Republic of the Philippines

REGIONAL TRIAL COURT

Branch 1
th
7 Judicial Region
Bulwagan ng Katarungan
Quezon City

MR. Kyle Centeno (Buyer)

Plaintiff,

CIVIL CASE NO. 123456

FOR: Rescission of Agreement
-versus- and Absolute Deed of Sale,
Damages, Attorney’s fees

PAREDES REALTY
CORPORATION
-also known as PRC (Seller)
Defendant

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

COMPLAINT

COMES NOW the plaintiff, MR. KYLE CENTENO through the

undersigned and unto this Honorable Court, most respectfully states that:

1. The plaintiff MR KYLE CENTENO, is of legal age, Filipino,

married, and is a resident of 123 Quezon City.

2. The plaintiff is an Actor and Overseas Filipino Worker;

 3. The defendant, PAREDES REALTY CORPORATION is a
domestic corporation incorporated in Cavite City with principal
address at 111 New York Street, Philadelphia District, Cavite City;

4. Defendant is a registered owner of a several properties for sale in

Cavite City. On February 1, 2011, plaintiff met with Mr. A, the sales
agent of Paredes Realty Corporation to look for real estate properties
fit for investment. In effect, Mr. A offered parcel of lots owned by the
defendant situated in Cavite City including the six parcel of land
worth P1,000,000 each.

5. On March 2, 2011, plaintiff and defendant, through the assistance of

Mr. A, entered into an agreement of sale and purchase 1 of six parcel of
land for a total contract price of P6,000,000.00.

6. On the same day, plaintiff made an initial payment 2 in favor of the

defendant amounting 1,000,000.00 to be applied by installments until
full payment for six pieces of property including Lots A & B with a
total area of 2 hectares (2ha.) covered by Certificate of Title (TCT)
No. T-1234-A3 and Certificate of Title (TCT) No. T-4321-B4 under
the registered name of the defendant at the time of purchase.

7. On April 1, 2013, plaintiff was able to pay 5 the full price for all of
these properties and executed with the defendant the Deed of Absolute
Sale6. Come 2016, all properties were transferred to the plaintiff’s
name except for the two lots (A & B).

1
Annex A: Copy of Agreement
2
Annex D: Official receipt of payment dtd Mar. 2, 2011
3
Annex B: Copy of the Certificate of Title (TCT) No. T-1234-A
4
Annex C: Copy of the Certificate of Title (TCT) No. T-4321-B
5
Annex E: Official receipt of payment dtd Apr. 1, 2013
6
Annex I: Deed of Absolute Sale dtd Apr. 1, 2013
 8. On September 30, 2016, plaintiff went to PRC to verify the status of
these two lots. The defendant assured the plaintiff that these lots be
transferred to his name in no time.

9. In order to continue his career as an actor in the U.S., plaintiff left the
Philippines. Throughout the years of staying abroad, plaintiff
regularly emailed7 several representatives of the defendants for the
status of the lots to be transferred under his name. Due to COVID-19,
he was constrained to fly back to the Philippines sometime in 2020.

10.On March 2, 2020, plaintiff called the agent of the status of the two
other lots he bought from PRC but the later replied that there is a legal
problem involving the two lots but rest assured that it will be taken
care of.

11.A week of repeated inquiry for the status of the title passed but to no
avail, plaintiff decided to go to the Registry of Deeds of Cavite to
check the titles of these subject properties. He found out that Lots A &
B were levied by the government of Cavite due to non-payment of
taxes last December of 2014 and was subsequently sold to Ace
Cadellino thru auction sale8 last November of 2015.

12.On April 15, 2020, plaintiff sent a letter9 to the defendant demanding
the return of the amount P2,000,000 paid by him for the two lots but
the latter ignored the same.

13.On May 3, 2020, the plaintiff reiterated said demand in another letter 10.
However, the same was unheeded.

7
Annex F: Emails dtd Mar. 3, 2017, Dec. 10, 2018, Feb. 2, 2019, and Dec. 3, 2019.
8
Annex H: Copy of the Title with Encumbrance
9
Annex G: Demand Letter dtd Apr. 15, 2020
10
Annex J: Demand letter dtd May 3, 2020
 14.Without any legal justification, defendant continuously refuses to
return said amount despite repeated oral and written demands. A final
demand11 was sent and received personally by Mrs. B, the liaison
officer of the defendant on June 1, 2020.

15.Because of defendant’s indifference to the demands of the plaintiff, the

latter was constrained to notify the former through a notarial act of his
desire and intention to rescind the said agreement of sale.

16.As a result of the defendant’s refusal to comply with the contract,

plaintiff suffered actual damages of P2,000,000 representing the full
payment of the two lots paid to the defendant.

17.Plaintiff also suffered moral damages for the serious anxiety, mental
anguish and sleepless night at having parted with his hard-earned
money for a promise that remains unfulfilled up to the present.

18.That as a consequence, plaintiff was compelled to institute the instant

action against the defendant. He was constrained to retain the services
of counsels to whom he paid an acceptance fee of Thirty Thousand
Pesos (Php30,000.00) and bound himself to pay the undersigned
counsel an appearance fee of Two Thousand Pesos (Php2,000.00)
per appearance;

PRAYER

WHEREFORE, the forgoing premises considered, it is most

respectfully prayed that this Honorable Court render judgment in
favor of the Plaintiff that:

11
Annex K: Demand letter dtd Jun 1, 2020
 1. The Agreement and Deed of Absolute Sale be rescinded.

2. In relation to number 1, return of the payment made by the

plaintiff in the amount of P2,000,000.

3. The defendant be ordered to pay moral damages in favor of

the plaintiff in the amount of Php50,000.00;

4. The defendant be ordered to pay the plaintiff’s claim for

attorney’s fees of not less than Php30,000.00 plus P2,000
per court appearance and the amount of litigation expenses
as may be proved during the trial;

Plaintiffs likewise pray for such other reliefs as are just and
equitable under the premises.

SO PRAYED.
Quezon City.
March 9, 2021

sgd.
xx
Counsel for the Plaintiff
134 Amorsolo Street,
Legazpi Village, Makati,
Kalakhang Maynila
Office Tel. Nos. 987-6543
sgd.
xx
Counsel for the Plaintiff
134 Amorsolo Street,
Legazpi Village, Makati,
Kalakhang Maynila
Office Tel. Nos. 987-6543
 Roll of Attorneys No. 1234567
PTR No. 1234567 - Manila
IBP Lifetime Membership No.
1234567 - Manila
MCLE Exemption No. V-1234567,
issued on 12/3/2019
Roll of Attorneys No. 67891001
PTR No. 3489922 - Manila
IBP Lifetime Membership No.
9876543 - Manila
MCLE Exemption No. V-876543,
issued on 12/3/2019

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING
 I, MR. KYLE CENTENO of legal age, Filipino and resident of 123
Quezon City, Philippines, after having been duly sworn to in accordance
with the law hereby depose and say:

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

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

3. That I have read and understood the contents therein and that they are
true and correct out of my own personal knowledge;

4. That I personally know that the instant case had not been filed before
any judicial or administrative forum; nor is there any pending case for
the same cause of action involving the same parties; that in the event
that there is such before any judicial body or agency; I bind myself to
notify the court within a period of five (5) days from such knowledge.

IN WITNESS WHEREOF, I have hereunto set my hand this 9th day

March, 2021 at Quezon City.

sgd.
MR. KYLE CENTENO
Affiant
LTO Driver’s License No. 123456
Issued on November 6, 2014
At Quezon City

SUBSCRIBED AND SWORN to before me this 9th day of March,

2021 at Quezon City, the Affiant, exhibiting to me his LTO Driver’s License
as aforewritten.
 sgd.
ELOISA BC F. SALITRERO
Counsel for the Plaintiff
134 Amorsolo Street,
Legazpi Village, Makati,
Kalakhang Maynila
Office Tel. Nos. 987-6543
Roll of Attorneys No. 1234567
PTR No. 1234567 - Manila
IBP Lifetime Membership No.
1234567 - Manila
MCLE Exemption No. V-1234567,
issued on 12/3/2019
Doc No. ________
Page No. ________
Book No. ________
Series of 2021.
sgd.
GENO C. SAN JOSE
Counsel for the Plaintiff
134 Amorsolo Street,
Legazpi Village, Makati,
Kalakhang Maynila
Office Tel. Nos. 987-6543
Roll of Attorneys No. 67891001
PTR No. 3489922 - Manila
IBP Lifetime Membership No.
9876543 - Manila
MCLE Exemption No. V-876543,
issued on 12/3/2019