Carreon Margery Legal Forms Midterm 01272017

REPUBLIC OF THE PHILIPPINES
METROPOLITAN TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH 10 QUEZON CITY
EVELINA LASERNA AND GLORIA CAJIPE,

Plaintiffs
-versus- For: Complaint for Specific

Performance and Damages.
SOLID HOMES, INC.

Defendant
x------------------------------x
COMPLAINT
COMES NOW, the plaintiff, through the undersigned counsel and unto this
Honorable Court, most respectfully state that:
1. That plaintiffs are of legal age, Filipinos and are residing at #1234 ABC
St., Quezon City, Philippines;
2. That defendant Solid Homes, Inc., engaged in the business of

development and sale of subdivision lots, is a corporation duly
established in the Philippines, the principal office of which is located at
#789 XYZ, Manila, Philippines where it may be served with summons,
orders and other legal processes of this Honorable Court;
3. That on April 1, 1977, Plaintiffs Evelina Laserna and Gloria Cajipe, as

buyers, represented by their attorney-in-fact, Proceso F. Cruz, entered
into a Contract to Sell with defendant Solid Homes, Inc., as seller. Copy
of the Contract to Sell is hereto attached and made an integral part hereof
as Annex A.
4. That the subject of the Contract to Sell was a parcel of land located at
Lot 3, Block I, Phase II, Loyola Grand Villas, Quezon City, with a total area
of 600 square meters, more or less.
5. That the Contract to Sell (Annex A) evidencing the agreement of the

parties provides that:
5. Upon full payment of the total price,

the SELLER/VENDOR shall sign and execute a DEED OF ABSOLUTE
SALE in favor of the BUYER/VENDEE. The
1
SELLER/VENDOR shall likewise execute and/or deliver any and all
documents, including but not limited to the original copy of Transfer
Certificate of Title, Tax Declaration and all other documents necessary for
the transfer of ownership from SELLER/VENDOR to
the BUYER/VENDEE.
6. That the total amount of the purchase price was already settled and the
final payment of the balance was made on 1 April 1980 as evidenced by
the receipt issued by the Defendant which is hereunto attached as Annex
B.
7. That despite several demands made by the Plaintiff, the defendant

corporation did not comply with the agreement to execute and deliver
the Deed of Absolute Sale and the Transfer Certificate of Title covering
the aforementioned lot.
8. That because of the defendants non-compliance with the aforesaid

contract the plaintiff suffered PHP20,000 as actual damages and to
correct and prevent similar actuations, defendant should be held liable to
an exemplary damages amounting to PHP 20,000.
PRAYER
WHEREFORE, it is most respectfully prayed that after due

hearing, judgment be rendered in favor of the Plaintiff and against
the Defendant in this manner:
1) The defendant be compelled to comply with the terms and conditions of the
Contract by executing and delivering unto the Plaintiff:
a. the Deed of Sale; and
b. Transfer Certificate of Title;
2) The defendant be held liable to pay Actual Damages amounting to

PHP 20, 000 and Exemplary Damages amounting to PHP 20,000.
3) The defendant be held liable to pay Attorneys fees amounting to

PHP 30,000.00 and PHP 10, 000.00 as litigation expenses
Such other reliefs and remedies under the premises are likewise prayed
for.
Quezon City, Philippines, this 27th day of January 1981.
2
By:
MARGERY CARREON
IBP No. 980984
PTR No. 6970695
Roll No. 34534
MCLE Compliance No. 0014724
3
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
Republic of the Philippines )

Quezon City ) S.S.
I, EVELINA LASERNA, of legal age, Filipino citizen and a resident of

#1234 ABC St, Quezon City, Philippines, after having been 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 have caused the preparation of the foregoing petition and

have read the allegation contained therein;
3. That the allegations in the said complaint are true and correct
based my own personal knowledge and and/or on the basis of
copies of documents and records in my possession;
4. That I hereby certify that I have not commenced any other action
or proceeding 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 therein;
5. That if I should learn thereafter that a similar action or proceeding

has been filed or is pending, I hereby undertake to report that fact
within five (5) days therefrom to the court or agency where the
original pleading and sworn certification contemplated herein
have been filed;
6. That I executed this verification/certification to attest to the truth

of the foregoing facts and to comply with the provisions of
Administrative Circular No. 04-09 of the Honorable Supreme
Court; and
7. That I executed this verification/certification for and in behalf of

my co-plaintiff, expressly authorized to do so.
IN WITNESS WHEREOF, I have hereunto affixed my signature this

27th day of January 1981, in Quezon City, Philippines.
EVELINA LASERNA
Affiant
4
SUBSCRIBED AND SWORN to before me this 27th day of January,
1981, in Quezon City, Philippines with affiant exhibiting to me her
Philippine Passport No. XC9203945 issued by the Department of Foreign
Affairs on April 8, 1973 in Manila.
ATTY. GEORGE JUNGLE

Notary Public
Until December 31, 1988
Roll of Attorney No. 14139
PTR No. 47703
January 27, 1981
Quezon City
Doc. No. 1
Page No. 1
Book No. 1
Series of 1981
5
ANNEX:A
CONTRACT TO SELL
KNOW ALL MEN BY THESE PRESENTS:
This CONTRACT TO SELL, made and executed this 1 day of April, 1977 by and
between:
Solid Homes, Inc, a domestic corporation duly organized and existing under
the laws of the Philippines with office/business address at #789 XYZ, Manila,
Philippines the hereinafter referred to as the "SELLER/VENDOR";
-AND-
Evelina Laserna, of legal age, Filipino and with residence and postal address
at #1234 ABC St., Quezon City Philippines
Gloria Cajipe, of legal age, Filipino and with residence and postal address at #1234
ABC St., Quezon City Philippines. hereinafter referred to as
the "BUYERS/VENDEES".
WITNESSETH;
WHEREAS, the SELLER/VENDOR is the absolute and registered owner of

a parcel of land consisting of SIX HUNDRED (600) square meters, more or less,
located at (LOT 3, BLOCK I, PHASE II, LOYOLA GRAND VILLAS, QUEZON
CITY) and covered by Transfer Certificate of Title No. (009-19770101) issued by
the Registry of Deeds of Quezon City;
WHEREAS, the BUYER/VENDEE has offered to buy and the SELLER

/VENDOR has agreed to sell the above mentioned property under the terms and
conditions herein below set forth;
NOW THEREFORE, for and in consideration of the total sum of (ONE

HUNDRED SEVENTY-TWO THOUSAND TWO HUNDRED SIXTY PESOS) (Php:
172,260.00) Philippine Currency, and of the covenants herein after set forth
the SELLER/VENDOR agrees to sell and the BUYER/VENDEE agrees to buy the
aforesaid property subject to the following terms and conditions:
1. The total consideration shall be ONE HUNDRED SEVENTY-TWO

THOUSAND TWO HUNDRED SIXTY PESOS (Php: 172,260.00) PESOS,
Philippine Currency, payable as follows:
a) The amount of THIRTY-THREE THOUSAND AND SIXTY PESOS (Php:

33,060.00) PESOS, representing the down payment shall be payable by
the BUYER/VENDEE to the SELLER/VENDOR upon signing of this Contract to
Sell;
b) The remaining balance in the amount of ONE HUNDRED SIXTY-SIX

THOUSAND FOUR HUNDRED TWENTY-ONE PESOS AND EIGHTY-EIGHT
CENTAVOS (Php: 166, 421.88.00) PESOS, shall be payable in cash for a period
of three years at a monthly installment of FOUR THOUSAND SIX HUNDRED
TWENTY TWO PESOS AND EIGHTY-THREE CENTAVOS beginning from April
1, 1977.
2. Capital Gains Tax and Real Estate Tax, shall be for the account of
the SELLER/VENDOR;
6
3. Documentary Stamps Tax, Registration Fee, registration expenses, and all
other miscellaneous fees and expenses shall be to the account of
the BUYER/VENDEE;
4. Possession to the subject property shall be delivered by

the SELLER/VENDOR to the BUYER/VENDEE upon full payment of the total
consideration;
5. Upon full payment of the total price, the SELLER/VENDOR shall sign and
execute a DEED OF ABSOLUTE SALE in favor of the BUYER/VENDEE. The
SELLER/VENDOR shall likewise execute and/or deliver any and all documents,
including but not limited to the original copy of Transfer Certificate of Title, Tax
Declaration and all other documents necessary for the transfer
of ownership from SELLER/VENDOR to the BUYER/VENDEE.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, this
1 day of April, 1977 at Quezon City, Philippines.
Mr. X, President Evelina Laserna and Gloria Cajipe

Solid Homes, Inc BUYER/VENDEE
SELLER/VENDOR
WITH MARITAL CONSENT OF BUYERS:
________________________ _________________________
Mr. Laserna Mr. Cajipe
SIGNED IN THE PRESENCE OF:
__________________________ ____________________________
John Smith Juan Dela Cruz
7
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)

QUEZON CITY ) SS.
BEFORE ME, a Notary Public, this 1ST day of April 1977, personally appeared the
following:
Name CTC Number Date/Place Issued
Mr. X/ Seller 10000000 February 5, 1970 / Manila City
Evelina Laserna/Buyer 10000000 January 14, 1976/ Quezon City
Gloria Cajipe/Buyer 11000000 January 14, 1975 / Quezon City
This instrument, consisting of 2 page/s, including the page on which this

acknowledgment is written, has been signed on the left margin of each and every
page thereof by the concerned parties and their witnesses, and sealed with my
notarial seal.
IN WITNESS WHEREOF, I have hereunto set my hand the 1st day of April, 1977
and Quezon City.
ATTY. TONET TOLENTINO

Notary Public
Until December 21, 1980
Roll of Attorney No. 14139
PTR No. 83649
April 1, 1977
Quezon City
Doc. No. 1
Page No. 1
Book No. 1
Series of 1977
8
ANNEX:B
April 1, 1980
ACKNOWLEDGEMENT RECEIPT
Received from EVELINA LASERNA and GLORIA CAJIPE the amount

of FOUR THOUSAND SIX HUNDRED TWENTY-TWO PESOS AND
EIGHTY-THREE CENTAVOS (P4,622.83) representing the payment of
the last installment for the sale of LOT 3, BLOCK I, PHASE II, LOYOLA
GRAND VILLAS, QUEZON CITY.
Received by:
Mr. X
President
Solid Homes, Inc.

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REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT

EVELINA LASERNA AND GLORIA CAJIPE,

-versus- For: Complaint for Specific

SOLID HOMES, INC.

2. That defendant Solid Homes, Inc., engaged in the business of

3. That on April 1, 1977, Plaintiffs Evelina Laserna and Gloria Cajipe, as

5. That the Contract to Sell (Annex A) evidencing the agreement of the

5. Upon full payment of the total price,

7. That despite several demands made by the Plaintiff, the defendant

8. That because of the defendants non-compliance with the aforesaid

WHEREFORE, it is most respectfully prayed that after due

a. the Deed of Sale; and

b. Transfer Certificate of Title;

2) The defendant be held liable to pay Actual Damages amounting to

3) The defendant be held liable to pay Attorneys fees amounting to

Quezon City, Philippines, this 27th day of January 1981.

Republic of the Philippines )

I, EVELINA LASERNA, of legal age, Filipino citizen and a resident of

1. That I am the plaintiff in the above-entitled case;

2. That I have caused the preparation of the foregoing petition and

5. That if I should learn thereafter that a similar action or proceeding

6. That I executed this verification/certification to attest to the truth

7. That I executed this verification/certification for and in behalf of

IN WITNESS WHEREOF, I have hereunto affixed my signature this

ATTY. GEORGE JUNGLE

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the SELLER/VENDOR is the absolute and registered owner of

WHEREAS, the BUYER/VENDEE has offered to buy and the SELLER

NOW THEREFORE, for and in consideration of the total sum of (ONE

1. The total consideration shall be ONE HUNDRED SEVENTY-TWO

a) The amount of THIRTY-THREE THOUSAND AND SIXTY PESOS (Php:

b) The remaining balance in the amount of ONE HUNDRED SIXTY-SIX

4. Possession to the subject property shall be delivered by

Mr. X, President Evelina Laserna and Gloria Cajipe

WITH MARITAL CONSENT OF BUYERS:

SIGNED IN THE PRESENCE OF:

REPUBLIC OF THE PHILIPPINES)

Name CTC Number Date/Place Issued

Mr. X/ Seller 10000000 February 5, 1970 / Manila City

Evelina Laserna/Buyer 10000000 January 14, 1976/ Quezon City

Gloria Cajipe/Buyer 11000000 January 14, 1975 / Quezon City

This instrument, consisting of 2 page/s, including the page on which this

ATTY. TONET TOLENTINO

Received from EVELINA LASERNA and GLORIA CAJIPE the amount

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