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Republic of the Philippines

National Capital Judicial Region


Regional Trial Court
Quezon City
Branch ______

CHRISTOPHER S TESTA and


JOHN THOMAS S TESTA,
Plaintiffs,

-versus- CIVIL CASE NO. __________


For: Specific Performance with
Damages

JULIO RAFAELITO A.
SANTOS, JR.,
Defendant.
x-----------------------x

Complaint

COME NOW, plaintiffs, through the undersigned counsel, to the


Honorable Court, most respectfully states, that:

1. Plaintiffs are of legal age, Filipino citizens, and with


residence and postal address at Albatros St., St. Francis Subdivision,
City of Meycauayan, Bulacan, where they may be served with notices,
orders, resolutions, decision and other processes of the court.

1.1. Defendant Julio Rafaelito A. Santos, Jr., on the other


hand, is of legal age, Filipino citizen and resident of No. 8 Rd. 9 New
Haven Village, Novaliches, Quezon City, where he may be served with
summons, notices, orders, resolutions, decision and other processes of
the court.

2. On 18 June 1999, Defendant entered into a Contract to Sell 1


with the Plaintiffs who were represented by their mother, Lina
Sarmiento-Tajima, regarding a parcel of land covered by Transfer
Certificate of Title No. T-157188 (M) 2 of the Registry of Deeds of Bulacan
Meycauayan Branch, situated at Lot No. 6 Block 2, Villa San Isidro,
Daungan, Malhacan, City of Meycauayan, Bulacan, measuring One
1
Copy of the Contract to Sell dated 18 June 1999 is hereto attached and marked as Annex A.;
2
Copy of the Transfer Certificate Title No. T-157188 (M) is hereto attached and marked as Annex B;
RTC Quezon City
Testa , et.a l., vs. Santos, Jr. Complaint
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Hundred Sixty (160) square meters (referred to hereinafter as the


property for brevity), for and in consideration of Four Thousand Six
Hundred Pesos (P4,600.00) per square meters or Seven Hundred Thirty
Six Thousand Pesos (P736,000.00) all in all.

2.1. The assessed value of the property is P21,600.00.3

3. Even prior to the execution of the same Contract to Sell, on


14 June 1999, Plaintiffs, represented by their mother, had already paid
the Defendant the amount of Three Hundred Thousand Pesos
(P300,000.00) representing the down payment for the property.4

4. In compliance with the Contract to Sell, the Plaintiffs


religiously paid the remaining balance of Three Hundred Thirty Six
Thousand Pesos (P336,000.00) until 30 May 20015 under the following
schemes:

DATE OF PAYMENT AMOUNT PAID


June 14, 1999 P300,000.00
June 18, 1999 P100,000.00
July 7, 1999 P15,000.00
July 23, 1999 P16,000.00
July 26, 1999 P20,000.00
August 3, 1999 P15,000.00
August 25, 1999 P15,000.00
September 2, 1999 P15,000.00
September 26, 1999 P15,000.00
October 5, 1999 P15,000.00
October 27, 1999 P15,000.00
November 10, 1999 P15,000.00
November 23, 1999 P15,000.00
December 5, 1999 P15,000.00
February 7, 2000 P15,000.00
March 3, 2000 P15,000.00
April 1, 2000 P15,000.00
May 5, 2000 P15,000.00
June 5, 2000 P15,000.00
July 6, 2000 P15,000.00
August 7, 2000 P15,000.00
September 7, 2000 P15,000.00
May 4, 2001 P15,000.00
May 30, 2001 P15,000.00
May 30, 2001 P15,000.00
TOTAL: P751,000.00

3
Copy of the Certification dated 17 October 2016 is hereto attached and marked as Annex C;
4
Copy of the Receipt dated 14 June 1999 is hereto attached and marked as Annex D;
5
Copies of the Receipts from 18 June 1999 to 30 May 2001 are hereto attached and marked as Annexes E
and series
2
RTC Quezon City
Testa , et.a l., vs. Santos, Jr. Complaint
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5. Despite full payment, however, due to financial constraints,


Plaintiffs have failed to prepare the necessary amount for the payment
of registration fees, documentary stamps, science stamps, and other
incidental expenses (other fees) appertaining to the issuance of the
corresponding Transfer Certificate of Title and the execution of a deed
of conveyance pursuant to Par. 3 of the Contract to Sell.

6. On 02 November 2016, the Plaintiffs finally became disposed


to pay the other fees, hence, Plaintiffs, through counsel, sent a letter to
the Defendant requesting coordination to facilitate the same payment.6

7. On account of Defendants failure to respond to the first


letter, on 27 November 2016, Plaintiff, through counsel, sent another
letter reiterating the same demand which remains unheeded and
ignored as of the filing of this Complaint.7

8. Due to defendants actuations, plaintiff suffered sleepless


nights, besmirched reputation, wounded feelings, serious anxiety and
the like injuries for which, Defendant should be held liable to pay FIFTY
THOUSAND PESOS (P50, 000.00) as moral damages;

14. As a consequence of the continuous refusal of the Defendant


to cede to Plaintiffs valid and legal demand, Plaintiff was compelled to
secure the services of the undersigned counsel with whom he agreed to
pay the amount of FIFTY THOUSAND PESOS (P 50, 000.00) as and by
way of attorneys fees plus FOUR THOUSAND PESOS (P 4,000.00) for
every hearing.

Prayer

6
Copies of the letter dated 02 November 2016 and the corresponding LBC Receipt (126413457834) and
Registry Receipt (RD 642 926 145 ZZ) are hereto attached as Annexes F and series
7
Copies of the letter dated 27 November 2016 and the corresponding LBC Receipt (126412747841) and
Registry Receipt (RD 642 926 689 ZZ) are hereto attached as Annexes G and series

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RTC Quezon City
Testa , et.a l., vs. Santos, Jr. Complaint
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WHEREFORE, premises considered, plaintiff prays that after


appropriate proceedings, judgment be rendered as follows:

1. Ordering Defendant Julio Rafaelito A. Santos to


execute a Deed of Absolute Sale in favor of Plaintiffs and to
surrender the Owners Duplicate Copy of the Transfer
Certificate of Title No. T-157188(M).

2. Ordering defendant to pay the amount of FIFTY


THOUSAND PESOS (P50,000.00) to Plaintiff by way of
moral damages;

3. Ordering defendant to pay plaintiff the amount


of FIFTY THOUSAND PESOS (P 50,000.00), as attorneys
fees and FOUR THOUSAND PESOS (P 4,000.00) for every
appearance in court hearings; and

4. Ordering defendant to pay the cost of this suit.

Plaintiff pray for such other relief as maybe deemed just and
equitable under the foregoing circumstances.

City of Malolos, Bulacan for Quezon City, 01 December 2016.

ANIAG LAW OFFICE


Counsel for the Plaintiff
2 Level Midtown Building, Paseo del Congreso,
nd

Catmon, City of Malolos, Bulacan


aniaglaw@gmail.com
Telefax 044 794 37 26

By:

MARK ANTHONY V. ANIAG


Roll No. 56973
Lifetime IBP LRN 011330 / Bulacan
PTR No. 1791873 / 01-06-2016 Malolos
MCLE No. VI-0000368 / 08-01-16