff,

Civil Case No. 12345

-versus- For: Specific performance and
Damages

NINA SANTOS
Defendant.

COMPLAINT

COMES NOW, the plaintiff, through the undersigned counsel

and unto this Honorable Court, most respectfully avers:

1. That the plaintiff, ANDRE DELA CRUZ, is of legal age, Filipino

citizen, single, with residence and postal address at 119
Nickelodeon Street El Rio Subd., Davao City;
2. That the defendant, NINA SANTOS is of legal age, Filipino citizen,
single, with residence and postal address at Lot 12, Blk 8,
Mahogani Vill Davao City, where they may be served with
summons and other court processes;
3. The plaintiff is the owner of VERBU ELECTRONICS, engaged in the
business of selling Electronic components;
4. The plaintiff, in expanding his business, needs 10-wheeler trucks
to load, carry and transport his goods from one branch to another;
5. The plaintiff entered into a contract of sale with herein defendant
for the purchase of the 10-wheeler trucks;
6. By virtue of a contract of sale attached as Annex “A”, the plaintiff
bought from defendant, three (3) 10- wheeler trucks for a
consideration of TWO MILLION AND FIVE HUNDRED THOUSAND
(P2,500,000.00), Philippine Currency;
7. The defendant failed to deliver the three (3) 10-wheeler trucks
despite the acceptance of the payment;
8. On May 3, 2020, the plaintiff sent a letter of demand to deliver the
said three (3) 10-Wheeler Trucks;
9. Despite said letter of demand which was repeated by oral
demands, the defendant failed and still refused to deliver the three
(3) 10-Wheeler Trucks;
10. By reason of failure of the defendant to comply with his
contractual obligation, the plaintiff was compelled to file this
complaint engaging the services of counsel in the amount of
P30,000.00.

WHEREFORE, premises considered, it is most respectfully

prayed unto this Honorable Court that, after hearing, judgment
be rendered ordering the defendant:

1. To deliver the three (3) 10-Wheeler Trucks;

2. To pay the amount of P30,000.00 as damages for the loss of
income due to the failure to comply with his contractual obligation;
3. To pay the plaintiff the cost of the suit.

City of Davao, January 24, 2020.

Raul Roco
Counsel for Petitioner
Room 8, Tower 1 Verdon Park
Matina, Davao City, Philippines
(082)222-2222 | +63915151519
(Republic of the Philippines)
(City of Davao ) S.S.

VERIFICATION AND CERITIFICATION OF NON-FORUM

SHOPPING

I, Andre dela Cruz, both of legal age, Filipino citizens, and residents
of 119 Nickelodeon Street El Rio Subd., Davao City; Philippines,
under oath, depose and state:

1. That I am Petitioner in the above-mentioned case;

2. That we have caused the preparation of this Petition;
3. That we have read and understood its contents and affirm that
they are true and correct to our personal knowledge and based
on authentic records; and,
4. That we hereby certify that there is no other case or special
proceeding commenced or pending before any court involving the
same parties and the same issue and that should we learn of
such a case or special proceeding, we shall notify the court within
five (5) days from our notice.

IN WITNESS WHEREOF, we have signed this instrument on the

24th day of January 2020, in the City of Davao, Philippines.

ANDRE DELA CRUZ

Affiant

SUBSCRIBED AND SWORN to before me this 24th day of January,

2020 at Davao City, the Affiant, exhibiting to me his LTO Driver’s
License issued on April 1, 2011 in the City of Davao City.

Doc No. 82;

Page No. 16;
Book No. 1;
Series of 2020.