7/18/2019 Complaint(Sharia)

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REPUBLIC OF THE PHILIPPINES

NINTH JUDICIAL REGION

SHARIA CIRCUIT COURT

ZAMBOANGA CITY

, CIVIL CASE NO. ________03_____________  

  Plai!i"",

FOR# SPECIFIC PERFORMANCE

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COMPLAINT

COMES NO, 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 Tetuan,

Zamboanga City here he may be ser!ed ith summons and other court

 processes;

". That #efendant is of legal age, married, Filipino citizen and a resident of

$is, Cagayan de %ro City here he may be ser!ed ith summons and process of 

this Honorable Court;

&. That on #ecember '1, "'1( the herein #efendant posted online through social

media, in http)**.faceboo+.com specifically, that he as selling his car, a

"'11 model Honda azz, sub-ect to negotiations.

ttached hereith is the photo copy of the post by the #efendant mar+ed as

nne/ 0;

(. That herein Plaintiff communicated ith the #efendant through the said social

media site his interest to buy the car. nd on the same day, Plaintiff and

#efendant reached a perfected consensual agreement on the price of the car to the

amount of F234 H56#74# TH%586# 9Php:'',''' P48%8 and apart from

the price, that the payment and deli!ery of the car ould be on #ecember ':,

"'1( at the <rand Hotel located at Cagayana de %ro City.

ttached hereith is the photo copy of the agreement mar+ed as nne/ 0$;

:. That on #ecember ':, "'1( hen the Plaintiff ent to Cagayan to conclude the

sale, the #efendant, despite repeated demands and tender of payment through a

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cellular phone by the Plaintiff, did not sho up on the agreed location nor did he

communicate ith the Plaintiff during the Plaintiff=s stay;

-. That as of to the date of filing this complaint, the Plaintiff has yet to recei!e any

ord nor the ob-ect of the sale from the #efendant.

>. That by reason of the agreement, Plaintiff had to close his business in Zamboanga

City during his to day stay in Cagayan de %ro City and as not able to realize

 profits from it.

. That by reason of #efendant=s un-ustified failure to appear on the agreed date of 

sale, despite repeated demands, Plaintiff as constrained to engage the ser!ices

of counsel for a fee of T46 TH%586# 9Php1','''.'' P48%8 plus %64

TH%586# F234 H56#74# 9Php1,:''.'' P48%8 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, -udgment be rendered in fa!or of

Plaintiff and against defendant ordering the latter, as follos)

1. To compel the #efendant to forego ith the sale, deli!er the car and accept the

 payment;

". To pay unli?uidated damages in the estimated amount of T46 TH%586#

9Php1','''.'' P48%8 for the unrealized profits and e/penses incurred by

Plaintiff in pursuing the sale;

&. To pay ttorney=s fees T46 TH%586# 9Php1','''.'' P48%8 plus %64

TH%586# F234 H56#74# 9Php1,:''.'' per court appearance;

(. To pay cost of the suit.

%ther relief and remedies that are -ust and e?uitable under the premises are

li+eise prayed for.

Zamboanga City. 1@ anuary "'1:.

ATTY. ________________________ 

  Counsel for the Plaintiff 

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 AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA 

 AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA 

  2$P 6%. AAAAAA Zamboanga Chapter

ttorney=s 7oll 6o. AAAAAAAA 

VERIFICATION AND CERTIFICATION OF NON$FORUM SHOPPING

2, 8B 856< , of legal age, married, Filipino and the plaintiff in the abo!e

entitled case, after being duly sorn to in accordance ith la do hereby depose and say;

1. That 2 am the plaintiff in the abo!eentitled case;

". That 2 caused the preparation of the complaint and 2 read the allegations

contained therein and understood each of them to be true and correct of my

on personal +noledge and beliefs and based on authentic documents.

&. That 2 further certify that 2 ha!e not commenced any action or proceeding

in!ol!ing the same issues in the 8upreme Court, the Court of ppeals or 

different di!isions thereof, or any court, tribunal or agency.

(. That should 2 learn hereafter of the filing or pendency of such action*s, 2

underta+e to inform this Honorable Court of said fact ithin fi!e 9: days

from +noledge therefrom.

IN ITNESS HEREOF, 2 ha!e hereunto affi/ed my signature this AAAAAAAA 

of anuary, "'1: at Zamboanga City.

Sa/ S)

  Plaintiff 

 

SUBSCRIBED AND SORN TO BEFORE ME, this AAAAAA of anuary, "'1:

at Zamboanga City.