REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT First Judicial Region Baguio City Branch ____

SALLY BUACK, Complainant, -versus-

CIVIL CASE No. _____ FOR: SPECIFIC PERFORMANCE and DAMAGES

SPOUSES FERNANDO AND NORBERTINA GAOKEN; Respondent, x------------------------------------------x

COMPLAINT
WITH ALL DUE RESPECT. COMPLAINANT, through the undersigned counsel most respectfully sate that:

FIRST CAUSE OF ACTION:SPECIFIC PERFORMANCE 1. Complainant SALLY D. BUACK (Sally for Brevity) is of legal age, Filipino, Brentwood Village,

single, and a resident of

Unit 1 Intervest Townhouse,

M.Roxas, Baguio City , Philippines, but maybe served summons and other processes of the Honorable Court at the undersigneds law office at 204 Otek Square, Otek St., Baguio City; 2. Defendants are likewise of legal age, Filipino citizens and residents of Buyagan La Trinidad, Benguet where they maybe served summons and other processes of the Honorable Court, 3. About the last quarter of 2006 SALLY D. BUACK was introduced to Fernando Gaoken(Gaoken for Brevity) and was offered to buy a Lot containing a total land

area of 280 square meters located at Brentwood Village, M.Roxas, Baguio City by ELISA NAMOCA, a real estate broker of Summer Capital Realty Inc. , part of the Offer is for the registered owner Gaoken to construct a Three Storey House within the offered lot; 4. SALLY D. BUACK got interested and signed a Reservation Agreement with Gaoken on November 11, 2006, and gave him $2,000.00 as reservation fee, attached herewith as Annex A is a copy of the said agreement; 5. Immediately afterwards on November 15 of the same year the parties executed a deed of Conditional Sale over the same and gave Gaoken 3 postdated checks for $17,700.33 as downpayment, copy of the said Conditional Deed of sale is hereto attached as Annex B and copies of the aforementioned checks are hereto attached as Annexes C and series; 6. Last January 25, 2007 SALLY D. BUACK was convinced by Gaoken not to purchase the entire property and instead buy one of the Units being built on the property; 7. Due to GAOKENS representation and seemingly good faith in offering the same to SALLY D. BUACK and because of the fact that the latter needed a place to utilize as her house and office in Baguio City she agreed; 8. The parties verbally agreed then that the total purchase price would be Php 4.2 Million pesos for the house and the lot; 9. The Conditional Deed of sale was thus cancelled and the payments Gaoken got from SALLY D. BUACK was applied as down payment for the purchase of the said unit less 30% of the amount as administration, representation and broker fee; 10. GAOKEN told SALLY D. BUACK that they will execute a Deed of Sale once the property is paid in full and he will thus deliver the Title at that time; 11. From that time also SALLY D. BUACK already occupied and possessed the property subject of the case; 12. Last March 1 2007 SALLY D. BUACK again gave Gaoken her second payment amounting to Php. 830,182.00 and then another on April 30, 2007 in the amount

of Php 470,000.00 and an additional Php. 300,000.00 last June 13, 2007 ( receipts); 13. SALLY D. BUACK continued giving Gaoken several amounts in the succeeding months until she was able to pay off the balance; 14. Sally then asked him for the Title of the house and lot she purchased; 15. He told me he can not deliver the title yet because he was still in the process of subdividing the same; 16. From that time I attempted several times to communicate with Gaoken and ask him to deliver the Title already, but he had many excuses of avoiding me and he never delivered the title; 17. I then called the broker Elisa Namoca to arrange a meeting with me and Gaoken to sort things out in February 2009; 18. During the meeting however he was able to induce and convince me to just execute a conditional deed of sale and asked for an additional payment of THREE HUNDRED THIRTY SEVEN THOUSAND (PHP 337,000.00) to be used for the segregation and transfer of Ownership in my name, and for the outstanding and necessary repairs of the house, with the condition that I will only pay the same after he will be able to do all the repairs and transfer the property in my name on or before August 30, 2009; 19. On February 19, 2009, We formalized our agreement by executing a Deed of Conditional Sale which was acknowledged on the same date before Notary Public Faustino Olowan of Baguio City and entered in his Notarial Register as Doc. No. 144; Page No. 30; Book No. XXV , Series of 2009.A copy of the said Deed is hereto attached as Annex E, and made an integral part of this Complaint-Affidavit; 20. Complainant have always been ready to pay the additional amount thereof to GAOKEN, however, the latter never delivered nor transferred the Title in her name nor did any repairs on the house, despite several oral demands; 21. By then it came to complainants full knowledge, from my neighbors to whom he sold portions of the property as well that, GAOKEN is presently claiming to still have an interest over the aforementioned parcel of land to other people and in

fact mortgaged the same to a financing corporation for TWELVE MILLION PESOS which I later found out from my lawyer to be CLI Financing Agency with office address at Dagupan City, Pangasinan; 22. Because of the foregoing fact I engaged the services of a lawyer who tried communicating with Gaoken, who was met with hostility and non-cooperation; 23. Sally Buack filed a case against Gaoken before the Barangay, but despite

several settings, he never appeared before the Barangay Officials which led them to issue a certificate to file action dated December 14, 2009 hereto attached as Annex F; 24. Plaintiff has performed all of the conditions of the contract that are required to be performed by plaintiff. Plaintiff remains ready and willing to perform all terms of the agreement applicable to plaintiff and to receive a good and sufficient deed to the real property as promised by defendant.

25. Plaintiff has no adequate remedy at law because the contract described in paragraph 6 was a contract for the sale of real property, and Plaintiff requires the real property that is the subject of this complaint as a residence and as a source of income. Plaintiff has no other affordable or equivalent options.

SECOND CAUSE OF ACTION: Breach of Contract/DAMAGES Plaintiff incorporates by reference paragraphs 1-22, inclusive, as if fully set forth. 26. Defendants' failure and refusal to perform its obligations under the contract constitute a breach of contract and have caused plaintiff actual damages in the amount of FOUR MILLION TWO HUNDRED THOUSAND PESOS (PHP 4, 200,000.00),

27. The contract between plaintiff and defendant corporation provides for an award of attorney fees and costs that are incurred to enforce the contract.???????

28. As a consequence for the filing of this complaint I was forced to engage the services of a lawyer to assist me in this case and spent ONE HUNDRED THOUSAND PESOS as Attorneys Fees plus TWO THOUSAND PESOS [er court appearances, 29. Because of the non-performance of defendants obligation and the possibility that that Sally D. Buack was defrauded by Gaoken, complainant suffered sleepless nights, wounded feelings, anxiety and fear for which she feels she is entitled to Moral damages in the amount of Php 500,000.00

PRAYER

WHEREFORE, plaintiff respectfully demands judgment against defendants as follows: 1. For an order that defendant specifically perform the contract and deliver the real property as described in this complaint; 2. In the event that the court does not order SPECIFIC PERFORMANCE of the contract, to order the complainant to pay FOUR MILLION TWO HUNDRED THOUSAND PESOS (PHP 4, 200,000.00) plus legal interests, as actual or compensatory damages for breach of contract; 3. For Moral Damages in the amount of Php. 500,000.00 3. For attorney fees in the amount of Php. ONE HUNDRED THOUSAND PESOS an amount determined by the court to be reasonable as authorized by agreement and according to proof; 4. For costs of suit; and ALL other reliefs just and equitable under the circumstances are likewise prayed for.

ATTY. CHRISTOPHER D. DONAAL