You are on page 1of 10

Republic of the Philippines

st
1 MUNICIPAL TRIAL COURT
11th Judicial Region
City of Digos

PEOPLE OF THE PHILIPPINES,


Plaintiff,

-Versus- For: ACTS OF


LASCIVIOUSNESS

LUOD KHA,
Accused,

/------------------------------------------------------------------/

Complaint

The undersigned, Ayaw Kho, accuses Luod Kha of the crime of Acts

of Lasciviousness, committed as follows to wit:

Than on or about April 15, 2017, at about 9pm, in the City of Digos,

Province of Davao del Sur and within the jurisdiction of this Honorable

Court, the said accused Luod Kha did then and there willfully, unlawfully,

and feloniously embraced the undersigned, when the latter was about to

enter the comfort room of the hospital, holding her breasts and taking

liberties upon her person by force and against the will of the undersigned.

Contrary to law.

Digos City, Philippines, April 22, 2017.


Ayaw Kho
Complainant

SUBSCRIBED AND SWORN TO ME before this 22nd of April,

2017 in Digos, City, Philippines. I further certify that I have personally

examined the herein complainant and I am satisfied that he voluntarily

executed and understood his affidavit.

Allen Mark Lupera


Counsel

Witnesses

SPO1 Bea Alonzo

John Lloyd Cruz


Republic of the Philippines
REGIONAL TRIAL COURT
11th Judicial Region
City of Digos

SERAFIN CHRISTENSEN,
Plaintiff,
Civil Case No. 12345
Vs Replevin

JOHN DOE,
Defendant,

/-------------------------------------------------------------/

COMPLAINT

PLAINTIFF, by counsel and unto this Honorable Court, most

respectfully alleges:

1. Plaintiff is THE MANAGER of a domestic corporation duly

organized and existing under Philippine laws with principal office at 311P.

Casal St., Quiapo, Manila, Philippines. For purposes of this action, plaintiff

may be served with all orders, notices and other processes through the office

address of its undersigned counsel;

2. Defendant JOHN DOE, with temporary address at Room 1024,

Sofitel Hotel, Manila, Philippines presently, being the person in whose

possession or custody of the subject vehicle;


3. Despite notice and demand to Defendant John Doe to surrender

the motor vehicle subject of lease which is described as follows:

Make: Ford Motor No.: 12345

Series: 2015 Chassis No.: 12345

Type of Body: Sedan Plate No.: 12345

CR No.: 12345 MVRR No.: 12345

4. Defendant failed and continued to fail to surrender the same

without any legal or justifiable cause. A copy of the said demand letter

dated June 6, 2017is hereto attached as Annex "A";

5. By virtue of the unjustifiable failure and refusal of the

Defendant to turn-over the possession of the subject motor vehicle, plaintiff

was constrained to institute the instant action and secure the services of the

undersigned counsel for attorney's fees, and damages;

6. Plaintiff is entitled to the immediate possession of the motor

vehicle described above, which Defendants are wrongfully detaining for the

purpose of depriving plaintiff of the possession thereof;;

7. That the property has not been distrained or taken for a tax

assessment or a fine pursuant to law, or seized under a writ of executed or

preliminary attachment, or otherwise placed under custodia legis, or if so

seized, that it is exempt from such seizure or custody;


8. That the estimated actual market value of the said motor vehicle

is P1,090,000.00;

9. Plaintiff is ready, willing and able to put up a good and solvent

bond of double the actual market value of the above-described motor vehicle

conditioned on the return of the same to the Defendants if such return be

adjudged, and for payment of such sum as they may recover from the

plaintiff in the instant action.

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable Court:

a) To forthwith issue a Writ of Replevin for the immediate seizure

and recovery of possession of the afore-described motor vehicle, complete

with all its accessories and equipments, together with the Registration

Certificate thereof, with authority to break open and enter any premises

where the same may be found and to direct the manual delivery thereof to

the plaintiff in accordance with law, and after due hearing, to confirm the

said seizure and delivery to plaintiff;

b) Or, in the event that manual delivery of the said motor vehicle

cannot be effected, to render judgment in favor of the plaintiff against the

Defendants, ordering them to pay plaintiff jointly and severally the principal

sum of P 1,090,000.00, plus damages, penalties, and interests until fully

paid;
c) In either case, to order Defendants to pay Plaintiff t 10%

percent of the total amount due as Attorney's Fees, and to reimburse plaintiff

its expenses for getting a replevin bond, litigation expenses as may be

proved during trial, and other expenses incurred in the seizure of the said

motor vehicle, and the cost of suit.

Other relief as may be deemed just and equitable in the premises are

likewise prayed for.

Digos City, Philippines, June 20, 2017.

Allen Mark Lupera


Counsel

(REPUBLIC OF THE PHILIPPINES)


(Province of Davao del Sur) S.S.
City of Digos
x-----------------------x

VERIFICATION / CERTIFICATION
AND AFFIDAVIT OF MERIT
I, Serafin Christensen, of legal age, Filipino, single, and a resident of

Quiapo, Manila, Philippines, after being sworn to in accordance with law

depose and state:

1. That I am the Manager of Avis Rent-a-Car, the plaintiff in the

above-captioned case which is for replevin / recovery of possession of the

following motor vehicle:

Make: Ford Motor No.: 12345

Series: 2015 Chassis No.: 12345

Type of Body: Sedan Plate No.: 12345

CR No.: 12345 MVRR No.: 12345

2. That the Plaintiff is the mortgagee of the above-described

motor vehicle and is entitled to the immediate possession thereof;

3. That the above-described motor vehicle is presently in

the possession of the Defendant JOHN DOE, or their agents, representatives

or persons acting in their behalf, and are unlawfully, maliciously and

wrongfully detaining it;

4. That the above-described motor vehicle has an estimated

actual market value of P 1,090,000.00;

5. That the said motor vehicle has not been distrained or

taken for a tax assessment or a fine pursuant to law, or seized under a writ of
execution or preliminary attachment, or otherwise placed under

custodialegis, or if so seized, that it is exempt from such seizure or custody;

6. That the plaintiff is ready, willing and able to put up a

good and sufficient bond of double the actual market value of said motor

vehicle conditioned on the return thereof to the Defendants if such return be

adjudged, and for payment of such sum as they may recover from the

plaintiff in the instant action;

7. That I have caused the preparation of the foregoing

Complaint; that I have read the allegations contained therein and I know the

contents thereof. The allegations contained herein are true and correct based

on my own personal knowledge and based on authentic records at hand;

8. That I further certify that: (a) I Serafin Christensen have

not theretofore commenced any other action or proceeding involving the

same matter in the Supreme Court, the Court of Appeals, or any other

tribunal or agency; (b) to the best of my knowledge, no such action or

proceeding is pending in the Supreme Court, the Court of Appeals, or any

other tribunal or agency; and (c) if 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 and the corporation undertake to report such fact

within five (5) days therefrom to the court or agency wherein the original

pleading and sworn certification contemplated herein have been filed.


IN WITNESS WHEREOF, I have hereunto set my hand this 20th of

June, 2017 at Digos City, Philippines.

Serafin Christensen
AFFIANT

SUBSCRIBED AND SWORN to before me, this 20th of June, by the

Affiant who is personally known to me (or whom I have identified through

competent evidence of identity) and who exhibited his/her Community Tax

Certificate No. 12345 issued at Digos City on January 10, 2017.

Allen Mark Lupera


NOTARY PUBLIC

Doc. No. 12345;

Page No. 12345;

Book No.12345;

Series of 2017.

You might also like