REPUBLIC OF THE PHILIPPINESNATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURTBRANCH 17

CITY OF MAKATI

JACK DANIELS,Plaintiff,

- versus - Criminal Case No. 09-7862For: Violation of B.P. 22

JOSE CUERVODefendant.

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COMPLAINT

PLAINTIFF by counsel and unto this Honorable Court most respectfully

alleges, That :

1. Plaintiff, JACK DANIELS is of legal age, Filipino, with residence and

postal address at 1362 Burgos Drive, Bel-Air Subdivision, Makati City, Metro

Manila;

2. Defendant, JOSE CUERVO, is likewise of legal age, Filipino, single, with

residence and postal address at 623 Bonifacio Avenue, Dasmariñas Village,

Makati City, Metro Manila, where he may be served with summons, orders

and other Court processes;

3. On May 16, 2015 the plaintiff, entered into a contract of sale with the

defendant. The object of the sale is the plaintiff’s slightly used car, more

particularly 2015 Subaru WRX STI in Blue Pearl color registered with plate

number AAA 8888; Photocopies of the Official Receipt and Certificate of

Registration are hereto attached and marked as Annex “A” to form as

integral part hereof;

4. In pursuance to the said sale, the plaintiff and the defendant formally

executed a Contract of Sale, photocopies of the same are hereto attached

and marked as Annex “B”  to form as integral part hereof;

5. The price agreed upon by the parties is Two Million Two Hundred Fifty

Thousand Pesos (Php 2,250,000.00) to be paid in full upon the delivery of

the above mentioned car.

6. That on May 20, 2015, the plaintiff delivered the car to the residence of the

defendant, and the latter issuing a check as full payment for the car. The

photocopy of the same is hereto attached and marked as Annex “C” and to

form as integral part hereof;

7. On the same day, the plaintiff attempted to deposit the check in his

personal account with the Rizal Commercial Banking Corporation – Buendia

Branch. However, the said bank did not honor the check as they allege that

the defendant’s account was insufficient to cover the amount drawn in the

check.

8. The Defendant, despite repeated oral and formal demands to deposit

funds to cover the amount drawn in the check or resort to another mode of

payment, adamantly refused to do so. Hence, the plaintiff, through the herein

counsel, made a formal and final demand to the defendant to fulfill his

obligation to pay. Attached is the photocopy of the Notice To Vacate herein

marked as Annex “D”  and to form as integral part hereof;

9. The Plaintiff, in order to protect his rights and interest, was constrained to

engaged the services of the herein counsel for which reason she agreed to

pay him the amount of Two Hundred Thousand Pesos (Php200,000.00) as

Attorney’s Fees and the additional sum of Five Thousasnd Pesos

(Php5,000.00) as appearance fee and transportation expenses per hearing

of the case.

WHEREFORE, premises considered it is respectfully prayed of this

Honorable Court that judgment be rendered in favor of the plaintiff, to wit:

 1. That the defendant shall be held criminally and civilly liable under Batas

Pambansa Blg. 22;

2. Ordering the defendant to return to plaintiff the object of the sale;

3. Ordering the defendant to pay or reimburse the plaintiff the cost of suit.

4. Plaintiff further prays for such other reliefs warranted under the premises.

Signed this 22nd day of September 2015 in the City of Makati.

ATTY. PAOLO ANTONIOU TRINIDADCounsel for the Plaintiff

33rd Floor, Tower 1, TRIBAR Towers, 8888 Ayala Ave. cor. Paseo de Roxas St., Makati City

IBP No. 489323/04-17-2014/Makati CityPTR No. 8702015/07-11-2015/Makati City

Roll No. 88888