Republic of the Philippines

REGIONAL TRIAL COURT

Eleventh Judicial Region
Branch 16, Davao City

JIMMEY C. KIMMEL
Plaintiff,

- versus - Civil Case No. Q-23516

For: Specific Performance with Damages

KAREN P. KARPENTERO
Defendant,

X---------------------X

COMPLAINT

COMES NOW, the Plaintiff by the undersigned counsel unto the Honorable Court
respectfully alleges;

1. Plaintiff JIMMEY C. KIMMEY is of legal age, Filipino, with residence and

postal address at Lot 5, Blk. 45, Phase 7-A, Bria Homes, Cagayan de Oro City,
where he may be served notices and other court processes;

2. Defendant KAREN P. KARPENTERO is of legal age, Filipino, with residence

and postal address at Phase 10, Kasilak Street, Country Homes, Cabantian, Davao
City where she may be served notices and other court processes;

3. That on December 27, 2019 the herein Defendant posted online through social
media, in http://www.facebook.com specifically, that he was selling his car, a
2019 model Nissan Juke, subject to negotiations.

Attached herewith is the photocopy of the post by the Defendant marked as Annex
“A”;

4. That herein Plaintiff communicated with the Defendant through the said social
media site his interest to buy the car. And on the same day, Plaintiff and Defendant
reached a perfected consensual agreement on the price of the car to the amount of
FIVE HUNDRED THOUSAND (Php500,000) PESOS and apart from the price,
that the payment and delivery of the car would be on January 06, 2020 at Jose Maria
College of Law, Phil-Japan Street, Davao City.

Attached herewith is the photocopy of the agreement marked as Annex “B”;

5. That on December 05, 2014 when the Plaintiff went to Cagayan to conclude the
sale, the Defendant, despite repeated demands and tender of payment through a
cellular phone by the Plaintiff, did not show up on the agreed location nor did he
communicate with the Plaintiff during the Plaintiff’s stay;

6. That as of to the date of filing this complaint, the Plaintiff has yet to receive any
word nor the object of the sale from the Defendant.

7. That by reason of the agreement, Plaintiff had to close his business in Cagayan de
Oro City during his two day stay in Davao City and was not able to realize profits
from it.

8. That by reason of Defendant’s unjustified failure to appear on the agreed date of

sale, despite repeated demands, Plaintiff was constrained to engage the services of
counsel for a fee of TWENTY THOUSAND (Php20,000.00) PESOS plus TEN
THOUSAND (Php 10,000.00) PESOS per court appearance as actual damages;
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 Attorney’s fees TWENTY THOUSAND (Php20,000.00) PESOS plus

TEN THOUSAND PESOS (Php10,000.00) per court appearance;

4. To pay cost of the suit.

Other relief and remedies that are just and equitable under the premises are likewise
prayed for.

Davao City. 31 January 2020.

ATTY. STEPHANIE M. SANTOALLA

Counsel for Plaintiff
SANTOALLA-CLAROS & Associates Law Firm
Doors 7 & 8, Tropical Building, Lanang
Davao City, Davao del Sur
Republic of the Philippines
(Davao City ) S.S.

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

I, STEPHANIE M. SANTOALLA, of legal age, after having been duly sworn in

accordance with law, depose and state that:

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true and correct of
my personal knowledge and/or on the basis of copies of documents and records in
my possession;

4. I have not commenced any other action or proceeding involving the same issues in
the Supreme Court, the Court of Appeals, or any other tribunal or agency;

5. To the best of my knowledge and belief, no such action or proceeding is pending in

the Supreme Court, the Court of Appeals, or any other tribunal or agency;

6. If I should thereafter learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or any other tribunal or
agency, I undertake to report that fact within five (5) days therefrom to this
Honorable Court.

Davao City, Philippines, January 31, 2020.

Stephanie M. Santoalla
Affiant

SUBSCRIBED AND SWORN to before me this 31st day of January 30, 2020
at Davao City, Philippines affiant exhibiting to me her Passport No. 58158450 issued in
DFA Davao 2019.

Doc. No.___________;
Page No.___________;
Book No.__________;
Series of 2020.