Complaint

REPUBLIC OF THE PHILIPPINES
FIRST JUDICIAL REGION
MUNICIPAL TRIAL COURT

Branch _____
Baguio City
SPS. SHAKTI KRIS AKINO &
JAMES BOND YAP,
Plaintiffs,
CIVIL CASE NO. _______

FOR: COLLECTION OF SUM
OF MONEY & DAMAGES
-versusBAGUIO CITY NATIONAL

HIGH SCHOOL MULTIPURPOSE
COOPERATIVE AND
DIETHER YUCAMPO, IN HIS
CAPACITY AS THE CHAIRMAN OF
THE BOARD OF DIRECTORS,
Defendants.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - -x
COMPLAINT
Plaintiffs, through the undersigned counsel, respectfully states that:
1. Plaintiffs are of legal age, married to each other, Filipino citizens,
with residence and postal address at #18 A. Luna St., Natividad, Naguilian,
La Union;
2. Defendants are of legal age, Filipinos with office and postal address
at Baguio City National High School, Multipurpose Cooperative, Gov. Pack
Rd., Baguio City, where they may be served with summons and other court
processes;
3.
That on May 16, 2011, defendants offered to sell to plaintiffs a
certain parcel of residential land consisting of two hundred (200) square

meters, situated in Lubas Subdivision, for the amount of One Hundred Thirty
Thousand (P130,000.00) Pesos;
4. That on June 29, 2011, plaintiffs gave to defendants the sum of

P130,000.00 as advance payment, photocopy of the receipt is hereto
attached and marked as Annex A;
6. That, however, upon verification from the office of the defendants,
plaintiffs are not included in the listings of lot allottees. This fact was lately
discovered by plaintiffs after they were allegedly deceived;
7.
Prior to the filing of the herein action, plaintiffs demanded from
defendants the return or payment of the amount they received from plaintiffs
plus interests earned thereon, the last of which was through counsel, as
evidenced by hereto attached demand letter marked as Annex B;
8. Defendants wanton bad faith, fraudulent and deceitful conduct
caused plaintiffs to suffer sleepless nights and untold anxiety, for which
defendants should be assessed jointly and severally moral damages in the
amount of P50,000.00;
10.
Defendants bad faith and deceitful conduct should not go
unpunished, and by way of example of correction for the public good,

defendants should be assessed, P30,000.00 as exemplary damages;
11. Because of defendants gross and evident bad faith in refusing to
satisfy plaintiffs valid, just and demandable claim, plaintiffs was forced to
hire the services of counsel at the agreed fee of P15,000.00 plus P1,500.00
per recorded appearance in court, and to incur expenses of litigation which
shall be proved during the hearing.
WHEREFORE, it is respectfully prayed of this Honorable Court that after
due hearing, a judgment be rendered in favor of plaintiffs and against the
defendants, as follows:
1. Ordering defendants, jointly and severally, to pay plaintiff the sum

of P130,000.00 plus interests thereon;
2. Ordering defendants, jointly and severally, to pay plaintiffs the sum
of P50,000.00 as moral damages;
3. Ordering defendants, jointly and severally, to pay plaintiffs the sum
of P30,000.00 as exemplary damages;
4. Ordering defendants, jointly and severally to pay plaintiffs the sum
of P15,000.00 as Attorneys fees plus P1,500.00 per recorded
appearance in court;
5. Ordering defendants, jointly and severally to pay plaintiffs expenses
of litigation as may be proved during the hearing, and to pay the
costs of suit.
Plaintiffs pray for such other relief just and equitable in the above
premises.
Baguio City, Philippines, this 20th day of September, 2011.
RHEINA B. LAPEA
Counsel for the Plaintiffs
B-319, 3/F, Lopez Building
Session Road, Baguio City
Roll No. 60885
PTR No. 1641702, 01-02-11, B.C.
IBP No. 643425, 01-02-11, B.C.
MCLE Compliance No. III 0003991-June 22, 2010
REPUBLIC OF THE PHILIPPINES)

) SS.
DONE: IN THE CITY OF BAGUIO)
X------------------------X
VERIFICATION AND CERTIFICATION

WE, SPS. SHAKTI KRIS AKINO & JAMES BOND YAP, after having been
duly sworn to in accordance with law, hereby depose and state:
1. That we are the Plaintiffs in the above-entitled case;
2. That we caused the preparation of the foregoing pleading and that
the same are true and correct to the best of our personal knowledge
or based on authentic records;
3. That we had not theretofore commenced any other action or
proceeding
involving the same issue in the Supreme Court, Court of Appeals, or
any other tribunal or agency;
4. If we should theretofore learn that a similar action or proceeding
has been filed or is pending before the Supreme Court, Court of
Appeals, or any other tribunal or agency, we undertake to report
that fact within five days (5) therefrom to this Honorable Court.
JAMES BOND YAP
Affiant
SSS No. 1234567
Issued on: January 2, 2010
SHAKTI KRIS AKINO

Affiant
SSS No. 89101112
Issued on: January 1,
2009
Issued at: Baguio City
Issued at: Naguilian, La
Union
SUBSCRIBED AND SWORN to before me this 20 th day of September
2011 in the City of Baguio, Philippines. Affiants having exhibited to me their
Social Security System Identification Card bearing Numbers appearing below
their names above.
RHEINA B. LAPEA
Doc. No. 20;

Page No. 4;
Notary Public
4
Book No. II;

Series of 2011.
SN No. 33-NC-05 (R)

Commission expires on December 31, 2011
B-319, 3/F, Lopez Bldg., Session Rd., Baguio City
R.O.A. No. 60885
PTR No. 1641702, 01-02-06, B.C
IBP No. 643425, 01-02-06, B.C.

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REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION

MUNICIPAL TRIAL COURT

CIVIL CASE NO. _______

-versusBAGUIO CITY NATIONAL

That on May 16, 2011, defendants offered to sell to plaintiffs a

certain parcel of residential land consisting of two hundred (200) square

4. That on June 29, 2011, plaintiffs gave to defendants the sum of

Prior to the filing of the herein action, plaintiffs demanded from

Defendants bad faith and deceitful conduct should not go

unpunished, and by way of example of correction for the public good,

1. Ordering defendants, jointly and severally, to pay plaintiff the sum

REPUBLIC OF THE PHILIPPINES)

VERIFICATION AND CERTIFICATION

SHAKTI KRIS AKINO

Issued at: Naguilian, La

Doc. No. 20;

Book No. II;

SN No. 33-NC-05 (R)

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