Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 4, Davao City

MICHAEL DAN DIONALDO

Plaintiff

-versus- Civil Case No. 12345

For: COMPLAINT WITH

MARVIN PRIAS APPLICATION FOR
Defendant. RECEVERSHIP

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COMPLAINT

Plaintiff, by counsel and to this Honorable Court, respectfully states

that:

1. Plaintiff, MICHAEL DAN DIONALDO, is of legal age, Filipino

citizen, single, with residence and postal address at 333 Brgy.
Kaimito, Bangkerohan, Davao City;

2. Defendant, MARVIN PRIAS, is of legal age, Filipino citizen, single,

with residence and postal address at 232 Brgy. Kaimito, Bangkerohan,
Davao City, where he may be served with summons and other court
processes;

3. That plaintiff is the owner as the pro-indiviso owner with the

defendant a property in litigation located in Lot 4, Lunas St, Marfori
1, Davao City, which has a fair market value of One Million Pesos
(P1,000,000.00);

4. That the defendant is in actual possession of the property in litigation

and as such, he is in control of the produce of the property pending
litigation;

5. That the produce and income from said property are in danger of
being lost, removed or materially injured unless a receiver be
appointed to guard and preserve the same;
6. That the defendant is hopelessly insolvent for he is heavily indebted to
various persons;

7. That plaintiff is willing and ready to file a bond in the amount which
this Honorable Court may fix in favor of the defendant against whom
this receivership is presented to the effect that he, the plaintiff to the
defendant all damages which he will sustain by reason of the
appointment of the receiver in case the plaintiff shall have procured
such appointment without sufficient cause, and such other bonds
which this Honorable Court may require him to file hereafter, as
security for such damages

PRAYER

WHEREFORE, plaintiff prays that:

1. An order be issued appointing a receiver;
2. After hearing, a judgment be rendered declaring that plaintiff is
entitled to the property and its proceeds, and sentencing the defendant
to pay the amount of the income from the property he is entitled to
receive plus liquidated damages, penalties, and interest until fully
paid;
3. In either case, to order herein defendant to pay the plaintiff the sum of
One Hundred Thousand Pesos (P100,000.00) as Attorney’s Fees, and
to reimburse the plaintiff the expenses for bond, litigation expenses as
may be proved during the trial, and other expenses and cost suit;
4. Other reliefs as may be deemed just and equitable in the premises are
likewise paid for.

Davao City, February 10, 2020.

(SGD.) ATTY. LYNDZELLE JANE D. PANIZA

Roll of Attorneys No. 061594
PTR No. 12345, 04-24-20, Davao City
IBP No. 123456, 04-24-20, Davao City
MCLE Compliance No. VII-010293; 4-15-19
Valid until April 14, 2022
Ecoland Davao City
ljpaniza@gmail.com
REPUBLIC OF THE PHILIPPINES)
DAVAO PHILIPPINES) S.S.

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VERIFICATION/CERTIFICATION AGAINST NON-FORUM

SHOPPING

I, MICHAEL DAN DIONALDO, of legal age, after having been duly

sworn in accordance with law, depose and state that:

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

2. That I have caused the preparation of the foregoing complaint;

3. I have read and understood the allegations therein contained and

the same are true and correct of my own personal knowledge and
based on authentic records;

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; to the best of my knowledge and belief,
no such action or proceeding has been filed or is pending before
the Supreme Court, the Court of Appeals, or other tribunal or
agency; that 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 under take
to report that fact within five (5) days therefrom to this Honorable
Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

th
10 day of February 2020, in the City of Davao.

MICHAEL DAN DIONALDO

Affiant

SUBSCRIBED AND SWORN to before me this 10th day of

February, 2020 at Davao City, affiant exhibiting to me his Driver’s License
with license number H05-05-000934 to expire on July 30, 2023.

NOTARY PUBLIC
Doc. No. ____;
Page No. ____;
Book No. ____;
Series of 2020.