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Complaint For Consignation With Preliminary Attachment
Complaint For Consignation With Preliminary Attachment
CHRISTINE G. PUENTES
Defendant,
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COMPLAINT
interest in the property, plaintiffs tried to have the Contract to Sell dated
December 23, 2013 annotated in Transfer Certificate of Title No. T-90379
but was refused since they could not present the Owner’s Duplicate Copy
of the same, which was in the possession of the plaintiff who was already
abroad. Despite several entreaties to the plaintiff to at least accommodate
them by lending the Owner’s Duplicate Copy of Transfer Certificate of Title
No. T-90379 in order that the Contract to Sell be annotated therein,
defendant ignored such request. This prompted the plaintiff to register an
adverse claim on the property which was annotated in the dorsal portion of
the title as Entry No. 2014004259 dated June 17, 2014, and attached as
Annex “B-1”;
6. That as per Contract to Sell, the last payment due on the property
was $27,459.00 or Php1,215,060.75 to be paid on or before December 26,
2015;
13. Plaintiffs waited on the defendant and her mother but the latter
made no other communication with them. A year after, on April 12, 2017,
plaintiff Julieta sent another message to defendant’s mother following up on
her last message and expressing hope that the matter be settled for their
peace of mind. Screenshot of the said message is attached as Annex “H”;
14. With still no reply from the defendant or her mother, plaintiff
Julieta then sent another message the next day, April 13, 2017, acceding to
the defendant’s mother’s demands. Screenshot of said message is
attached as Annex “I”;
15. Having left without any recourse, plaintiffs sought help from
counsel who sent the defendant a letter dated May 2, 2017 informing her
that the plaintiffs are ready, willing and able to pay the remaining balance of
Php1,215,060.75 due on the property. Said letter was sent to defendant’s
sister’s address. Copy of the said letter dated May 2, 2017 is attached as
Annexe “J” and proof of receipt thereof as Annex “J-1”;
that she was rescinding the Contract to Sell and demanding the plaintiffs
vacate the premises;
18. Neither defendant nor her counsel ever replied to the said
communication. For this reason, plaintiffs caused to be sent to the
defendant a Tender of Payment dated July 7, 2017 Said letter was sent to
defendant’s last known address (Block 2 Lot 12 Ipil-ipil St., Veraville
Homes, San Antonio Valley 2, Parañaque City as appearing in the
Contract to Sell), the address of defendant’s aunt, Conchitina, and that of
her lawyer. Copies of the said Tender of Payment dated July 7, 2017 sent
to the three addresses and their proof of service are attached as Annexes
“L, “L-1”and “M”, “M-1”, as well as “N”, “N-1”, respectively;
20. Plaintiffs are now intending to pay in full the balance of the
purchase price but could not accomplish the same because the defendant
refused to receive such payment. This is also aside from the fact that
defendant is absent, her whereabouts could not be ascertained, thus,
deliberately making herself scarce from the plaintiffs. As can be seen from
Annexes “L” and “O”, pertaining to the Tender of Payment and Final Notice
before Consignation sent to defendants’ last known address in Block 2 Lot
12 Ipil-ipil St., Veraville Homes, San Antonio Valley 2, Parañaque City,
the same were returned with the annotation “MOVED OUT”;
24. Prior to the instant case, herein plaintiff filed a similar complaint
against defendant Puentes for Consignment and Damages that was
resolved in her favor by the Regional Trial Court of Las Piñas, Branch 275.
However, the same was reversed by the said court on account of lack of
jurisdiction and thus dismissing the case;
x x x
PRAYER
a. That after the filing of this complaint an order be made allowing the
consignation of Php1,215,060.75 with the Honorable Court, pendente
lite;
Other reliefs just and equitable under the premises are likewise
prayed for.
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