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(Complaint for Replevin / Recovery of Personal Property)

(CAPTION)

C O M P L A I N T

PLAINTIFF, by counsel and unto this Honorable Court, most respectfully alleges:

1. Plaintiff is a domestic corporation duly organized and existing under Philippine laws with principal
office at _____________, Philippines. For purposes of this action, plaintiff may be served with all
orders, notices and other processes through the office address of its undersigned counsel;
2. Defendant _____________ is of legal age, Filipino and may be served with summons, orders and
other processes of this Honorable Court at (his/her) last known address at _____________,
Philippines;
3. Defendant JOHN DOE, whose real name and address is presently unknown to Plaintiff, is herein
joined as an alternative party defendant being the person in whose possession or custody the
mortgaged chattel subject of this action may have been transferred or could be found considering
that the subject chattel, by its nature, is easily transferable;
4. On _____________, for value received, Defendant _____________ executed and delivered to the
Plaintiff a Promissory Note in the sum of __________________________ (P_____________),
Philippines Currency, payable in _____________ (_____) successive monthly instalments in the
amount of P_____________ each according to the schedule of payment indicated in said Promissory
Note, a copy of which hereto attached as Annex "A" made an integral part hereof;
5. In order to secure the payment of the above mentioned Promissory Note and other obligations
defined in the Chattel Mortgage Contract, Defendant _____________ executed in favor of the
herein plaintiff on the same date, a Chattel Mortgage over the motor vehicle described below, a
copy of which is hereto attached as Annex "B" and made integral part hereof:
Make: _____________ Motor No.: _____________
Series: _____________ Chassis No.: _____________
Type of Body: _____________ Plate No.: _____________
CR No.: _____________ MVRR No.: _____________


6. That the above-described motor vehicle is presently in the possession of the Defendants
_____________ or the defendant JOHN DOE, or their agents, representatives or persons acting in
their behalf, and are unlawfully, maliciously and wrongfully detaining it;
7. Defendant _____________ defaulted in complying with the terms and conditions of the said
Promissory Note and Chattel Mortgage (Annexes "A" and "B") by failing to pay (his/her) instalments
due since _____________ for this reason, plaintiff demanded from said Defendant the payment of
(his/her) outstanding account but Defendant still failed and refused to do so. Copy of Plaintiff's
demand letter dated _____________ is hereto attached as Annex "C" and made an integral part
hereof;
8. Thus, pursuant to the provisions of the Chattel Mortgage, plaintiff initiated a Petition for Extra-
Judicial Foreclosure of Chattel Mortgage under Act 1508 with the Office of the (City/Provincial)
Sheriff of _____________, a copy of which is attached hereto as Annex "D" and made an integral
part hereof;
9. Despite the foreclosure however, and despite notice and demand to the Defendant _____________
to surrender the subject motor vehicle subject for foreclosure, Defendant failed and continued to
fail to surrender the same without any legal or justifiable cause. A copy of the said demand letter
dated _____________ is hereto attached as Annex "E";
10. By virtue of the unjustifiable failure and refusal of the Defendant to turn-over the possession of the
subject chattel / motor vehicle for purposes of foreclosure, plaintiff was constrained to institute the
instant action and secure the services of the undersigned counsel for attorney's fees equivalent to
_____________ (_____%) percent of the total amount due and outstanding on the Promissory Note
and Chattel Mortgage, liquidated damages and expenses incurred in relation with the manual
delivery of the above-described motor vehicle, including the expenses for the payment of the
premium on the replevin bond filed in support of the prayer for the issuance of a warrant for the
seizure thereof;
11. Plaintiff is entitled to the immediate possession of the mortgaged motor vehicle described above,
which Defendants are wrongfully detaining for the purpose of defeating plaintiff's mortgage lien
thereon;
12. That the property has not been distrained or taken for a tax assessment or a fine pursuant to law, or
seized under a writ of executed or preliminary attachment, or otherwise placed under custodialegis,
or if so seized, that it is exempt from such seizure or custody;
13. That the estimated actual market value of the said motor vehicle is P_____________;
14. Plaintiff is ready, willing and able to put up a good and solvent bond of double the actual market
value of the above-described motor vehicle conditioned on the return of the same to the
Defendants if such return be adjudged, and for payment of such sum as they may recover from the
plaintiff in the instant action.

P R A Y E R

WHEREFORE, it is most respectfully prayed of this Honorable Court:
a) To forthwith issue a Writ of Replevin for the immediate seizure and recovery of possession of
the afore-described chattel / motor vehicle, complete with all its accessories and equipments,
together with the Registration Certificate thereof, with authority to break open and enter any
premises where the same may be found and to direct the manual delivery thereof to the
plaintiff in accordance with law for purposes of foreclosure, and after due hearing, to confirm
the said seizure and delivery to plaintiff;
b) Or, in the event that manual delivery of the said motor vehicle cannot be effected, to render
judgment in favor of the plaintiff against the Defendants, ordering them to pay plaintiff jointly
and severally the principal sum of P_____________, plus liquidated damages, penalties, and
interests until fully paid;
c) In either case, to order Defendants to pay Plaintiff the sum of _____________ (_____%) percent
of the total amount due as Attorney's Fees, and to reimburse plaintiff its expenses for getting a
replevin bond, litigation expenses as may be proved during trial, and other expenses incurred in
the seizure of the said motor vehicle, and the cost of suit.
Other relief as may be deemed just and equitable in the premises are likewise prayed for.
Date _____________, Philippines, __Date__.

(COUNSEL)


REPUBLIC OF THE PHILIPPINES)
Province of ____________________) S.S.
City/Municipality of _____________)
x - - - - - - - - - - - - - - - - - - - - - - - x

VERIFICATION / CERTIFICATION
AND AFFIDAVIT OF MERIT

I, _____________, of legal age, Filipino, (single / married / widow), and a resident of
_____________, Philippines, after being sworn to in accordance with law, depose and state:

1. That I am the Manager of _____________, the plaintiff in the above-captioned case which is for
replevin / recovery of possession of the following motor vehicle:

Make: _____________ Motor No.: _____________
Series: _____________ Chassis No.: _____________
Type of Body: _____________ Plate No.: _____________
CR No.: _____________ MVRR No.: _____________

2. That the Plaintiff is the mortgagee of the above-described motor vehicle and is entitled to the
immediate possession thereof for purposes of foreclosure of the Chattel Mortgage on the said motor
vehicle;

3. That the above-described motor vehicle is presently in the possession of the Defendants
_____________ or a certain JOHN DOE, or their agents, representatives or persons acting in their
behalf, and are unlawfully, maliciously and wrongfully detaining it;

4. That the above-described motor vehicle has an estimated actual market value of P_____________;

5. That the said 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
custodialegis, or if so seized, that it is exempt from such seizure or custody;

6. That the plaintiff is ready, willing and able to put up a good and sufficient bond of double the actual
market value of said motor vehicle conditioned on the return thereof to the Defendants if such
return be adjudged, and for payment of such sum as they may recover from the plaintiff in the
instant action;

7. That I have caused the preparation of the foregoing Complaint; that I have read the allegations
contained therein and I know the contents thereof. The allegations contained herein are true and
correct based on my own personal knowledge and based on authentic records at hand;

8. That I further certify that: (a) I and the plaintiff _____________ have not theretofore commenced any
other action or proceeding involving the same matter in the Supreme Court, the Court of Appeals, or
any other tribunal or agency; (b) to the best of my knowledge, no such action or proceeding is pending
in the Supreme Court, the Court of Appeals, or any other tribunal or agency; and (c) if 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 and the corporation 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, I have hereunto set my hand this _____________ at _____________,
Philippines.



AFFIANT


(Jurat for an Individual Affiant)

SUBSCRIBED AND SWORN to before me, this _____________, by the Affiant who is personally
known to me (or whom I have identified through competent evidence of identity) and who exhibited
his/her Community Tax Certificate No. _____________ issued at _____________ on _____________.


NOTARY PUBLIC

Doc. No. ______;
Page No. ______;
Book No.______;
Series of 20____.