Complaint With Prayer for Preliminary Attachment

Provisional Remedies Practice Court Submitted to: Judge Noli Diaz

Submitted by: Michelle Anne B. Recto 2010-80060

PROVISIONAL REMEDIES | JUDGE NOLI DIAZ |PRACTICE COURT|RECTO|1

Republic of the Philippines Regional Trial Court National Capital Judicial Region Branch 39, Manila Republic of the Philippines } ____________________________ MICHELLE ANNE B. RECTO Plaintiff,

} S. S.

Civil Case No.: 123456-A For: Collection of Sum

-versus-

HIMCHAN KIM Defendant,

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Complaint with Prayer for Preliminary Attachment Plaintiff thru counsel, and unto this Honorable Court, respectfully avers that: 1. Both the plaintiff and the defendant are of age and residents of Quezon City. 2. That defendant herein owes the plaintiff the amount of EIGHT HUNDRED THOUSAND PESOS (Php 800,000.00) stemming from a sale transaction entered by the parties for the sale of a second hand car. 3. That the defendant has refused to pay the sum, despite timely and consistent demand of the plaintiff. 4. That the court, in an earlier case decided in August 20, 2013 has already adjudged the plaintiff deserving of the amount prayed herein. 5. Defendant is about to remove or dispose of his property, with intent to defraud his creditors;


6. The amount due to the plaintiff is as much as the sum for which an order of attachment is sought to be granted, the defendant’s 2008 Audi R8, above all legal counterclaims on the part of the defendant; 7. Plaintiff is willing to put up a bond for the issuance of a preliminary attachment in an amount to be fixed by the court, not exceeding the sum of EIGHT HUNDRED THOUSAND PESOS Php 800,000.00 equal to the amount of the plaintiff’s claim, upon the condition that the plaintiff will pay the costs that may be adjudged to the defendant and all damages which he may sustain by reason of the attachment, if this Court so adjudge that the applicant was not entitled there to. WHEREFORE, it is respectfully prayed that: 1. Pending the hearing of this case, a writ of preliminary attachment be issued against the property of the defendant to serve as security for the satisfaction of any judgment that may be recovered herein; and 2. After due hearing on the principal cause of this action, judgment be rendered against the defendant for the sum of Php 800,000.00 with interest as may be awarded by the court from the time the litigation had started, plus costs of this suit. Other reliefs just and equitable are likewise prayed for.

IN WITNESS WHEREOF, I have hereto have hereby set their hands on the 5th day of December 2012, in Quezon City, Metro Manila

________________________ Michelle Anne B. Recto

Conforme:


________________________ Atty. Yongguk Bang

Signed in the presence of:

__________________________ Zelo Choi

________________________ Daehyun Jung


ACKNOWLEDGEMENT REPUBLIC OF THE PHILIPPINES} CITY OF QUEZON } SS. x-----------------------------------------------x BEFORE ME, a Notary Public for and in Quezon City, Philippines, this 5th Day of December, 2012, personally appeared the following persons exhibiting to me their respective identifying instruments, to wit: Name

Identifying Instrument

Michelle Anne B. Recto

TIN No: 672-098-267-000

known to me and to me known to be the same person/s who executed the foregoing complaint and prayer for Preliminary Attachment consisting of 5 pages including the page on which this Acknowledgment is written, and who acknowledged to me that the same is their free and voluntary act and deed. WITNESS MY HAND AND SEAL this 10th Day of September, 2013, at Quezon City, Philippines.

YOUNGBAE DONG Notary Public Attorney’s Roll No.: 24315672 PTR No.: 85764 01/01/2010 IBP N. 5637658, 01/01/2010 MCLE Compliance No.: 9875 Quezon City, Philippines

Doc. No.: ________ Page No.: ________ Book No.:________ Series of 2012


VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, MICHELLE ANNE B. RECTO, of legal age, after having been duly sworn in accordance with law, depose and state that: 1. I am the defendant in the above-stated case; 2. I caused the preparation of the foregoing answer; 3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and/or on the basis of copies of documents and records in my possession; 4. 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; 5. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; 6. If I should thereafter learn that 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 undertake to report that fact within five (5) days therefrom to this Honorable Court.

________________ Affiant SUBSCRIBED AND SWORN to before me this 10th day of September 2013, at the City of Quezon City, affiant exhibiting to me his Community Tax Certificate No. 125256 issued on January 3, 2013 at the City of Quezon, Philippines Doc. No. ;________ Page No. ;________ Book No. ;________ Series of 2013.



} S. S.

Civil Case No.: 123456-A For: Preliminary Injunction

-versus-


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Complaint with Application for Preliminary Injunction Plaintiff thru counsel, and unto this Honorable Court, respectfully avers that: 1. Plaintiff and defendant are both of legal age and residents of Quezon City; 2. That the plaintiff is the defendant in a confiscation case filed in the Department of Agrarian Reform: (a) That the defendant herein, as head of the confiscation bureau, has caused to be confiscated, three vans belonging to the plaintiff herein, alleging such automobiles to have been used in illegal logging activities; (b) That the vans were only rented from the plaintiff, and that the logs transported therein were all licensed and permitted to be transported as evidenced by the permits presented. (c) That plaintiff is entitled to the relief demanded and the whole or part of such relief consists in restraining the commission or continuance of the acts complained of, either for a limited period or perpetually,; or PROVISIONAL REMEDIES | JUDGE NOLI DIAZ |PRACTICE COURT|RECTO|7

(d) That the commission or continuance of some act complained of during the litigation would probably work injustice to the plaintiff since such rentals are the plaintiff’s only source of income; 3. That the plaintiff hereby applies for a writ of preliminary injunction to restrain the defendant from the act herein complained of, and for this purpose hereby offers a bond in such sum as this Honorable Court may fix. WHEREFORE, it is respectfully prayed that, after due notice and hearing, a preliminary injunction be issued forthwith to restrain defendant from doing the act herein complained of, namely confiscating the vans subject of litigation; and that after trial, said injunction be made permanent, with costs, and such further orders that are just and equitable in the premises that the court may find well deserved. IN WITNESS WHEREOF, I have hereto have hereby set their hands on the 10th day of September, 2013, in Quezon City, Metro Manila


Conforme:




__________________________ Zelo Choi

________________________ Daehyun Jung


ACKNOWLEDGEMENT REPUBLIC OF THE PHILIPPINES} CITY OF QUEZON } SS. x-----------------------------------------------x BEFORE ME, a Notary Public for and in Quezon City, Philippines, this 5th Day of December, 2012, personally appeared the following persons exhibiting to me their respective identifying instruments, to wit: Name



TIN No: 672-098-267-000

known to me and to me known to be the same person/s who executed the foregoing Complaint with Prayer for Preliminary Injunction consisting of 5 pages including the page on which this Acknowledgment is written, and who acknowledged to me that the same is their free and voluntary act and deed. WITNESS MY HAND AND SEAL this 10th Day of September, 2012, at Quezon City, Philippines.



P R O V I S I O N A L R E M E D I E S | J U D G E N O L I D I A Z | P R A C T I C E C O U R T | R E C T O | 10

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, MICHELLE ANNE B. RECTO, of legal age, after having been duly sworn in accordance with law, depose and state that: 1. I am the defendant in the above-stated case; 2. I caused the preparation of the foregoing answer; 3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and/or on the basis of copies of documents and records in my possession; 4. 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; 5. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; 6. If I should thereafter learn that 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 undertake to report that fact within five (5) days therefrom to this Honorable Court.

________________ Affiant SUBSCRIBED AND SWORN to before me this 10th day of July 2013, at the City of Manila, affiant exhibiting to me his Community Tax Certificate No. 125256 issued on September 10, 2013 at the City of Manila, Philippines Doc. No. ;________ Page No. ;________ Book No. ;________ Series of 2013.


Republic of the Philippines Regional Trial Court National Capital Judicial Region Branch 39, Manila Republic of the Philippines } ____________________________

} S. S.

MICHELLE ANNE B. RECTO Plaintiff,

Civil Case No.: 123456-A For: Receivership

-versus-

BYG Corportation Defendant,

x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - x Complaint with Application for Receivership Complainant by the undersigned attorney, and unto this Honorable Court, respectfully avers that: 1. Plaintiff and defendant are both of legal age and residents of Quezon City; 2. That the Plaintiff is applying for the receivership of BYG Corporation; a. That the defendant is a corporation, and that it has been dissolved in accordance with the procedure set out by law. 3. That the applicant for receivership has an interest in the property or fun which is the subject of the action, and that such property or fund which is the subject of the action and that such property is in danger of being lost, removed, or materially injured, unless a receiver be appointed to guard and preserve it; 4. That the appointment of a receiver in this case if the most convenient and feasible means of preserving, administering or disposing of the property in litigation.


IN WITNESS WHEREOF, I have hereto have hereby set their hands on the 10th day of September 2013, in Quezon City, Metro Manila


Conforme:



__________________________ Zelo Choi

________________________ Daehyun Jung


ACKNOWLEDGEMENT REPUBLIC OF THE PHILIPPINES} CITY OF QUEZON } SS. x-----------------------------------------------x BEFORE ME, a Notary Public for and in Quezon City, Philippines, this 10th Day of September, 2013, personally appeared the following persons exhibiting to me their respective identifying instruments, to wit: Name



TIN No: 672-098-267-000

known to me and to me known to be the same person/s who executed the foregoing Receivership consisting of 5 pages including the page on which this Acknowledgment is written, and who acknowledged to me that the same is their free and voluntary act and deed. WITNESS MY HAND AND SEAL this 10th Day of September, 2013, at Quezon City, Philippines.







Republic of the Philippines Regional Trial Court National Capital Judicial Region Branch 39, Manila Republic of the Philippines } ____________________________

} S. S.

MICHELLE ANNE B. RECTO Plaintiff,

Civil Case No.: 123456-A For: Replevin

-versus-


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Replevin Plaintiff through the undersigned counsel, and unto this Honorable Court, respectfully avers that: 1. Both the plaintiff and the defendant are of age, and residents of Quezon City; 2. Plaintiff is the owner of a certain personal property, namely, an automobile: a 2008 Audi R8, valued at EIGHT HUNDRED THOUSAND PESOS (Php 800,000.00), and more particularly described as follows, to wit: That the automobile was only rented to the defendant herein, upon the premise that weekly payments shall be made from the date that it was leased. The agreement started on June 10, 2013 but after the first two weeks, payments have stopped and the defendant has refused to return the property. That to this date, 10th of September 2013, the property has yet to be returned. 3. The said property 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 custodial legis.


4. The plaintiff herein has demanded of the defendant the delivery of said property but the latter refused and continues to refuse to do so; and 5. Plaintiff hereby executed a performance bond in double the value of the subject property, in favor of the defendant, for the return of the property to the latter if such return be adjudged and for the payment of such sum as the defendant may recover in this action. WHEREFORE, it is respectfully prayed: (a) That the property in question be ordered delivered to the plaintiff; (b) That defendant be made to pay the costs of this suit; (c) And that plaintiff be granted such further relief consistent with law and equity.



Conforme:



__________________________ Zelo Choi

________________________ Daehyun Jung


ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES} CITY OF QUEZON } SS. x-----------------------------------------------x BEFORE ME, a Notary Public for and in Quezon City, Philippines, this 10th Day of September, 2013, personally appeared the following persons exhibiting to me their respective identifying instruments, to wit: Name



TIN No: 672-098-267-000

known to me and to me known to be the same person/s who executed the foregoing Replevin consisting of 5 pages including the page on which this Acknowledgment is written, and who acknowledged to me that the same is their free and voluntary act and deed. WITNESS MY HAND AND SEAL this 10th Day of September, 2013, at Quezon City, Philippines.


Doc. No.: ________ Page No.: ________ Book No.:________ Series of 2012 P R O V I S I O N A L R E M E D I E S | J U D G E N O L I D I A Z | P R A C T I C E C O U R T | R E C T O | 18

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, MICHELLE ANNE B. RECTO, of legal age, after having been duly sworn in accordance with law, depose and state that: 1. I am the defendant in the above-stated case; 2. I caused the preparation of the foregoing answer; 3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and/or on the basis of copies of documents and records in my possession; 4. 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; 5. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; 6. If I should thereafter learn that 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 undertake to report that fact within five (5) days therefrom to this Honorable Court.




} S. S.

Civil Case No.: 123456-A For: Support Pendente Lite

-versus-

EDWARD SHEERAN Defendant,

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Complaint for Separate Support with Application for Alimony Pendente Lite Plaintiff by the undersigned attorney, and unto this Honorable Court, respectfully avers that:

1. Plaintiff and the defendant are wife and husband, respectively, having been married in Manila Cathedral with license number 98393203-xx on June 27, 2009; 2. That out of this wedlock, two (2) children were born namely Michaela Antoinnette Recto Sheeran and Mikhael Alessandro Recto Sheeran; 3. Up to September 2012, the marital relations between the plaintiff and defendant were harmonious, until defendant frequently left his home and later on refused to come back to his wife and children; That it was later discovered by the plaintiff that his husband was already cohabiting with another woman. Said infidelity and their legal separation is the subject of another case filed in the same court under Docket No C-103826921.


4. In view of this infidelity on the part of the defendant, the plaintiff was compelled to live separately, with her minor children; 5. The defendant earns a monthly income of EIGHTY THOUSAND PESOS (Php80,000.00); while the plaintiff and her children have nothing , and at present, live on the charity of friends. 6. In view of the necessities of the plaintiff and her minor children, the sum of FORTY THOUSAND PESOS (Php 40,000.00) would be a reasonable amount for the support of the plaintiff and her minor children pendente lite; 7. Plaintiff, without fault on her part, was compelled to file action for separate support, thereby having incurred the sum of FIFTEEN THOUSAND PESOS (Php 15,000.00) by way of attorney’s fees. WHEREFORE, it is respectfully prayed that: 1. Pendent elite, the defendant be ordered to pay the plaintiff the sum of FORTY THOUSAND PESOS (Php 40,000.00) per month; 2. After due hearing on the principal cause of his suit defendant be ordered to pay plaintiff by way of regular support and maintenance the sum of FIFTY THOUSAND PESOS (Php 50,000.00) per month; 3. Plaintiff recover from the defendant the sum of FIFTEEN THOUSAND PESOS (Php 15,000.00) for attorney’s fees, and the cost of this suit.



Conforme: P R O V I S I O N A L R E M E D I E S | J U D G E N O L I D I A Z | P R A C T I C E C O U R T | R E C T O | 21



__________________________ Zelo Choi

________________________ Daehyun Jung


ACKNOWLEDGEMENT REPUBLIC OF THE PHILIPPINES} CITY OF QUEZON } SS. x-----------------------------------------------x BEFORE ME, a Notary Public for and in Quezon City, Philippines, this 10th Day of September, 2013, personally appeared the following persons exhibiting to me their respective identifying instruments, to wit: Name



TIN No: 672-098-267-000

known to me and to me known to be the same person/s who executed the foregoing Support Pendente Lite consisting of 5 pages including the page on which this Acknowledgment is written, and who acknowledged to me that the same is their free and voluntary act and deed. WITNESS MY HAND AND SEAL this 28th Day of November, 2012, at Quezon City, Philippines.





________________ Affiant SUBSCRIBED AND SWORN to before me this 10th day of July 2013, at the City of Manila, affiant exhibiting to me his Community Tax Certificate No. 125256 issued on January 3, 2013 at the City of Manila, Philippines Doc. No. ;________ Page No. ;________ Book No. ;________ Series of 2013.


Complaint With Prayer for Preliminary Attachment

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