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  • Interpleader - Oraller

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    Gracelle Mae Oraller
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    Kit Virgin Abanilla filed a complaint for interpleader against Umma Agaw and Yna Agawan. Abanilla found an unclaimed gold-tone watch and both defendants have since claimed ownership. Unable to determine the rightful owner, Abanilla seeks to compel the defendants to establish their claims against each other in court. The plaintiff also requests reimbursement for safekeeping costs and filing fees.

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    1. Interpleader- Oraller

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    Kit Virgin Abanilla filed a complaint for interpleader against Umma Agaw and Yna Agawan. Abanilla found an unclaimed gold-tone watch and both defendants have since claimed ownership. Unable to determine the rightful owner, Abanilla seeks to compel the defendants to establish their claims against each other in court. The plaintiff also requests reimbursement for safekeeping costs and filing fees.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    81 views3 pages

    Interpleader - Oraller

    Uploaded by

    Gracelle Mae Oraller
    Kit Virgin Abanilla filed a complaint for interpleader against Umma Agaw and Yna Agawan. Abanilla found an unclaimed gold-tone watch and both defendants have since claimed ownership. Unable to determine the rightful owner, Abanilla seeks to compel the defendants to establish their claims against each other in court. The plaintiff also requests reimbursement for safekeeping costs and filing fees.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 3

    Republic of the Philippines

    MUNICIPAL TRIAL COURT


    8th Judicial Region
    Tanauan, Leyte

    KIT VIRGIN ABANILLA,


    Plaintiff, SCA No. 73
    FOR:
    INTERPLEADER
    -v e r s u s-

    UMMA AGAW and YNA AGAWAN


    Defendants.

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

    COMPLAINT

    PLAINTIFF, by counsel, respectfully states;THAT----

    1. Plaintiff and defendant are all of legal age; plaintiff resides at


    Zone 6, Barangay Pago, Tanauan, Leyte while the defendant reside at Zone
    2, BarangayLicod, Tanauan, Leyte and Zone 3, Barangay Buntay, Tanauan,
    Leyte, respectively, where they may be served with pertinent notices.

    2. On 1 January 2020, plaintiff found a Gold-Tone Michael


    Kors watch, without knowing who its true owner is. The watch is now in the
    possession of the plaintiff. On or about 4 January 2020, defendants made
    similar representations to plaintiff as to the ownership of the watch.

    3. Plaintiff, who claims no interest in the watch, cannot


    determine the conflicting claims of defendants and thus seeks to compel
    defendants to interplead and litigate their several claims between
    themselves.

    WHEREFORE, it is respectfully prayed that this Honorable Court


    issue an order directing defendants to interplead with one another to
    determine their respective rights and claims and to allow plaintiff to recover
    his expenses for safekeeping and the costs of this suit, as first lien upon the
    subject matter of this action.
    Carigara Leyte, 10 June 2020.

    Page 1 of 3
    GRACELLE MAE O. ORALLER
    Counsel for the Plaintiff
    123 Zamora St., Tacloban City
    Roll No. 45678
    IBP No. 22334
    MCLE Compliance No. III-0006412; 09-24-09

    COPY FURNISHED/Explanation: (by reg. mail due to distance)

    ATTY. MAG TATANGGOL


    Counsel for the Defendants
    142 San Roque St., Brgy. San Roque, Tanauan, Leyte

    Page 2 of 3
    Republic of the Philippines )
    In the City of Tacloban )SS

    VERIFICATION AND CERTIFICATION


    OF NON-FORUM SHOPPING

    I, GRACELLE MAE O. ORALLER, under oath state:

    I am the representative of the plaintiff in the above-entitled complaint;


    that I have caused the preparation of this complaint; I have read this
    complaint and that the allegations herein are true and correct of my own
    personal knowledge and based on authentic records/documents; and

    The plaintiff has not theretofore commenced any action or filed any
    claim involving the same issues in any other court, tribunal or quasi-judicial
    agency and, to the best of my knowledge, no such other action or claim is
    pending therein; and if we should thereafter learn that the same or similar
    action or claim has been filed or pending in any other court, tribunal or
    quasi-judicial agency, we shall report that fact within 5 days therefrom to
    this Honorable Court.

    IN WITNESS WHEREOF, I have hereunto set my hand this 19 June


    2020 in Tacloban City, Philippines.

    GRACELLE MAE O. ORALLER


    Affiant

    SUBSCRIBED AND SWORN to before me this 28 November 2020


    at Tacloban City, by affiant GRACELLE MAE O. ORALLER, who is
    identified by me through competent evidence of his UMID No. CRN-0006-
    0504571-6 to be the same person who personally signed before me the
    foregoing Verification and Certification of Non-Forum Shopping, and
    acknowledged that he has the authority to sign the same.

    Doc. No. ___


    Page No. ___
    Book No. ___
    SERIES OF 2020

    Page 3 of 3

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