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REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF MANDALUYONG CITY

DR. DONALD QUACK Plaintiff vs. MED SANTOS, INC. Defendant

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CASE NO.: X X X X X

STATEMENT OF CLAIM

Now comes Dr. Donald Quack, a Filipino Citizen and resident of #134 San Antonio Street Pasig City, Metro Manila, claimant herein, by and through his undersigned attorney, Ana Frances G. Adolfo, hereby files this claim against the above named defendant and in support thereof states as follows: FACTS

1. That Med Santos Inc. (MSI) is a diagnostic clinic, a corporation engaged in giving medical services located at Level II, Robinson Galleria Ortigas. 2. That because there are lot of competitor clinics and the high operating cost, the MSI failed to meet its sell venture. The members Board of Directors (BOD) of MSI agreed to sell the clinic and its shares. 3. Ms. Aiza Samson, not a stockholder, officer or member of the BOD, was authorized by the latter to look for potential buyers. 4. Dr. Donald Quack, manifested interest in furnishing the clinic and all the equipment.

5. On August 10, 2008, during the negotiation stage, Dr. Donald Quack received, through email, from Ms. Aiza Samson the inventory (Exhibit A) of all the equipment in the clinic. 6. On September 10, 2008, Dr. Donald Quack and MSI, as represented by Ms. Aiza Samson, entered into a Memorandum of Agreement (MOA). It was agreed among others that the purchase price of the clinic including all the equipment listed in the inventory (Exhibit A) is three million pesos (PHP 3,000,000.00). 7. Said purchase price must be paid in four equal installments for a period of two (2) years and that upon signing of the final agreement, Dr. Donald Quack shall pay a down payment of five hundred thousand pesos (PHP 500,000.00) which form part of the three million pesos (PHP 3,000,000.00) purchase price. 8. It was further agreed in the said MOA that the management of the clinic shall be transferred to Dr. Donald Quack, however, the ownership of the shares of the clinic and all the equipment shall not be transferred until the purchase price is fully paid. 9. On March 10, 2009, Dr. Donald Quack promptly paid the first installment. He paid PHP 625,000.00. 10. On September 10, 2009, Dr. Donald Quack promptly paid the second installment. He paid PHP 625,000.00. 11. On March 10, 2010, Dr. Donald Quack failed to pay the third installment. 12. On April 10, 2010, Dr. Donald Quack was informed personally by Ms. Aiza Samson that the Lease Agreement between MSI and Robinson Galleria will terminate on October 9, 2010. That MSI is obliged to remove all the equipment and other utilities belonging to MSI. 13. On October 8, 2010, MSI removed all their equipment and utilities inside the clinic. After which, notice that such premise is available for lease was duly posted. 14. That Dr. Donald Quack discovered that one (1) accuDEXA and one (1) Comed KMC 950 as listed in the inventory (Exhibit A) were missing.

I.

CONCLUDING ALLEGATIONS

15. Based on the foregoing, there is a commission of the other forms of swindling by wrongfully taking by the owner his personal property from its lawful possessor under Article 316 paragraph 3 of the Revised Penal Code by any person from the defendant, who has the capacity to go inside/out of the clinic (Members of the Board of Directors, stockholders and also Ms. Aiza Samson) may have done the taking. Art. 316. Other forms of swindling. x x x x x The owner of any personal property who shall wrongfully take it from its lawful possessor, to the prejudice of the latter or any third person x x x x 16. The taking is wrongful when it is without the consent of the possessor.1 Dr. Donald Quack was never informed by any representative of MSI that one (1) accuDEXA and one (1) Comed KMC 950 as listed in the inventory (Exhibit A) were taken by latter. 17. The elements of the crime are: 1. The offender is the owner of personal property. 2. That the personal property is in the lawful possession of another. 3. That the offender wrongfully takes it from the lawful possessor. 4. That prejudice is thereby caused to the possessor or third person. Based on the foregoing, the elements of the crime are all present in this complaint. ________________________________
1 The Revised Penal Code Criminal Law Book II by Luis B. Reyes

WHEREFORE: The Plaintiff, Dr. Donald Quack seeks for the prosecution of the perpetrarors for the crimes committed and the award of damages, including but not
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limited to moral, exemplary, attorneys fees and trial costs and for any further relief that this Honorable Court determines appropriate.

Respectfully submitted, ___________________ Atty. Ana Frances G. Adolfo ABC and Associates Law Firm 567 X Building Ayala Avenue, Makati City (02) 553-6000 Attorney for Plaintiff

EXHIBIT A

MED SANTOS, INC. INVENTORY OF EQUIPMENT EQUIPMENT accuDEXA Comed KMC 950 STOCK NUMBER 1111CAD 1578BGY 9087MOL GE BrightSpeed Edge Select CT Scanner 0789XPK Burdick Atria 3100 Welch Allyn CardioPerfect Workstation 4782GHJ 2 1 QUANTITY 2 1 3

6523NCZ GE 2000DS XLTEK NeuroMax EMG 8906MVF

2 1

EasyOne Pro Burdick HeartStride

2154HDG

8765KPU