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NOTE: TEXT

IN RED ARE STILL TO BE EDITED TO CONFORM TO THE PARTIES


SA COMPLAINT OF REPLEVIN ITSELF. TO BE DOUBLE-CHECKED PASAD IF SAKTO
ANG COMPLAINT. SO, EVERYTHING HERE HAS TO BE REVIEWED PA GYUD.
HAHATHIS IS FROM SCRIBD RA.

PROVISIONAL REMEDIES
COMPLAINT FOR REPLEVIN (1979, 1986) BAR QUESTIONS
Question No. 17:
Mr. Gene Alfajaro, General Manager of Avis Rent-A-Car (Philippines), Inc.,
with offices at 311 P. Casal Street, Quiapo, Manila, entered into a contract for the
company whereby a car, Lancer Model 1984 valued at P290,000.00 with Plate No.
DAY-203, was rented out for the week of October 11 to 18, 1986 to Mr. John Doe,
an American who had indicated that he resides at Room 1024 of the Manila Hotel.
The car was not returned by the latter on the date agreed upon. Prepare the
verified complaint for replevin. Sign as Atty. Asunto.
Answer:
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch I, Manila
Avis Rent-A-Car (Philippines), Inc.,
Plaintiff,
- versus -

Civil Case No. 112098

JOHN DOE,

For: Replevin

Defendant.
x--------------------------------x
COMPLAINT
Plaintiff, by counsel, respectfully alleges:
1. That Plaintiff is a domestic corporation existing under the laws of the Philippines,
with offices at 311 P. Casal St., Quiapo, Manila, while defendant is an American citizen,
residing at Room 1024, Manila Hotel, where he may be served with Summons;
2. That plaintiff is the registered owner of a motor vehicle described as a Mitsubishi
Lancer, model 1984, with Plate No. DAY-203;
3. That on October 11, 1986, defendant rented from plaintiff said Lancer car for a
week from October 11 to 18, 1986;

4. That on October 20, 1986, and for the next three (3) days thereafter, plaintiff
demanded from defendant the return of the said car; but defendant avoided returning the
car by giving one reason or another;
5. That said car has not been taken for a tax assessment or fine pursuant to law, or
seized on execution or attached;
6. That the value of the said car is P290,000;
7. That plaintiff is ready and willing to give bond executed to the defendant in double
the value of the property for the return of the property to the defendant should be adjudged,
or for the payment of such sum that defendant may recover from plaintiff in the action.
WHEREFORE, plaintiff prays that:
1. The sheriff or other proper officer be ordered to take possession of the car and
dispose of it in accordance with the Rules of Court;
2. After hearing, judgment be rendered declaring that plaintiff is entitled to the
possession of the car or, should this prove unavailing, sentencing defendant to pay the value
of the car.
Manila, December 3, 1986.
ATTY. ASUNTO
XYZ Building, Manila
IBP No. 12345; 1/3/1986;Manila
PTR No.61879; 2/2/1986; Manila
Roll of Attorneys No. 12344

VERIFICATION
I, RAPHY GAYONA, subscribing under oath, hereby deposes and states that:
I am the plaintiff in the instant case.
I have read the foregoing Complaint and the allegations therein are true and correct
of my own knowledge and/or based on authentic records on hand.
I attest to the authenticity of the annexes thereof.
RAPHY GAYONA

CERTIFICATION

I certify that:
a. I have not commenced any other action or proceeding involving the same issues
in the Supreme Court, the Court of Appeals, or different Divisions thereof, or any
other tribunal or agency.
b. No such action or proceeding is pending in the Supreme Court, the Court of
Appeals, or different Divisions thereof, or any other tribunal or agency.
c. If I should learn that a similar action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals, or different Divisions thereof, or
any other tribunal or agency, I hereby undertake to notify this Honorable Court
within five (5) days from such notice.
RAPHY GAYONA

Affidavit
I, , of legal age, single, and a resident of , being sworn in accordance with law
depose and say:
1. That I am the plaintiff in an action for the delivery of personal property
against the defendant, entitled ___ in the Regional Trial Court of ____;
2. That I am the owner of said property, particularly described as follows,
to wit:
3. That the said personal property is wrongfully detained by the
defendant without any lawful cause whatsoever;
4. That the said personal property has not been taken for a tax
assessment or fine pursuant to law, or seized under an execution, or an
attachment against the property of the plaintiff;
5. That th actial value of the property is ___
Plaintiff

SUBSCRIBED AND SWORN to before me this 26th day of September, 1992 by MARY
VANILLA, exhibiting to me her Community Tax Certificate No. 12346 issued at Quezon City
on January 4, 1992.
LAWRENCE VILLEGAS
Notary Public
Until December 31, 1992
PTR No. 61879; 1/2/1992;Q.C.

IBP No. 112098; 2/2/1992; Q.C.


Roll of Attorneys No. 12344
Doc. No. 10;
Page No. 20;
Book No. V;
Series of 1992.

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