7 Complaint For Specific Performance and Damages

Republic of the Philippines
REGIONAL TRIAL COURT

11th Judicial Region
Branch 12
Davao City
CASPER D. GHOST,
CIVIL CASE NO. _12323232
Plaintiff,
FOR: SPECIFIC PERFORMANCE
-versus-
RUDY GAY,
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

Lot 31 Block 23 NHA Tetuan, Davao 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, 2019 the herein Defendant posted online

through social media, in http://www.facebook.com specifically, that
he was selling his car, a 2012 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, 2019 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, 2019 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.
a. That by reason of the agreement, Plaintiff had to close his

business in City during his two day stay in Cagayan de Oro
City and was not able to realize profits from it.
7. 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.
Davao City.
February 2, 2020
GRIDLIN A. MATILAC
Counsel for Plaintiff
Until December 31, 2021
Attorney’s Roll No. 10772
PTR No. 7862245 B; 01-02-20; Davao City
IBP O.R. No. 024454; 01-02-20; Davao
City
REPUBLIC OF THE PHILIPPINES)

PROVINCE OF DAVAO DEL SUR) S.S
IN THE CITY OF DAVAO………..)
X…………………………………….X
VERIFICATION AND CERTIFICATION
I, MONKEY D. LUFFY, of legal age, after having been duly sworn in

accordance with law, depose and state that:
1. I am a petitioner in the above-stated case representing the republic
of the Philippines;
2. I caused the preparation of the foregoing petition;
3. I have read the contents thereof and the facts stated therein are true
and correct of my personal knowledge and/or on the basis true and
authentic records.
4. 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;
5. To the best of my knowledge and belief, no such action or
proceeding is pending in the Supreme Court, the Court of Appeals, or
any other tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding has
been filed or is pending before the Supreme Court, the Court of
Appeals, or any other tribunal or agency, I undertake to report that
fact within five (5) days therefrom to this Honorable Court.
IN WITNESS WHEREOF, I have hereunto affixed my signatures this

2nd day of February 2019, at Davao City, Philippines.
MONKEY D. LUFFY
Affiant
SUBSCRIBED AND SWORN to before me this 2nd day of February 2020

at NHA Davao City affiant exhibiting to me his GSIS ID. No. 612133 as
competent proof his identity, personally signed the forgoing affidavit and
acknowledged that he executed the same.
WITNESS MY HAND AND SEAL this 2nd day of February 2020 in Davao
City, Philippines.
NOTARY PUBLIC
Doc. No. 48;
Page No. 10;
Book No. 01;
Series of 2020.

7 Complaint For Specific Performance and Damages

Uploaded by

Copyright:

Available Formats

7 Complaint For Specific Performance and Damages

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

7 Complaint For Specific Performance and Damages

Uploaded by

Copyright:

Available Formats

Republic of the Philippines

REGIONAL TRIAL COURT

COMES NOW, the Plaintiff by the undersigned counsel unto the

1. That Plaintiff is of legal age, married, Filipino citizen and a resident of

2. That Defendant is of legal age, married, Filipino citizen and a resident

3. That on December 01, 2019 the herein Defendant posted online

Attached herewith is the photo copy of the post by the Defendant

Attached herewith is the photo copy of the agreement marked as

5. That on December 05, 2019 when the Plaintiff went to Cagayan to

a. That by reason of the agreement, Plaintiff had to close his

7. That by reason of Defendant’s unjustified failure to appear on the

2. To pay unliquidated damages in the estimated amount of TEN

3. To pay Attorney’s fees TEN THOUSAND (Php10,000.00) PESOS

4. To pay cost of the suit.

REPUBLIC OF THE PHILIPPINES)

VERIFICATION AND CERTIFICATION

I, MONKEY D. LUFFY, of legal age, after having been duly sworn in

IN WITNESS WHEREOF, I have hereunto affixed my signatures this

SUBSCRIBED AND SWORN to before me this 2nd day of February 2020

You might also like