National Capital Judicial Region Makati City, Branch 12
ADVENT FINANCE CORPORATION,
Plaintiff, -versus-
Civil Case No. 88
For: Recovery of Possession of Personal Property
ROLAND YOUNG, Defendant. x----------------------------------x COMPLAINT The Plaintiff, through counsel, and unto Honorable Court, most respectfully states that:
the
1.Plaintiff, is a corporation duly organized and
existing under the laws of the Philippines with office address at Makati Avenue, Makati City, where it may be served with summons and other court processes; 2.Defendant, is a Filipino, of legal age, and with address at Bel-Air Village, Makati City, where he
may be served with summons and other court
processes; 3.Plaintiff, is the lawful owner of a 1996 Mercedes Benz E230 with plate number UMN-168, which is registered in its name, evidenced with a Certificate of Registration, attached herewith as annexed A; 4.Defendant, is a former employee of the plaintiff, with a position of General Manager, to which the subject personal property hereof, was assigned, based on a car plan that the company has for its employees; 5.Upon the Courts approval of the Rehabilitation Plan submitted by Plaintiff, on August 15, 1996, the said personal property, is included in the list of the Plaintiffs assets; 6.Plaintiff, demanded the return of said personal property , but despite repeated demands, Defendant refused and still refuses to return said property; 7.Said property has not been taken from Plaintiff for tax assessment or fine pursuant to law, or seized under an execution, or attachment against the property; 8.That the actual value of said property is One Million Five Hundred Thousand Pesos (P1,500,000.00), Philippine currency; 9.Plaintiff is ready and willing to file a bond, executed to the Defendant in double the value of the property stated above, for the return of the property to the defendant if the return thereof be adjudged and for the payment to the defendant as such sum as he may recover from plaintiff in the action; WHEREFORE, Plaintiff prays for the judgment: 1.Ordering the Sheriff to take such property into his custody and to dispose of it in accordance with the Rules of Court;
2.After trial of the issues, adjudging that the
Plaintiff has the right to the possession of said personal property and rendering judgment in the alternative against the defendant for the delivery thereof to the Plaintiff of the value in case delivery cannot be made; 3.Ordering the defendant to pay the costs of this suit and for such other equitable relief in the premises. Makati City, Philippines, January 29, 2015.