REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

National Capital region
Manila
Brach 37

S,
Petitioner,

-versus- Civil Case No.____________

For: Replevin

B,
Respondent.
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COMPLAINT

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

1. The Petitioner is of legal age and a resident of 221 Madison St., Greenhills, Metro Manila.
The Respondent is likewise of legal age who resided at 24 Lontok St., Quezon City.

2. The Petitioner is the dealer of used car 1989 Lancer, with License Plate No. BBB5678 as
evidenced by pertinent documents like Certificate of Registration (COR) and official Official
Receipt (OR).

3. The Respondent is the buyer of the used car dealt by the Respondent as evidenced by the
written Contract of Purchase.

4. The Respondent came up with a promissory note on October 5, 2018 to pay the car on or
before December 30, 2019, the amount of 250,000 Php with interest of 36 percent per annum,
aside from the attorney’s fees in the sum of 20,000 Php in the event of litigation, which the
Petitioner agreed upon.

5. On October 5, 2019 exactly one year after the purchase and the promissory note, the
Petitioner received an information that the Respondent is a scammer cited in his previous
cases.

6. On October 7, 2019, the Petitioner went to the house of the Respondent to verify and recover
the unpaid car because the Respondent is showing no plan of paying any amount prompted in
buying the car.

7. On October 10, 2019, a certificate to file action was issued to the Respondent. Hence, filing
the complaint with the writ of replevin.

8. Under Section 1 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
judgement be rendered in favor of the plaintiff and that after judgement;

a) The Respondent shall pay the Petitioner of the 36 percent per annum;
b) The Respondent shall be ordered to pay 20,000 Php for the Attorney’s Fees.

Such other reliefs and remedies under the premises are likewise prayed for.

Manila, Philippines, this 4th day of February 2020.

ATTY. JERICO A. DINO

Council for the Petitioner
PTR No. 76557887
IBP No, 9468543
Roll No. 34534: 5-10-2018
No: 85482893