REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH ___, MAKATI CITY

____________________________-
Plaintiff,
CIVIL CASE NO. ___________
- versus - For: Recovery of Sum of Money
and/or Personal Properties
with Prayer for Issuance of Writ of
__________________________ Replevin
Defendants.
x-----------------------------x

COMPLAINT

PLAINTIFF ___________________ (“_____________”, for

brevity), by the undersigned counsel, unto this Honorable Court, most
respectfully states that:

1. ___________________ is a corporation duly organized and

existing under and by virtue of the laws of the Republic of the Philippines,
with principal office address at 4 th Floor, ___________________Center, 162
L.P. Leviste Street, Salcedo Village, Makati City. Plaintiff is represented
herein by the affiant signatory to the Verification and Certification of Non-
Forum Shopping who was duly authorized 1 by the Board of Directors to file
this case and represent it in all court proceedings.

2. Defendants ___________________, doing business under the

name and style of “abc TRADING”2, are both of legal age, Filipinos and
with residence and last known address at ___________________where they
may be served with summons, notices and other court processes.

3. Defendant John Doe(s) is/are any person(s) who may be in

actual possession of the personal properties/equipment subject of the
Promissory Notes with Chattel Mortgage and Restructuring Agreement
mentioned hereafter, if the same is not in the actual possession of the
defendants.

1
A copy of the Secretary’s Certificate incorporating the Board Resolution passed to that
effect and the Special Power of Attorney are hereto attached as Annexes “A” and “B”
respectively;
2
A copy of Trading’s DTI Certificate of Registration is hereto attached as Annex “C”;
 4. ___________________is engaged in the business of extending
leasing and financing facilities to its clients.

5. In 2014, defendants obtained “secured commercial loans” from

plaintiff in separate amounts of Two Million Nine Hundred Sixteen
Thousand Three Hundred Ninety-Six Pesos (Php 2,916,396.00) and Two
Million Nine Hundred Ninety-Five Thousand Five Hundred Sixty Pesos
(Php 2,995,560.00). The loan amount of Php 2,916,396.00 was covered by
“Promissory Note with Chattel Mortgage” with PN/Loan Account No. 01-
14-03-026823 and the loan amount of Php 2,995,560.00 was covered by
“Promissory Note with Chattel Mortgage” with PN/Loan Account No. 01-
14-03-029574. These two (2) Promissory Notes with Chattel Mortgage were
executed by the defendants in favor of the plaintiff.

6. The loan amounts were secured by the aforementioned chattel

mortgage against the following personal properties/equipment:

a. For the Promissory Note with Chattel Mortgage with

PN/Loan Account No. 01-14-03-02682:

One (1) 40 Feet 16-Wheeler 4-Axle High Side with Aluminum

Sidings Dropside Trailer (converted to 12-Wheeler Triple Axle)
SN: ASHD-201314979-C
PN: TUH-135

One (1) Mitsubishi Fuso Square Light 10-Wheeler Tractor Head

Truck
SN: FV415JR-520305
MN: 8DC9-340996
PN: RNE-284

b. For the Promissory Note with Chattel Mortgage with

PN/Loan Account No. 01-14-03-02957:

One (1) 40 Feet 16-Wheeler 4-Axle High Side with Aluminum

Sidings Dropside Trailer (converted to 12-Wheeler Triple Axle)
SN: ASHD-201314045-C
PN: TUH-105

3
A copy of the Promissory Note with Chattel Mortgage with PN/Loan Account No. 01-
14-03-02682 is hereto attached and made an integral part hereof as Annex “D”.
4
A copy of the Promissory Note with Chattel Mortgage with PN/Loan Account No. 01-
14-03-02957 is hereto attached and made an integral part hereof as Annex “E”. Copies
of the Disclosure Statement of Loan/Credit Transaction for Promissory Note with Chattel
Mortgage with PN/Loan Account No. 01-14-03-02682 and the Promissory Note with
Chattel Mortgage with PN/Loan Account No. 01-14-03-02957 are hereto attached and
made an integral part hereof as Annexes “F” and “G”, respectively.

2
 One (1) Fuso (Projector Head Light) 10-Wheeler Tractor Head
Truck
SN: FV412JR- 560076
MN: 8DC9-506209
PN: AAB-1410

7. On 30 January 2016, defendants began defaulting in the

payment of the monthly installment payments due under the
abovementioned Promissory Notes with Chattel Mortgage under PN/Loan
Account No. 01-14-03-02682 and PN/Loan Account No. 01-14-03-02957.

8. Despite their default, plaintiff afforded defendants an

opportunity to comply with their obligations. Sometime in August 2016,
defendants entered into a “Restructuring Agreement”5 with
___________________ for their outstanding balance with the latter in the
amount of Two Million Five Hundred Fifty-Four Thousand Eight Hundred
Thirty-Four and 81/100 Pesos (Php2,554,834.81) as of 31 July 2016.

9. The obligation, under the subject Promissory Notes with

Chattel Mortgage, was restructured so that defendants shall pay
___________________ the amount Php2,554,834.81 in reduced amounts of
monthly installments within a term of thirty (30) monthly installments in
accordance with the following schedule which is inclusive of interest at the
rate of eighteen percent per annum (18% p.a.):

No. of Monthly Covered Dates

Installments Installment
15 Php75,000.0 September 2016 –
0 November 2017
15 Php145,616.0 December 2017 – February
0 2019

10. By virtue of the aforementioned Restructuring Agreement,

defendants also agreed that the Restructured Obligation shall continue to be
secured by the Chattel Mortgage over the subject personal
properties/equipment.

11. However, despite the foregoing accommodation extended by

___________________ to defendants, from 30 December 2016 up to
present, defendants defaulted in the payment of the monthly installment
payments due under the abovementioned Restructuring Agreement.

12. Under Section 6 of the Restructuring Agreement, the Borrower

shall be considered in default if the Borrower fails to pay any two (2)

5
A copy of the Restructuring Agreement is hereto attached and made an integral part
hereof as Annex “H”.

3
consecutive monthly installments on the due dates thereof and under Section
7 of the Restructuring Agreement it is provided that upon the default of the
Borrower, the Lender shall have the right to declare the entire outstanding
balance immediately due and demandable with interest and penalties and the
Lender shall be entitled to avail of any other remedy under the law.

13. As of 30 September 2017, defendants’ outstanding obligation to

plaintiff is THREE MILLION SEVENTY ONE THOUSAND TWO
HUNDRED FORTY PESOS (Php3,071,240.00)6. Defendants are also
liable for the accrued penalties in the amount of ONE HUNDRED SIXTY
SEVEN THOUSAND EIGHTY FIVE PESOS (Php167,085.00).
Defendants are also liable for the unpaid insurance premiums in the amount
of ONE HUNDRED ONE THOUSAND FOUR HUNDRED EIGHTY-
TWO AND 47/100 PESOS (Php101,482.47).

14. The obligation as above-mentioned is now long overdue

notwithstanding repeated demands7 made by ___________________ upon
defendants as the latter have failed and refused and still fail and refuse to
pay their outstanding balance and/or surrender to ___________________the
mortgaged properties as warranted by its breach of the terms of the subject
Promissory Notes with Chattel Mortgage and the Restructuring Agreement.

15. Under the Section 16(b)8 of the subject Promissory Notes with
Chattel Mortgage, the Lender/Mortgagee may repossess and extra-judicially
foreclose the subject mortgage in case of default, and for this purpose, it is
authorized and lawfully entitled to take possession of the mortgaged
property which, at present, is being wrongfully detained by the defendants in
order to avoid compliance with their obligation to plaintiff.

16. The subject mortgaged properties have not been distrained or

taken for tax assessment or fine pursuant to law or seized under a writ of

6
A copy of the Statement of Account of the defendants as of 30 September 2017 is hereto
attached and made an integral part hereof as Annex “I”;
7
A copy of the Demand Letter served on defendants is hereto attached and made an
integral part hereof as Annex “J”. Copies of the Licensed Courier Service’s (LBC)
Mailing Receipt with No. 126684146860 and LBC Tracking Report with number
126684146860 are hereto attached and made an integral part hereof as Annexes “K” and
“L”, respectively.
8
“Repossession and Foreclosure. The Lender/Mortgagee shall be entitled to be and is
irrevocably appointed the attorney-in-fact of the Borrower/Mortgagor with full power and
authority to enter the premises where the Mortgaged Property is located and to take actual
possession and control thereof without the need for any court order or any written
permission from the Borrower/Mortgagor, and with full power to sell the Mortgaged
Property by for or in such parcels as the Lender/Mortgagee shall determine, at public
auction and at the municipality or city where the Mortgaged Property is located or where
the principal offices or a branch of the Lender/Mortgagee is located, at the option of the
Lender/Mortgagee, unless specifically require by law to be held elsewhere. x x x
4
execution or preliminary attachment, or otherwise placed under custodia
legis;

17. The total present market value9 of the mortgaged properties for
which ___________________ will file a bond in favor of the defendants in
double the value of said properties to secure its return in the event that
possession is adjudged in favor of defendants and for the payment to the
defendants of such sum as they may recover from ___________________ in
this action, are as follows:

Mortgaged Properties Actual Market Value

(in Php)

One (1) 40 Feet 16-Wheeler 4-

Axle High Side with 640,000.00
Aluminum Sidings Dropside
Trailer (converted to 12-
Wheeler Triple Axle)
SN: ASHD-201314979-C
PN: TUH-135

One (1) Mitsubishi Fuso

Square Light 10-Wheeler 825,000.00
Tractor Head Truck
SN: FV415JR-520305
MN: 8DC9-340996
PN: RNE-284

One (1) 40 Feet 16-Wheeler 4-

Axle High Side with 300,000.00
Aluminum Sidings Dropside
Trailer (converted to 12-
Wheeler Triple Axle)
SN: ASHD-201314045-C
PN: TUH-105

One (1) Fuso (Projector Head

Light) 10-Wheeler Tractor 920,000.00
Head Truck
SN: FV412JR- 560076
MN: 8DC9-506209
PN: AAB-1410
Total 2,685,000.00

9
Copies of the Re-appraisal Reports for the four (4) mortgaged properties are attached
hereto and made an integral part hereof as Annexes “M” to “P”, respectively;
5
 18. By reason of the foregoing, plaintiff was constrained to engage
the services of counsel and has agreed to pay the amount of One Hundred
Fifty Thousand Pesos (Php150,000.00) by way of attorney’s fees,
exclusive of appearance for every court hearing.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that

upon the filing of this complaint, a Writ of Replevin be issued commanding
the branch sheriff to seize and obtain possession of the above-described
mortgaged personal properties and to dispose of the same in accordance with
law;

Furthermore, it is respectfully prayed that after trial on the merits,

judgment be rendered as follows:

a. In the event that possession of the mortgaged personal

properties cannot be obtained by the branch sheriff, ordering
the defendants to surrender and deliver the mortgaged personal
properties to ___________________ so that the latter may
exercise its authority to sell the units and to apply the proceeds
from the sale to the payment of defendants’ outstanding
obligation;

b. In case delivery cannot be effected, ordering defendants to pay

___________________ the sum of TWO MILLION SIX
HUNDRED EIGHTY FIVE THOUSAND PESOS
(Php2,685,000.00) representing the value of the mortgaged
personal properties;

c. Ordering defendants to pay ___________________, jointly and

severally, the sum of THREE MILLION SEVENTY ONE
THOUSAND TWO HUNDRED FORTY PESOS
(Php3,071,240.00) representing defendants’ outstanding
obligation as of 30 September 2017;

d. Ordering defendants to pay ___________________, jointly and

severally, the sum of ONE HUNDRED SIXTY SEVEN
THOUSAND EIGHTY FIVE PESOS (Php167,085.00)
representing accrued penalties and the sum of ONE
HUNDRED ONE THOUSAND FOUR HUNDRED
EIGHTY-TWO AND 47/100 PESOS (Php101,482.47)
representing unpaid insurance premiums;

6
 e. Ordering defendants to pay ___________________ attorney’s
fees equivalent to One Hundred Fifty Thousand Pesos
(Php150,000.00) exclusive of appearance fee for every court
hearing; and

f. Ordering defendants to pay the cost of suit.

Other measures of relief, just and equitable under the premises, are
likewise prayed for.

Makati City, 15 January 2018.

XXXXX LAW OFFICES 10

Counsel for the Plaintiff
Units 123 -79 Corporate Center
141 Valero Street corner Sedeño Street
Salcedo Village, Makati City
Tel Nos. XXX-XXX-XXX
893-6112, 817-8024

By:

AVC
PTR No. XXXXXXX/1.08.2018/Makati City
IBP No. XXXXXX/1.03.2018/PPLM
MCLE Compliance No. V-XXXXXXX/11.02.15
Roll No. XXXXX

10
Pursuant to OCA Circular No. 56-2015:

Atty. XXXXX MCLE Exemption No. V-XXXXXXX1/ Valid from