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Republic of the Philippines

REGIONAL TRIAL COURT


___ Judicial Region
Branch ________, ______City

_________________________,
Plaintiffs, Civil Case No.: ________

-versus-

_________________________,., FOR: Reformation of


Defendant, Documents, Or
Declaration of Nullity of
_________________________, Documents; Writ of
Intervenors. Preliminary Injunction
x-----------------------------------------/ with TRO, Attorney’s
Fees and Damages

COMPLAINT-IN-INTERVENTION

COMES NOW, INTERVENORS, through the undersigned counsel,


unto the Honorable Court, respectfully states: That -

1. Intervenors, ________ , both are married to each other, of legal


age, Filipino with contact number ________and are residing at
________ City, where they may be served with notices, orders
and other Court processes through undersigned counsel;

2. Plaintiffs may be served with notices and other processes of


this Honorable Court through its Counsel on record;

3. Likewise, Defendant may be served with notices and other


processes of this Honorable Court through its Counsel on
record;

4. The above-mentioned Plaintiffs filed the above-entitled case


against the Defendant for Reformation of Documents, Or
Declaration of Nullity of Documents; Writ of Preliminary
Injunction with TRO, Attorney’s Fees and Damages. With the
following prayers:

a. Reformation of the Memorandum of Agreement and the two Deed


of Absolute Sale with Option to Repurchase as an equitable
mortgage or to declare the document as void for lack of meeting
of the minds;
xxx xxx xxx
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All other reliefs just and equitable under the circumstances are
likewise prayed for.

5. The basic allegations of the Plaintiffs in the Complaint which


are directly and indirectly affects the right of the Intervenors are
as follows:

a. That sometime on ________, Plaintiff and Defendant


negotiated to free Plaintiffs’ properties from bank
foreclosure wherein the parties entered into a Deed of
Absolute Sale with Option to Purchase, Memorandum of
Agreement and a Contract of Loan with Promissory Note
and Deed of Real Estate Mortgage of Parcels of Land and
Improvements;

b. On ________, Plaintiffs were surprised when Defendant


sent the former a Demand Letter citing that they have
breached the Contract of Loan with Promissory Note and
Deed of Real Estate Mortgage of Parcels of Land and
Improvements;

c. Thereafter, Defendant have represented themselves as


the new owners of the property to the tenants of Plaintiffs
(Intervenors’ lessees) in ________ that is sitting on the
property which is the subject of the two (2) Deed of Sale
with Option to Purchase, causing confusion and prejudice.

6. The Intervenors are one of the purchasers of the rights to the


units in the Building located at ________ City, specifically
described as _______________ in area. The Intervenors
purchased the same from the Plaintiff , sometime on ________,
and thereafter on ________a Deed of Sale was issued, the
same is attached to the Motion to Intervene, marked as Annex
“A”

7. Upon approval of the Complainant-Corporation through


________, Intervenors lease out ________ with the monthy
rental rate of ________ payable to the Intervenors. Herein
attached is a copy of the Lease Contract above-mention
marked as Annex “B”;

8. Thereafter refused to pay the Intervenors justifying that she


received notice from the Defendant, claiming that the latter is
the new owner and that the rentals shall be remitted to them.
Herein attached is a copy of the above-mentioned notice,
marked as Annex “C”;

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9. Defendant, up to the present, is exercising ownership over H-
Mall including the units therein, by employing security guards
to guard the premises and collecting rents from the Lessee of
the different units including from the Intervenor’s Lessee

10. The Intervenor has a legal interest in the matter in litigation, or


in the success of the complaint, or is so situated as to be
adversely affects the right of the Intervenors considering that
H-Mall are one of the properties subject to this case and the
acts of the Defendant has intercede over the right of the
Intervenors;

PRAYER

WHEREFORE, in view of the foregoing, Intervenors most respectfully


prays to this Honorable Court to order the:

1. INTERVENORS has a right over the ______________ City; and

2. DEFENDANTS to refrain from claiming rentals from the


occupants of ________ City.

Other relief just and equitable under the premises are likewise
prayed for. Respectfully submitted this __________ at Cebu City,
Philippines.

__________________
Roll No. ________
IBP OR. No. ________
MCLE Compliance No. ________
Counsel for Intervenors

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CERTIFICATION AND VERIFICATION

Republic of the Philippines)


City of Cebu ) s.s.

We, ________ , both are married to each other, of legal age, Filipino
and are residing at ________City, after having been duly sworn to in
accordance with law hereby depose and state that:

1. We are the Intervenors in the above-entitled case and have


caused the preparation of the foregoing petition. We have read
the same and the allegations thereof are true and correct to the
best of our personal knowledge and based on authentic records;

2. We hereby certify that we have not commenced any other action


or proceeding involving the same matters or issues before the
Supreme Court, the Court of Appeals or any divisions thereof, or
with any tribunal or court; that should we thereafter learn that a
similar action or proceeding has been filed or is pending with the
Supreme Court, the Court of Appeals or any division thereof, or
any tribunal or court, we undertake to report such fact within five
(5) days from knowledge thereof to the court where this pleading
is filed or pending.

IN WITNESS WHEREOF, we have hereunto set our hand this


________________ at Cebu City, Philippines.

Affiant Affiant

SUBSCRIBED AND SWORN before me, this ___________________, at


Cebu City, Philippines affiants exhibited to me the above-mentioned
identification cards bearing their photo and signature as proof of their identity.

Notary Public

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Copy furnished:

________
________
________

EXPLANATION

Pursuant to Section 11, Rule 13 of the Rules of Court, a copy of the


foregoing Complaint-in-Intervention is being served by registered mail due to
distance and lack of office personnel to effect personal service.

___________________

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