New Interpleader
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![Page 1: New Interpleader](https://reader035.fdocuments.us/reader035/viewer/2022081806/563dbabb550346aa9aa795ae/html5/thumbnails/1.jpg)
Republic of the Philippines
MUNICIPAL TRIAL COURT IN CITIES 7th JUDICIAL REGION
Talisay City, Cebu
Supt. COOL KID,
Plaintiff, CIVIL CASE No. _____________
- versus - FOR: Interpleader
JUAN DE LA CRUZ and PEDRO TAMAD ,
Defendants, x-------------------------------------------\
COMPLAINT
PLAINTIFF, through counsel alleges:
1. Plaintiff is of legal age, Filipino citizen and a resident of Talisay City,
Cebu, Philippines. He is currently the Chief of Police, Talisay City Police
Station, Talisay City, Cebu, where he may be served with summons and other
legal processes of this Honorable Court.
2.Defendant JUAN DE LA CRUZ is of legal age, Filipino, married, and a
resident of Palma St., corner Arellano Blvd., Cebu City, where he may be served
with summons and other legal processes of the Honorable Court;
On the other hand, defendant PEDRO TAMAD is also of legal age, Filipino,
married, and a resident of Dumlog, Talisay City Cebu, where he may be served
with summons and other legal processes of the Honorable Court;
3.On or about 08 January 2007, plaintiff found an ABANDONED
MOTORCYCLE without any plate number near the Talisay City Police Station,
Talisay City, Cebu, Philippines, and which he seized and brought to the police
station.
4. In the morning of January 10 2007, defendant JUAN DE LA CRUZ came
to the Talisay City Police Station, Talisay City, Cebu, and claimed ownership
over the said MOTORCYLE by virtue of a Deed of Sale dated January 1, 2007,
and requested the plaintiff to turn over to him the said motorcycle by paying
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Complaint Interpleader
2
whatever legal fees required of him to get the said MOTORCYLE from the
Talisay City Police Station, Talisay City, Cebu.
However, in the afternoon of that same day, January 10, 2007, defendant
PEDRO TAMAD appeared before the Talisay City Police Station, Talisay City,
Cebu, and presented himself to be the owner of the said MOTORCYCLE by
virtue of a Deed of Sale dated January 2, 2007.
5. Unfortunately, both defendants we’re not able to present any certificate
of registration issued by the Land Transportation Office, or an official receipt
issued by the said office, covering the said Motorcycle under their name.
6. Plaintiff, who claims no interest whatsoever in the subject matter of this
action, cannot determine the conflicting claims of the defendants;
7. Thus, plaintiff is bringing this action against the conflicting claimants to
compel them to interplead and litigate their several claims among themselves.
WHEREFORE, the foregoing premises considered, it is respectfully
prayed of this Honorable Court that an Order be issued summoning the
Defendants to interplead with one another in order for this Court to determine
their respective legal rights and claims over the racing bicycle in accordance
with law.
Likewise, Complainant prays that he be allowed to recover his expenses
of safekeeping, and the costs of this suit, to be charged as first lien upon the
subject matter of this action.
Other relief just and equitable under the premises are likewise prayed
for.
_____ January 2007, Talisay City, Cebu, Philippines.
______________________
SUPT. AUDI VILLACIN
Chief of Police, Talisay City Police Station, Talisay City Cebu
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Complaint Interpleader
3
V E R I F I C A T I O N / CERTIFICATION
I, Supt. COOL KID, of legal age, Filipino, married, and a resident of c/o Talisay City Police Station, after having been duly sworn to in accordance with
law, do hereby depose and state: THAT –
1. I am the Complainant in the above-entitled case;
2. I have caused the preparation and filing of the foregoing
Complaint; 3. I have read and understood all its contents; and the allegations
therein are true and correct of My own personal knowledge and
belief; 4. That 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; that to the best of my knowledge, no such action or proceeding is pending in the said
courts/tribunal/agency, and that should I learn of such fact, I will
notify the Court within five (5) days from such notice.
IN WITNESS WHEREOF, I have hereunto affixed My signature this
_____th day of January 2007 at Cebu City, Philippines.
________________________ Supt. COOL KID
Affiant
SUBSCRIBED AND SWORN to before me this ____th day of January,
2006 at Cebu City, Philippines.
Copy furnished:
Atty. Colleen Guantero Suite 301 SRA Bldg., 54 D Jakosalem St.,
Cebu City
Explanation: A copy hereof is furnished to the Adverse party thru registered mail due to lack of office personnel to effect personal service, and time
constraints.
Anabelle M. Robles