Sample COmplaint With Replevin

Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region Makati City, Branch ____

HOME, INC. Plaintiff, -versus-

Civil Case No. __________ For: Recovery of

Possession of Personal Property & Damages JUAN DELA CRUZ, Defendant .  x----------------------------------x  x---------------------------------x

COMPLAINT

COMES NOW  NOW  Plaintiff, HOME, INC., by and through undersigned counsel, unto this Honorable Court, most respectfully states that: 1. Plaintiff Home, Inc. (hereinafter referred to as “Plaintiff Corporation” for brevity) is a corporation duly organized and existing under the laws of the Philippines with office address at ____________________, ____________________, Makati City. Plaintiff Corporation may be served with summons and other court processes at the address of the undersigned counsel. 2. Defendant Juan dela Cruz (hereinafter referred to as “Defendant Juan” for brevity) is of legal age, and with address at _____________________________, Makati City, where he may be served with summons and other court processes.

managed the technical aspect of the business, i.e., ensuring the quality of the color separation of the books, and acted as co-publisher, assisting in book acquisitions of Plaintiff Corporation. 5. On 15 April 2004, Plaintiff Corporation held its annual stockholder’s meeting. Immediately thereafter, the Plaintiff Corporation’s organizational meeting was held wherein the following persons were duly elected as the officers of Plaintiff Corporation: Ms. Juanita Juan as Chairman of the Board and President; Ms. Ma. Teresa Santos Tan as Treasurer; and Mr. Roberto R. Santos as Corporate Secretary. Marked and attached herewith, to form an integral part hereof, is a copy of the minutes of the organizational meeting of Plaintiff Corporation, as Annex “A”, and a copy of Plaintiff Corporation’s latest General Information Sheet filed with the Securities and Exchange Commission (SEC) reflecting the election of the new set of officers, as Annex “B”. 6. After having been informed of the election of the Plaintiff Corporation’s new set of officers, Defendant Juan obstinately refused to acknowledge the authority of the new set of officers and stubbornly continued to act as an officer of Plaintiff Corporation despite his utter lack of authority. 7.  To make matters worse, Defendant Juan engaged the services of a security agency and placed a security guard at the Plaintiff Corporation’s business premises to bar and prevent the current officers of Plaintiff Corporation from entering its premises. In other words, Defendant Juan fraudulently took possession and control of Plaintiff Corporation’s business premises, including its warehouse, where its entire business consisting of publishing equipment, records, books, flats, negatives, plates, materials, etc., can be found. 8. After less than a month, Plaintiff Corporation discovered that Defendant Juan, in an obvious intent to clearly vex and annoy Plaintiff Corporation’s new set of officers and to virtually paralyze Plaintiff Corporation’s business, had secretly and surreptitiously removed the Plaintiff Corporation’s

Defendant Juan in a warehouse located at the  _________________________, Makati City. 8.1 The Plaintiff Corporation’s property consist of various quantities of an assortment of titles totaling  Twenty Four Thousand One Hundred Ninety Five books valued at Two Million Three Hundred Eighty Thousand One Hundred Fifty Seven Pesos (Php2,380,157.00), the latter amount being the total price at which Plaintiff Corporation sells the books to the retailer. 8.2 Most, if not all, of these books are supplied to National Bookstore’s branches nationwide for sale to the general public. Obviously, Plaintiff Corporation has not been able to deliver these books to National Bookstore branches since Defendant Juan has unlawfully withheld the same in his warehouse. Accordingly, Plaintiff Corporation stands to lose an amount of Two Million  Three Hundred Eighty Thousand One Hundred Fifty Seven Pesos (Php2,380,157.00) representing Plaintiff Corporation’s actual costs in producing and printing the books, and potential net income. 8.3 Marked and attached herewith, as Annex “C”, to form an integral part hereof, is a copy of the complete list of Plaintiff Corporation’s books with their corresponding prices, which Defendant Juan unlawfully possesses and stores in said warehouse. 8.4 Aside from said books, a collection of Plaintiff Corporation’s flats of several books published by Plaintiff Corporation covering Two Thousand One Hundred Seventy Two (2,172) pages were also fraudulently removed by Defendant Juan from Plaintiff Corporation’s business premises and placed in the above-mentioned warehouse. 8.5 Said flats, which are utilized by Plaintiff Corporation in reprinting previously published books, have an estimated current market value of roughly Six Hundred Seventeen Thousand Five Hundred Pesos (Php617,500.00). 8.6 Marked and attached herewith, as Annex “D”, to form an integral part hereof, is a copy of the list of Plaintiff Corporation’s flats currently in Defendant Juan’s

9. Immediately thereafter, Plaintiff Corporation demanded from Defendant Juan the return of the aforementioned properties and corporate assets, but despite repeated demands, Defendant Juan persistently, adamantly and unlawfully refused and failed, and up to the current time still refuses and fails, to return said properties and corporate assets to Plaintiff Corporation, their legal and rightful owner. 10. Due to Defendant Juan’s malicious, nefarious and spiteful act of hiding Plaintiff Corporation’s aforementioned properties and assets, Plaintiff’s business has suffered substantially especially since it has not been able to deliver its books to National Bookstore branches and has not been able to accept orders to reprint previously published books. CAUSES OF ACTION (For Recovery of Possession of Personal Property, Damages and Attorney’s Fees)

11. Plaintiff Corporation repleads, reproduces and incorporates by reference all the foregoing paragraphs as integral parts hereof and further avers that: 13. Under Section 1 of Rules 60 of the Revised Rules of Court, a court of proper jurisdiction may grant a prayer for the provisional remedy of an order for the delivery of the personal property to a party. Said provisional remedy is made available, to wit: (a) “Sec. 1 Application . – A party praying for the recovery of possession of personal property may, at the commencement of the action or at any time before answer, apply for an order for the delivery of such property to him, in the manner herein provided.” (emphasis supplied)

respectively, in support of Plaintiff Corporation’s application for the provisional remedy of replevin. 15. Plaintiff Corporation further manifests that it is ready and willing to post the necessary bond executed to Defendant Juan double the value of the property, i.e., books and flats, as stated in paragraph 8.2 and 8.5 of the instant Complaint and affidavit mentioned, for the return of the property to Defendant Juan, if such return be adjudged, and for the payment to Defendant Juan of such sum as he may recover from the Plaintiff Corporation in the action. 16. Considering that Plaintiff Corporation’s business has been substantially affected due to Defendant Juan’s persistent and continued fraudulent possession of Plaintiff Corporation’s property, Defendant Juan should be held liable for actual damages in the sum of One Million Pesos (Php1,000,000.00). 17. As a deterrent to Defendant Juan from again committing the same or any other similar fraudulent scheme and to deter other persons who are similarly minded, Defendant Juan should be held liable for exemplary damages in the sum of Five Hundred Thousand Pesos (Php500,000.00). 18. In order to protect and enforce its just, lawful, and valid rights, Plaintiff Corporation was constrained to engage the services of undersigned law firm for which Defendant Juan must be made to pay Plaintiff Corporation an amount of not less than Five Hundred Thousand Pesos (Php500,000.00), as and by way of attorney’s fees and cost of suit. 19. The certification of the Barangay Court is not required and not applicable considering that Plaintiff is a corporate entity. PRAYER WHEREFORE,

premises

considered,

it

is

most

and/or secure the same in accordance with the Rules of Court. 2.

After notice and hearing, Judgment be rendered in favor of the Plaintiff Corporation and against Defendant Juan: (a)

Adjudging that Plaintiff Corporation has the right of possession arising from its ownership of the personal properties and corporate assets, subject of the instant complaint, and ordering that said personal properties and corporate assets be delivered to Plaintiff Corporation, if still undelivered, or if material delivery be not possible, ordering Defendant Juan to pay Plaintiff Corporation its equivalent market value, namely the sum of Two Million Nine Hundred Ninety Seven Thousand Six Hundred Fifty Seven Pesos (Php2,997,657.00);

(b)

Ordering Defendant Juan to pay Actual damages in the amount of One Million Pesos (Php1,000,000.00);

(c)

Ordering Defendant Juan to pay Exemplary damages in the amount of Five Hundred Thousand Pesos (Php500,000.00);

(d)

Ordering Defendant Juan to pay Attorney’s fees and cost of suit in the amount of Five Hundred Fifty Thousand Pesos (Php500,000.00); and

(e)

Ordering Defendant Juan to pay other costs and expenses as a result of litigation.

Plaintiff Corporation most respectfully prays for such other reliefs and remedies as may be deemed just and equitable under the circumstances.