Republic of the Philippines MUNICIPAL TRIAL COURT IN CITIES 7th JUDICIAL REGION Talisay City, Cebu Supt. COOL KID, Plaintiff, CIVIL CASE No. _____________ FOR: Interpleader
- versus JUAN DE LA CRUZ and PEDRO TAMAD , Defendants, x-------------------------------------------\
COMPLAINT PLAINTIFF, through counsel alleges: 1. Plaintiff is of legal age, Filipino citizen and a resident of Talisay City, Cebu, Philippines.
He is
currently the Chief of Police, Talisay City Police
Station, Talisay City, Cebu, where he may be served with summons and other legal processes of this Honorable Court. 2.Defendant JUAN DE LA CRUZ
is of legal age, Filipino, married, and a
resident of Palma St., corner Arellano Blvd., Cebu City, where he may be served with summons and other legal processes of the Honorable Court; On the other hand, defendant PEDRO TAMAD is also of legal age, Filipino, married, and a resident of Dumlog, Talisay City Cebu, where he may be served with summons and other legal processes of the Honorable Court; 3.On or about 08 January 2007, plaintiff found an ABANDONED MOTORCYCLE without any plate number near the Talisay City Police Station, Talisay City, Cebu, Philippines, and which he seized and brought to the police station. 4. In the morning of January 10 2007, defendant JUAN DE LA CRUZ came to the Talisay City Police Station, Talisay City, Cebu, and claimed ownership over the said MOTORCYLE by virtue of a Deed of Sale dated January 1, 2007, and requested the plaintiff to turn over to him the said motorcycle by paying
Complaint Interpleader
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whatever legal fees required of him to get the said MOTORCYLE from the Talisay City Police Station, Talisay City, Cebu. However, in the afternoon of that same day, January 10, 2007, defendant PEDRO TAMAD appeared before the Talisay City Police Station, Talisay City, Cebu, and presented himself to be the owner of the said MOTORCYCLE by virtue of a Deed of Sale dated January 2, 2007. 5. Unfortunately, both defendants we’re not able to present any certificate of registration issued by the Land Transportation Office, or an official receipt issued by the said office, covering the said Motorcycle under their name. 6. Plaintiff, who claims no interest whatsoever in the subject matter of this action, cannot determine the conflicting claims of the defendants; 7. Thus, plaintiff is bringing this action against the conflicting claimants to compel them to interplead and litigate their several claims among themselves. WHEREFORE, the foregoing premises considered, it is respectfully prayed of this Honorable Court that an Order be issued summoning the Defendants to interplead with one another in order for this Court to determine their respective legal rights and claims over the racing bicycle in accordance with law. Likewise, Complainant prays that he be allowed to recover his expenses of safekeeping, and the costs of this suit, to be charged as first lien upon the subject matter of this action. Other relief just and equitable under the premises are likewise prayed for. _____ January 2007, Talisay City, Cebu, Philippines.
______________________ SUPT. AUDI VILLACIN Chief of Police, Talisay City Police Station, Talisay City Cebu
Complaint Interpleader
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V E R I F I C A T I O N / CERTIFICATION I, Supt. COOL KID, of legal age, Filipino, married, and a resident of c/o Talisay City Police Station, after having been duly sworn to in accordance with law, do hereby depose and state: THAT – 1. 2. 3. 4.
I am the Complainant in the above-entitled case; I have caused the preparation and filing of the foregoing Complaint; I have read and understood all its contents; and the allegations therein are true and correct of My own personal knowledge and belief; That I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals or any other tribunal or agency; that to the best of my knowledge, no such action or proceeding is pending in the said courts/tribunal/agency, and that should I learn of such fact, I will notify the Court within five (5) days from such notice.
IN WITNESS WHEREOF, I have hereunto affixed My signature this _____th day of January 2007 at Cebu City, Philippines. ________________________ Supt. COOL KID Affiant SUBSCRIBED AND SWORN to before me this ____th 2006 at Cebu City, Philippines.
day of January,
Copy furnished: Atty. Colleen Guantero Suite 301 SRA Bldg., 54 D Jakosalem St., Cebu City
Explanation: A copy hereof is furnished to the Adverse party thru registered mail due to lack of office personnel to effect personal service, and time constraints. Anabelle M. Robles
