Complaint. For Recovery of Possession

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT

6th Judicial Region
Branch 34
Iloilo City
SPS. MARIANO B. PONCE and

ADRIANA P. PONCE,
Plaintiffs, CIVIL CASE NO. 19-34567
-versus- For: REPLEVIN with Prayer for

Damages
PETER JOHN L. RIVERA,

Defendants.
X----------------------------------------X
COMPLAINT
COME NOW, Plaintiffs, through the undersigned counsel and unto

this Honorable Court, most respectfully allege that:
1. Plaintiffs are both of legal age, married to each other, Filipinos and
residents of Delgado St., Iloilo City, Philippines where they may be
served with court processes;
2. Defendant is also of legal age, Filipino and also a resident of Delgado
St., Iloilo City, Philippines where he may be served with summons
and other court processes;
3. Plaintiffs are lawful owners of a motor vehicle hereinafter described
as follows:
Year Model: 2018

Make: MITSUBISHI
Series/Variant: MONTERO SPORTS 2.4L XLT
4X2 AT
Color: BLACK;
4. Said fact of ownership is further evidenced by the Vehicle Delivery

Receipt and Vehicle Invoice, where all documents bear the name of
the Plaintiff Mariano B. Ponce as owner and said documents are
hereby attached as Annexes “A”, and “B”, respectively, and are
hereby being made integral parts of this Complaint;
5. On June 30, 2018, Plaintiffs acquired the above-mentioned subject

personal property under sale on monthly installments through Bank of
the Philippine Islands;
6. Upon acquiring said motor vehicle, Plaintiffs turned the possession

over the Defendant with the undertaking that herein Defendant will be
the one to pay said monthly installments with the above-stated bank;
7. It was further agreed that herein Defendant will ultimately acquire

ownership of said motor vehicle upon its full payment and a final
Deed of Sale will be executed between the parties upon satisfaction of
payment of the above-stated motor vehicle;
8. However, Defendant deliberately refused and failed to pay the

monthly installments since September of the year 2018 until the
present, a copy of the Letter sent by the Bank of the Philippine Islands
stating such delinquencies is hereto attached as Annex “C” and is
being made an integral part hereof;
9. Because of the willful and deliberate refusal of the Defendant to pay

the monthly installments, it resulted to the demands for payment
made by the above-stated bank to the Plaintiffs;
10.Plaintiffs thereafter demanded from the Defendant to settle his
accountabilities with the bank in order for the Plaintiffs to avoid any
further legal liability that may be incurred by the Plaintiffs from the
bank as a result of such default;
11. However, Defendant just unreasonably refused to pay said monthly

installments despite several oral demands made upon him by the
Plaintiffs;
12. Plaintiffs further demanded from the Defendant that if he cannot pay
the monthly obligation to the bank, he should return the said motor
vehicle to the possession of the Plaintiffs because technically
speaking, Plaintiffs are still the lawful owners of said vehicle but
Defendant also refused to deliver the said motor vehicle to the
Plaintiffs;
13. The actual value of said motor vehicle is Nine Hundred Thousand
Pesos (P900,000.00), Philippine Currency;
14. Herein Plaintiffs are willing and ready to file a bond, executed to the
Defendant in double the value of the property stated above, for the
return of the property to the Defendant if the return thereof be
adjudged, and for the payment to the Defendant of such sum as he
may recover from the Plaintiff in the auction;
15. The above-mentioned 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
custodia legis;
16. Because of the illegal acts of the Defendant in possessing the subject
motor vehicle which he does not own and for failure to restore to the
Plaintiffs the lawful possession of said motor vehicle, Plaintiffs
engaged the services of the undersigned counsel in the amount of
Eighty Thousand Pesos (P80,000.00), Philippine Currency, as
attorney’s fees and Two Thousand Pesos (P2,000.00), Philippine
Currency, for every appearance of counsel;
17. Further, because of the same illegal acts made by the Defendant,
Plaintiffs are now in the verge of facing legal implications with the
Bank of the Philipine Islands and as a consequence of which,
Plaintiffs suffered anxiety, wounded feelings and besmirched
reputation with the said bank warranting to the award of moral
damages in the amount of One Hundred Thousand Pesos
(P100,000.00), Philippine Currency;
18. Considering that this foregoing Complaint requires urgent legal action
before this Honorable Court which is coupled with the provisional
remedy of delivery of personal property, Plaintiffs no longer
submitted this case before the Lupong Tagapamayapa of Brgy.
Delgado, Iloilo City, Philippines in order to prevent injustice from
being committed against the Plaintiffs considering that the Bank of the
Philippine Islands has already sent their written demand for payment
of the subject motor vehicle to the Plaintiffs and the continued
unlawful possession of the Defendant of the said motor vehicle also
results in the continued injury and prejudice upon the rights of the
Plaintiffs to lawfully possess the subject motor vehicle.
WHEREFORE, premises considered it is most respectfully prayed

upon this Honorable Court that judgment be rendered:
1. Ordering the Sheriff or other officer of the Court forthwith to take
such property into his custody and to dispose of it in accordance with
the Rules of Court;
2. After trial of the issues, adjudging that the Plaintiffs have the right to
the possession of the subject motor vehicle and rendering judgment
against the Defendant for the delivery of said motor vehicle to the
Plaintiffs or the actual market value thereof in case material delivery
cannot be made;
3. Ordering the Defendant to pay the costs of this suit, to pay the
attorney’s fees in the amount of Eighty Thousand Pesos (P80,000.00),
Philippine Currency, as attorney’s fees, Tw0 Thousand Pesos
(P2,000.00), Philippine Currency, for every appearance of counsel and
to pay the Plaintiffs in the amount of One Hundred Thousand Pesos
(P100,000.00), Philippine Currency, representing damages.
Other reliefs as are just and equitable in relation to the foregoing are
likewise prayed for.
RESPECTFULLY SUBMITTED.
Iloilo City, Philippines, April 30, 2019.
ATTY. CRYSTAL JOYCE DIADEM J. PIDO

Counsel for Petitioner
Pido Law Office, Jabez Bldg. Gen. Luna St., Iloilo City
Roll of Attorneys No. 65432
PTR NO. 67890, 01/06/19, Iloilo City
IBP No. 123456, 01/04/19, Iloilo City
MCLE Comp. No. IV-0009876, 02/15/19
VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING
We, MARIANO B. PONCE and ADRIANA P. PONCE, both of legal

age, Filipino, married, and a resident of Delgado St., Iloilo City, Philippines,
after being sworn in accordance with law, hereby deposes and state:
1.That we are the plaintiffs in this case;
2.That we have caused the preparation of this complaint and we have read
the same and understood the contents thereof;
3.That the allegations contained therein are true and correct of my own
personal knowledge and based on authentic records;
4.That we further certify that: we have not theretofore commenced any other
action or proceedings or filed any claim involving the same issues or matter
in any court, tribunal, or quasi-judicial agency and, to the best of my
knowledge, no such action or proceeding is pending therein; if we should
thereafter learn that the same or similar action or proceeding has been filed
or is pending before the Supreme Court, the Court of Appeals, or any other
tribunal or quasi-judicial agency, we 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, we have hereunto set my hand this 30th day of

April 2019 at Iloilo City, Philippines.
MARIANO B. PONCE
Affiant
TIN NO. 12345-003; Iloilo City
ADRIANA P. PONCE
Affiant
TIN NO. 54321-008; Iloilo City
SUBSCRIBE AND SWORN to before me , this 30th day of April 2019,

affiant exhibiting to me his Tax Identification Card as shown below his
name as competent evidence of his identity.
ATTY. CRYSTAL JOYCE DIADEM J. PIDO

Counsel for Plaintiffs
Pido Law Office, Jabez Bldg. Gen. Luna St., Iloilo City
Roll of Attorneys No. 65432
PTR NO. 67890, 01/06/19, Iloilo City
IBP No. 123456, 01/04/19, Iloilo City
MCLE Comp. No. IV-0009876, 02/15/19

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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

SPS. MARIANO B. PONCE and

-versus- For: REPLEVIN with Prayer for

PETER JOHN L. RIVERA,

COME NOW, Plaintiffs, through the undersigned counsel and unto

Year Model: 2018

4. Said fact of ownership is further evidenced by the Vehicle Delivery

5. On June 30, 2018, Plaintiffs acquired the above-mentioned subject

6. Upon acquiring said motor vehicle, Plaintiffs turned the possession

7. It was further agreed that herein Defendant will ultimately acquire

8. However, Defendant deliberately refused and failed to pay the

9. Because of the willful and deliberate refusal of the Defendant to pay

11. However, Defendant just unreasonably refused to pay said monthly

WHEREFORE, premises considered it is most respectfully prayed

Iloilo City, Philippines, April 30, 2019.

ATTY. CRYSTAL JOYCE DIADEM J. PIDO

We, MARIANO B. PONCE and ADRIANA P. PONCE, both of legal

1.That we are the plaintiffs in this case;

IN WITNESS WHEREOF, we have hereunto set my hand this 30th day of

SUBSCRIBE AND SWORN to before me , this 30th day of April 2019,

ATTY. CRYSTAL JOYCE DIADEM J. PIDO

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