Plaintiff: Complaint For Replevin / Recovery of Personal Property

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT

MAASIN CITY
QWERTY, INC.
Plaintiff
-versus- Civil Case No. 12345

For: Recovery of Personal
Property
Mr. X
Defendant
x-----------------------------------x
COMPLAINT FOR REPLEVIN / RECOVERY OF PERSONAL

PROPERTY
Plaintiff, by counsel and to this Honorable Court, respectfully states

that:
1. Plaintiff is a domestic corporation duly organized and existing under

Philippine laws with principal office at 333 Brgy. Kaimito, Maasin
City, Southern Leyte, Philippines;
2. Defendant, Mr. X, is of legal age, Filipino citizen, single, with residence

and postal address at 232 Brgy. Kaimito, Maasin City, Southern Leyte,
where he may be served with summons and other court processes;
3. On January 1, 2010, for value received, Defendant executed a

Promissory Note in the sum of One Million Pesos (P1,000,000.00),
Philippine Currency, payable in twenty (24) successive monthly
installments in the amount of Forty One Thousand Six Hundred Sixty
Seven Pesos (P41,667.00) each according to the schedule of payment
indicated in said Promissory Note, a copy of which hereto attached as
Annex “A”.
4. In order to secure the payment of the above mentioned Promissory Note

and other obligations defined in the Chattel Mortgage Contract,
Defendant executed in favor of the herein Plaintiff on the same date, a
Chattel Mortgage over the motor vehicle Chevrolet Corvette Stingray
2014 Model and is registered in the name of the defendant, a copy of
which is hereto attached as Annex “B”
5. That the above-described motor vehicle is presently in the possession
of the Defendant;
6. Defendant defaulted in complying with terms and condition of the said

Promissory Note and Chattel Mortgage (Annexes “A” and “B”) by
failing to pay the installments due since January 1, 2011 for this reason,
plaintiff demanded from said Defendant the payment of his outstanding
obligation but Defendant still failed and refused to do so. Copy of
Plaintiff’s demand letter dated February 1, 2011 is hereto attached as
Annex “C”;
7. Thus pursuant to the provisions of the Chattel Mortgage, plaintiff

initiated a Petition for Extra-Judicial Foreclosure of Chattel Mortgage
with the Provincial Sheriff of Southern Leyte, a copy of which is hereto
attached as Annex “D”;
8. Despite the foreclosure however, and despite notice and demand to the
Defendant to surrender the subject motor vehicle subject to foreclosure,
Defendant failed and continued to fail to surrender the same without
any legal or justifiable cause. A copy of said demand letter dated June
1, 2011 is hereto attached as Annex “E”;
9. By virtue of unjustifiable failure and refusal of the Defendant to turn-

over the possession of the subject chattel / motor vehicle for purposes
of foreclosure, Plaintiff was constrained to institute this instant action
and secure the services of the undersigned counsel for attorney’s fees
equivalent to Ten (10%) percent of the total amount due and
outstanding on the Promissory Note and Chattel Mortgage, liquidated
damages and expenses incurred in relation with the manual delivery of
the above-mentioned motor vehicle, including the expenses for the
payment of the premium on the replevin bond filed in support of the
prayer for the issuance of a warrant for the seizure thereof;
10. Plaintiff is entitled to the immediate possession of the mortgaged

vehicle described above, which Defendant is wrongfully detaining for
the purpose of defeating Plaintiff’s mortgage line thereon;
11. That the property has not been distrained or taken for a tax assessment
or a fine pursuant to law, or seized under writ of executed or
preliminary attachment, or otherwise placed under custodial egis, or if
so seized, that it is exempt from such seizure or custody;
12. Plaintiff is ready, willing and able to put up a good and solid bond of
double the actual market value of the above-described motor vehicle
conditioned on the return of the same to the Defendant is such is
adjudged, and for the payment of such sum as they may recover from
the Plaintiff in the instant action.
PRAYER
WHEREFORE, plaintiff respectfully prays that the judgment

be rendered against defendant, as follows:
1. To issue a Writ of Replevin for the immediate seizure and recovery of

possession of the afore-described chattel / motor vehicle, complete
with all its accessories and equipment, together with the Registration
Certificate thereof;
2. In the event that manual delivery of the motor vehicle cannot be

effected, to render judgment in favor of plaintiff against defendant,
ordering him to pay plaintiff the principal amount of Five Hundred
Thousand Pesos (P500,000.00), plus liquidated damage, penalties, and
interest until fully paid;
3. In either case, to order defendant to pay plaintiff the sum of Ten (10%)
of the total amount due as Attorney’s Fees, and to reimburse plaintiff
its expenses as may be proved during the trial, and other expenses
incurred in the seizure of the said motor vehicle, and the cost of the suit.
Maasin City, Southern Leyte

July 7, 2014
EARNSWELL P. TAN
Counsel for the Plaintiff
Roll No. 12345
IBP NO. 946492 – 1/1/2017
PTR NO. 564800 – 1/1/2017
Tan Law Office, Abgao, Maasin City, Southern Leyte
REPUBLIC OF THE PHILIPPINES)
MAASIN CITY ) s.s.
VERIFICATION / CERTIFICATION
I, JAY ANTHONY FLORES, of legal age, after having been duly

sworn in accordance with law, depose and state that:
1. I am a the Manager of SINE QUA NON, INC, the plaintiff in the above-
captioned case which is for replevin / recovery of possession of the
motor vehicle Chevrolet Corvette Stingray 2014 Model, registered in
the name of the defendant;
2. That the plaintiff is the mortgagee of the above-described motor vehicle

and is entitled to the immediate thereof for purposes of foreclosure of
the Chattel Mortgage on the said motor vehicle;
3. That the above-described motor vehicle is presently in the possession

of the Defendant;
4. That the property has not been distrained or taken for a tax assessment
or a fine pursuant to law, or seized under writ of executed or
preliminary attachment, or otherwise placed under custodial egis, or if
so seized, that it is exempt from such seizure or custody;
5. Plaintiff is ready, willing and able to put up a good and solid bond of
double the actual market value of the above-described motor vehicle
conditioned on the return of the same to the Defendant is such is
adjudged, and for the payment of such sum as they may recover from
the Plaintiff in the instant action;
6. That I have caused the preparation of the foregoing Complaint; that I

have read the allegations contained therein and I know the contents
thereof. The allegations contained therein are true and correct based on
my own and personal knowledge and based on authentic records on
hand;
7. That I further certify that: (a) I and plaintiff have not theretofore
commenced any other action or proceeding involving the same matter
in the Supreme Court, the Court of Appeals, or any other tribunal or
agency; (b) to the best of my knowledge, no such action or proceeding
is pending in the Supreme Court, the Court of Appeals, or any other
tribunal or agency, I and the corporation undertake to report such fact
within five (5) days therefrom to the court or agency wherein the
original pleading and sworn certification contemplated herein have
been filed.
IN WITNESS HEREOF, I hereunto set my hand this 9th day

of September at Maasin City, Southern Leyte, Philippines.
Jay Anthony Flores

Affiant
SUBSCRIBED AND SWORN to before me this 7th day of July, 2014

at Abgao, Maasin City, Southern Leyte, affiant exhibiting to me his Driver’s
License with license number H05-05-000934 to expire on July 17, 2020.
EARNSWELL P. TAN
Notary Public for Maasin City
Roll No. 12345
IBP NO. 946492 – 1/1/2017
PTR NO. 564800 – 1/1/2017
Doc. No.
Page No.
Book No.
Series of 2014

Plaintiff: Complaint For Replevin / Recovery of Personal Property

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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

-versus- Civil Case No. 12345

COMPLAINT FOR REPLEVIN / RECOVERY OF PERSONAL

Plaintiff, by counsel and to this Honorable Court, respectfully states

1. Plaintiff is a domestic corporation duly organized and existing under

2. Defendant, Mr. X, is of legal age, Filipino citizen, single, with residence

3. On January 1, 2010, for value received, Defendant executed a

4. In order to secure the payment of the above mentioned Promissory Note

6. Defendant defaulted in complying with terms and condition of the said

7. Thus pursuant to the provisions of the Chattel Mortgage, plaintiff

9. By virtue of unjustifiable failure and refusal of the Defendant to turn-

10. Plaintiff is entitled to the immediate possession of the mortgaged

WHEREFORE, plaintiff respectfully prays that the judgment

1. To issue a Writ of Replevin for the immediate seizure and recovery of

2. In the event that manual delivery of the motor vehicle cannot be

Maasin City, Southern Leyte

I, JAY ANTHONY FLORES, of legal age, after having been duly

2. That the plaintiff is the mortgagee of the above-described motor vehicle

3. That the above-described motor vehicle is presently in the possession

6. That I have caused the preparation of the foregoing Complaint; that I

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

Jay Anthony Flores

SUBSCRIBED AND SWORN to before me this 7th day of July, 2014

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