REPUBLIC OF THE PHILIPPINES

NINTH JUDICIAL REGION

REGIONAL TRIAL COURT
ZAMBOANGA CITY
Sam Sung,

CIVIL CASE NO. __03____

Plaintiff,
FOR: SPECIFIC PERFORMANCE

-versusGal Axy,
Defendant.
X----------------------------------X
AMENDED COMPLAINT
COMES NOW, the Plaintiff by the undersigned counsel unto the Honorable Court respectfully
alleges;
1. That Plaintiff, Sam Sung, is of legal age, married, Filipino citizen and a resident of
Tetuan, Zamboanga City where he may be served with summons and other court
processes;
2. That Plaintiff operates a small business of selling DVDs, belts, sunglasses, watches and
towels near the Bus Terminal at Guiwan, Zamboanga City.
3. That on December 1, 2014, Gal Axy, of legal age and a resident of Bis, Cagayan de Oro
City, posted online through social media, in http://www.facebook.com specifically, that
he was selling his car, a 2011 model Honda Jazz, subject to negotiations.
4. That on the same day at around 9 oclock in the evening, upon seeing his post, Plaintiff
contacted Gal Axy through the said social media site to communicate his interest in
buying his car.
5. That defendant contacted him back on the same day and initially offered to sell to him his
car for six hundred thousand pesos (Php 600,000.00).
6. That plaintiff countered his offer and was able to lower the price to five hundred thousand
pesos (Php 500,000.00), to which he agreed.
7. That apart from the agreed price, plaintiff and defendant also agreed that they would meet
for the payment and delivery of the car at the Grand Hotel around 1 oclock in the
afternoon on December 5, 2014 at Cagayan de Oro City where the car is located.
8. That on December 3, 2014, plaintiff booked a flight to Cagayan de Oro City and
accommodations for two days at the said hotel.
9. (Amendment) That on December 3, 2014 the Plaintiff called the Defendant through his
cellular phone and offered to reduce the transaction into writing.

10. (Amendment) That the Plaintiff and the Defendant through the undersigned counsel have
executed a contract on December 04, 2014. Witnessed by both the parties common
friends, Sam Maybe and Piolo Pascua.
11. That on December 5, 2014 at around 9 oclock in the morning, plaintiff arrived at
Cagayan de Oro City and that he called Gal Axy to inform him of his arrival, but he did
not pick up his phone.
12. That plaintiff checked in at the Grand Hotel at around 11 oclock in the morning and
again tried to call Gal Axy, but again he did not pick up his phone.
13. That during plaintiffs whole stay in the said hotel in Cagayan, he consequently tried to
contact Gal Axy to pursue the deal.
14. That at around 4clock in the afternoon and afterwards, plaintiff was no longer able to
reach Gal Axy though his cellular phone.
15. That, sensing that the deal would no longer push through, plaintiff booked a flight to
Zamboanga City and left Cagayan de Oro City at around 7 oclock in the evening the
following day.
16. That up to this date, despite plaintiffs several attempts to contact defendant through the
social media site and his cellular phone, he has not yet to received any word or
explanation from Gal Axy on why he did not honor their deal.
17. That, as a result of the plaintiffs trip to Cagayan de Oro City, he incurred plane fare in
the amount of Eight Thousand, Five Hundred Forty Three Pesos and Sixty Centavos (Php
8,543.60). Attached herewith is a copy of his plane fare ticket and boarding pass, marked
as Annex A with submarkings.
18. That, plaintiff also paid Grand Hotel the amount of Four Thousand, Four Hundred Pesos
(Php 4,400.00) for his two nights stay thereat. Attached herewith as Annex B is the
Official Receipt of the Grand Hotel.
19. That, plaintiff also incurred transportation expenses in the amount of One Thousand Eight
Hundred Pesos (Php 1,800.00) in going to and from Laguindingan Airport. Attached
herewith as Annex C with submarkingsare the Official Receipt of the different Taxis he
rode while in Cagayan de Oro City.
20. That by reason of the agreement, Plaintiff had to close his business in Zamboanga City
during his two day stay in Cagayan de Oro City and was not able to realize profits from
it.
21. That, plaintiff had already informed his family that he was going to Cagayan de Oro City
to buy a car but he came back to Zamboanga City empty handed. This experience has
subjected him to mockery and ridicule from his friends and even relatives, who now
pretend to ask him where he parked his car, every time he sees them. As a result of the
botched deal, plaintiff has suffered anxiety, mental and emotional anguish and stress and
sleepless nights.
22. The enforcement of plaintiffs right has compelled him to hire the services of a lawyer,
whom he has paid the amount of Forty Thousand Pesos (Php 40,000.00) to litigate his

cause in court. Attached herewith as Annex D with submarkings is the official receipt
of the law firm and our engagement contract.
23. That, attached herewith as Annex E with submarkings, are printouts of the facebook
communications between the parties.
24. (Amendment) That, attached herewith is the photo copy of the notarized contract marked
as Annex F and the affidavits of the witnesses, Sam Maybe and Piolo Pascua, marked
as Annexes G and H respectively.
25. (Amendment) That, attached herewith is the affidavit of the Plaintiff Sam Sung marked
as Annex I
26. That, plaintiff wishes to seek redress from the Courts to compel Gal Axy to perform the
obligation he incurred to deliver the car to him, as he is ready and able to pay the price. In
any case, plaintiff wishes to additionally claim actual damages in the amount of Fourteen
Thousand, Seven Hundred Forty Three Pesos and Sixty Centavos (Php 14,743.60),
Attorneys Fees in the amount of Forty Thousand Pesos (Php 40,000.00), Temperate
Damages in the amount of Fifty Thousand Pesos (Php 50,000.00), Moral Damages in the
amount of One Hundred Thousand Pesos (Php 100,000.00), Exemplary Damages in the
amount of Fifty Thousand Pesos (Php 50,000.00) and the cost of this suit.
PRAYER
IN LIGHT OF THE FOREGOING, it is most respectfully prayed of this
Honorable Court that after due notice and hearing, judgment be rendered in favor of Plaintiff
and against defendant ordering the latter, as follows:
1. To compel the Defendant to forego with the sale, deliver the car and accept the
payment;
2. To pay unliquidated damages in the estimated amount of TEN THOUSAND
(Php10,000.00) PESOS for the unrealized profits and expenses incurred by Plaintiff
in pursuing the sale;
3. To pay Attorneys fees FORTY THOUSAND (Php40,000.00) PESOS plus TWO
THOUSAND FIVE HUNDRED (Php2,500.00) per court appearance;
4. To pay actual damages in the amount of Fourteen Thousand, Seven Hundred Forty
Three Pesos and Sixty Centavos (Php 14,743.60),Temperate Damages in the amount of
Fifty Thousand Pesos (Php 50,000.00), Moral Damages in the amount of One Hundred
Thousand Pesos (Php 100,000.00), Exemplary Damages in the amount of Fifty Thousand
Pesos (Php 50,000.00) and the cost of this suit.

Other relief and remedies that are just and equitable under the premises are likewise
prayed for.
Zamboanga City. 16 January 2015.
ATTY. FEZ BUOK
Counsel for the Plaintiff
________________________
________________________
IBP NO. ______ Zamboanga Chapter
Attorneys Roll No. ________
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
I, SAM SUNG , of legal age, married, Filipino and the plaintiff in the above entitled case,
after being duly sworn to in accordance with law do hereby depose and say;
1. That I am the plaintiff in the above-entitled case;
2. That I caused the preparation of the complaint and I read the allegations contained
therein and understood each of them to be true and correct of my own personal
knowledge and beliefs and based on authentic documents.
3. That I further certify that I have not commenced any action or proceeding involving
the same issues in the Supreme Court, the Court of Appeals or different divisions
thereof, or any court, tribunal or agency.
4. That should I learn hereafter of the filing or pendency of such action/s, I undertake to
inform this Honorable Court of said fact within five (5) days from knowledge
therefrom.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 30th of January, 2015
at Zamboanga City.
SAM SUNG
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, this 30th day of January, 2015 at
Zamboanga City, Philippines.

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2015.