REPUBLIC OF THE PHILIPPINES NINTH JUDICIAL REGION REGIONAL TRIAL COURT ZAMBOANGA CITY Sam Sung,
CIVIL CASE NO. ________03_____________ Plaintiff, FOR: SPECIFIC PERFORMANCE
-versusGal Axy, 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 Tetuan, Zamboanga City where he may be served with summons and other court processes; 2. That Defendant is of legal age, married, Filipino citizen and a resident of Bis, Cagayan de Oro City where he may be served with summons and process of this Honorable Court; 3. That on December 01, 2014 the herein Defendant posted online through social media, in http://www.facebook.com specifically, that he was selling his car, a 2011 model Honda Jazz, subject to negotiations. Attached herewith is the photo copy of the post by the Defendant marked as Annex “A”;
4. That herein Plaintiff communicated with the Defendant through the said social media site his interest to buy the car. And on the same day, Plaintiff and Defendant reached a perfected consensual agreement on the price of the car to the amount of FIVE HUNDRED THOUSAND (Php500,000) PESOS and apart from the price, that the payment and delivery of the car would be on December 05, 2014 at the Grand Hotel located at Cagayana de Oro City. Attached herewith is the photo copy of the agreement marked as Annex “B”;
5. That on December 05, 2014 when the Plaintiff went to Cagayan to conclude the sale, the Defendant, despite repeated demands and tender of payment through a
cellular phone by the Plaintiff, did not show up on the agreed location nor did he communicate with the Plaintiff during the Plaintiff’s stay; 6. That as of to the date of filing this complaint, the Plaintiff has yet to receive any word nor the object of the sale from the Defendant. 7. That by reason of the agreement, Plaintiff had to close his business in Zamboanga City during his two day stay in Cagayan de Oro City and was not able to realize profits from it.
8. That by reason of Defendant’s unjustified failure to appear on the agreed date of sale, despite repeated 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;
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 compel the Defendant to forego with the sale, deliver the car and accept the payment; 2. To pay unliquidated damages in the estimated amount of TEN THOUSAND (Php10,000.00) PESOS for the unrealized profits and expenses incurred by Plaintiff in pursuing the sale; 3. 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 cost of the suit. Other relief and remedies that are just and equitable under the premises are likewise prayed for. Zamboanga City. 16 January 2015. ATTY. ________________________ Counsel for the Plaintiff
____________________________________ _______________________________________ IBP NO. ______ Zamboanga Chapter Attorney’s Roll No. ________
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, SAM SUNG , 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. 3. 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 January, 2015 at Zamboanga City.
Sam Sung Plaintiff
SUBSCRIBED AND SWORN TO BEFORE ME, this ______ of January, 2015 at Zamboanga City.