Complaint for Specific Performance

REPUBLIC OF THE PHILIPPINES FOURTH JUDICIAL REGION REGIONAL TRIAL COURT IMUS, CAVITE JOCELYN KUDERA, Plaintiff,

CIVIL CASE NO. _____________________ FOR: SPECIFIC PERFORMANCE

-versusZILLA E. PAGULAYAN, Defendant. X----------------------------------X COMPLAINT COMES NOW, the Plaintiff by the undersigned counsel unto the Honorable Court respectfully alleges; 1. That Plaintiff is of legal age, married, Filipino citizen and a resident of B-10 L-2 Plaza De San Marino, Salawag, Dasmariñas City, Cavite where she may be served with summons and other court processes; 2. That Defendant is likewise of legal age, married, Filipino citizen and a resident of B-141 L-12 P-III, Paliparan Site Dasmariñas City, Cavite where she may be served with summons and process of this Honorable Court; 3.

That on 24 May 2008 I received NOTICE TO VACATE from Regional Trial Court Multiple Sala of Imus, Cavite duly signed by Sheriff IV REYNALDO R. CAMERINO dated May 14, 2008 directing me to vacate our house and lot located in B-10 L-2 Plaza De San Marino, Salawag, Dasmariñas City, Cavite within the period of three (3) days;

4.

That on 24 June 2008 around 9:00 A.M. Plaintiff borrowed money to the herein Defendant in the amount of THREE HUNDRED TWENTY THOUSAND (Php320,000.00) PESOS including my previous debt for flour in the sum of THIRTY SEVEN THOUSAND (Php37,000.00) and the transfer fee;

5.

That herein Defendant requested that herein Plaintiff should execute Deed of Transfer in favor of the former for security that her loan money be returned;

6.

That when they executed said Deed of Transfer the herein Plaintiff never received any amount for consideration the same was executed for the sole purpose of security for the payment of Plaintiff’s loan;

-27.

That both parties agreed that all expenses incurred in the transfer, payments to the Household Developer and personal debts of the Plaintiff shall be included for the payment/reimbursement;

8.

That Defendant required the Plaintiff that should she failed to pay or return all the above-mentioned amount/obligation she will rent in the subject premises in the sum of SEVEN THOUSAND (Php7,000.00) PESOS per month; Attached herewith is the photo copy of the monthly rentals paid by Plaintiff and marked as Annex “A”;

9. That when the Plaintiff decided to pay the Defendant she failed and refused to accept the payments tendered that they agreed and Defendant is asking for the amount that they never agreed upon, hence, Plaintiff failed to concede to the whimsical and capricious demand of the Defendant; 10. That Defendant aside from the agreed amount to be returned, insisted the FIVE (5%) PERCENT interest monthly aside from the above-mentioned monthly rentals; 5.

That Defendant only pay the monthly interest for the months of June 9, 2009 and July 7, 2009 and no other payment has been made;

-26. That despite repeated verbal demands made by herein Plaintiff to the Defendant she failed and refused to pay the Plaintiff and the worst Defendant starting to evade the Plaintiff; 7. That in fact, the matter has been referred to the Barangay for possible settlement/ or conciliation of the dispute, but to no avail; Attached herewith is the photo copy of ENDORSEMENT LETTER and made an integral part hereof and marked as ANNEX “B”. 7. That as of December 14, 2009 the total obligation of the Defendant is NINETEEN THOUSAND (Php19,000.00) PESOS including the interest.

8. That by reason of Defendant’s unjustified failure to pay the Plaintiff, despite repeated verbal demands, Plaintiff was constrained to engage the services of counsel for a fee of TEN THOUSAND (Php10,000.00) PESOS plus ONE THOUSAND FIVE HUNDRED (Php1,500.00) PESOS per court appearance as actual damages; 9.

That Plaintiff suffered moral damages due to sleepless nights and anxiety in the amount of TEN THOUSAND (Php10,000.00) PESOS;

10.

That in order to serve as an example and/or lesson to the Defendant, the Plaintiff is also praying for exemplary damages in the sum of FIVE THOUSAND (Php5,000.00) PESOS. PRAYER IN LIGHT OF THE FOREGOING, it is most respectfully prayed of this

Honorable Court that after due notice and hearing, judgment be rendered in favor of Plaintiff and against defendant ordering the latter, as follows: 1. To pay the Plaintiff the sum of NINETEEN THOUSAND (Php19,000.00) PESOS; 2. To pay moral damages in the amount of TEN THOUSAND (Php10,000.00) PESOS;

-33. To pay Attorney’s fees TEN THOUSAND (Php10,000.00) PESOS plus ONE THOUSAND FIVE HUNDRED (Php1,500.00) per court appearance; 4. To pay exemplary damages in the amount of FIVE THOUSAND (Php5,000.00) PESOS; and 5.

To pay cost of the suit.

Other relief and remedies that are just and equitable under the premises are likewise prayed for. Dasmarinas, Cavite. 17 December 2009.

ATTY. BONIFACIO G. CABOBOY, JR. Counsel for the Plaintiff 2ND Floor Almasora Bldg., corner Ed Bautista, Malihan St., Zone IV, Dasmariñas, Cavite. PTR NO. 6209611/Dasma.,Cavite IBP NO. 718351 Cavite Chapter Attorney’s Roll No. 54321

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, MARILOU A. OLIVARIO, of legal age, married, Filipino and the plaintiff in the above entitled case, after being duly sworn to in accordance with law do hereby depose and say; 1. That I am the plaintiff in the above-entitled case; 2. That I caused the preparation of the complaint and I read the allegations contained therein and understood each of them to be true and correct of my own personal knowledge and beliefs and based on authentic documents.

-43. That I further certify that I have not commenced any action or proceeding involving the same issues in the Supreme Court, the Court of Appeals or different divisions thereof, or any court, tribunal or agency. 4. That should I learn hereafter of the filing or pendency of such action/s, I undertake to inform this Honorable Court of said fact within five (5) days from knowledge therefrom. IN WITNESS WHEREOF, I have hereunto affixed my signature this ________ of December, 2009 at Dasmariñas, Cavite.

MARILOU A. OLIVARIO

Plaintiff

SUBSCRIBED AND SWORN TO BEFORE ME, this ______ of December, 2009 at Dasmariñas, Cavite.