REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Manila, Branch ______
X, Inc. Plaintiff,
- versus -
Civil Case No. ____________________ For Interpleader
Y and Z Defendants. x---------------------------x
COMPLAINT
PLAINTIFF, by counsel and to this Honorable Court, respectfully alleges: 1) Plaintiff is a corporation duly organized and existing under the laws of the Philippines, with principal office at Suite 501 and 502, Metropolitan Tower, 1746 Mabini Street, Malate, Manila; it is represented herein by its president, X. Defendants Y and Z are both of legal age and with residences at Forbes Park, Makati City, Metro Manila, Philippines and Unit 1, The Fort Residences, Bonifacio Global City, Metro Manila, Philippines, respectively, where they may be served with summons and other legal processes. 2) On 25 August 2017, Y subscribed to 5,000 shares of stock of plaintiff, with par value of P1,000.00 per share, and accordingly, he was issued a certificate of stock No. 099, which, upon his request, was in blank, he explaining that a blank certificate would be easy to negotiate and transfer. 3) On or about 3 September 2017, a certain Z called on plaintiff’s corporate secretary, presenting and leaving to the corporate secretary Stock Certificate No. 099 in which his name was already written therein and which he claimed was endorsed to him by Y, and asking that said certificate of stock be cancelled and a new certificate issued to him. But before the corporate secretary could effect the transfer, Y submitted an affidavit claiming that his Stock Certificate No. 099 was lost and asking that the same be cancelled and a new replacement be issued to him. 4) Plaintiff, who claims no interest whatsoever in the subject matter of this action, cannot determine the veracity of the conflicting claims of the defendants;
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5) Confronted with the conflicting claims of ownership of said shares of stock, plaintiff held in abeyance action of their respective claims and demanded of defendants Y and Z to interplead and litigate their respective claims, but they refused and continue to so refuse. 6) Plaintiff was thus constrained to file the instant complaint in interpleader and to incur expenses of litigation, including attorney’s fees, in the amount of P600,000, which should be assessed equally between the defendants. PRAYER WHEREFORE, it is respectfully prayed for of this Honorable Court: a) To issue an order summoning the defendants to interplead with one another in order to determine their respective rights and claims; and b) To allow plaintiff to recover his expenses of litigation and attorney’s fees in the amount of P600,000, plus costs and other fees, to be assessed against them equally, to be charged as first lien upon the subject matter of this action. Other reliefs just and equitable are likewise prayed for. Quezon City, September 6, 2017 Counsel for Plaintiff 89 P. Florentino St., Sta. Mesa Heights, Quezon City Roll of Attorney 46614 IBP 43869; 1-05-09; QC PTR 66465; 1-05-09; QC MCLE Compliance
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
REPUBLIC OF THE PHILIPPINES ) CITY OF ____________________ ) S.S. I, X, of legal age, Filipino and holding office at Suite 501 and 502, Metropolitan Tower, 1746 Mabini Street, Malate, Manila, declares under oath that: 1. I am corporate president of plaintiff in the above entitled case; I caused the preparation of the foregoing petition; 2. The facts stated in the above complaint are true and correct to the best of my knowledge and authentic records; 2
3. I have not commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of my knowledge, no such other action or claim is pending in them; and 4. If I should learn that the same or similar action or claim has been filed or is pending after its filing, I shall report that fact within five (5) days from notice to the court or where the complaint or initiatory pleading has been filed. Quezon City, September 6, 2017 (Sgd.) X SUBSCRIBED and sworn to before me, this ____________________ day of ________________, in the City of _______________________ by ____________ _____________________________ with Passport No. ______________________, issued on ___________________ at _____________________. NOTARY PUBLIC Commission Serial No. _______ Until December 31, __________ Roll of Attorney _____________ IBP No. _______/Date/Place of Issue PTR No. _______/Date/Place of Issue
Doc. No. _______; Page No. _______; Book No. _______; Series of _______.
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