REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH 01, MANDALUYONG CITY
JACK DIMAGIBA,
Plaintiff,
- versus 003

Civil Case No.

CHILL LANG REALTY AND

Performance
DEVELOPMENT CORP.,
Defendant.

For:

Specific

x - - - - - - - - - - - - - - - - - - - - -x
COMPLAINT
PLAINTIFF, by counsel, unto this Honorable Court,
respectfully avers that:
1.

Plaintiff JACK DIMAGIBA is of legal age, Filipino citizen,

single, and presently residing at #1 St. Andrew St., Brgy. Wack Wack,
Mandaluyong City, where he may be served with summons and judicial
processes of this Honorable Court.
2. Defendant CHILL LANG REALTY AND DEVELOPMENT
CORP., is a corporation existing under and by virtue of the
laws of the Republic of the Philippines, represented by its
President, Ms. Carol Lee,

with principal office at No. 7 Y

Street, Manila, where it may be served with summons and judicial

processes of this Honorable Court;
3. At all times material to this complaint Defendant is
engage in the real estate business;

4. That on November 01, 2013, plaintiff and defendant

executed a contract to sell over the real property of the
defendant located at No. 08 Barangay Wack Wack Road,
Mandaluyong City, with an area of

THREE HUNDRED

SQUARE METERS (300 sqm2)

covered by Transfer Certificate of Title No. 14344 issued by
the Registry of Deeds for the City of Mandaluyong with a
consideration of TWO MILLION PESOS (P2,000,000.00),
copies of contract to sell and title are hereto attached as
Annexes A and B;

5.

Under the Contract to Sell, plaintiff will pay the

balance of the contract price of ONE MILLION PESOS

(P1,000,000.00) on or before June 20, 2014 and the
defendant will execute a Deed of Absolute Sale over the said
real property;

6.
balance

On June 15, 2014, plaintiff settled and paid its

in

the

amount

of

ONE

MILLION

PESOS

(P1,000,000.00) to the defendant over the said real property

in accordance with the contract to sell, copy of the receipt
showing its full payment is hereto attached and marked as
Annex C;
7.

Defendant despite the full payment made by the

plaintiff refused to execute a Deed of Absolute Sale over the

real property covered by the Contract to Sell to the plaintiffs
damage and prejudice;
8. Demands was made upon the defendant to faithfully
comply with the terms and conditions of the Contract To Sell
by executing a Deed of Absolute Sale over the real property
covered by TCT No. 14344 however, the defendant failed and
refused and continue to fail and refuse to comply the same,
the latest of the demand letter dated October 25, 2014 sent
by plaintiffs counsel to the defendant is hereto attached as
Annex D.

RELIEF

WHEREFORE, premises considered, it is respectfully

prayed that, after trial, judgment be rendered against
defendant ordering the latter to strictly adhere to and
comply with the contract to sell entered and executed
between the plaintiff and defendant on November 01, 2013
by executing the Deed of Absolute Sale in favor of the
plaintiff over the real property covered by TCT No. 14344.
Plaintiff prays for other just and equitable relief in the
premises.
June 14, 2015, Mandaluyong City, Metro Manila.

Atty. Jhanelyn V. Inopia

PTR No. 834360, 01/05/15,
Mandaluyong City
IBP Life Member Roll No. 06267,
Mandaluyong City
Roll of Attorneys No. 58366
MCLE Compliance No. II 917834;
03/15/2013

Atty. Jerico Jimenez

PTR No. 906565, 05/05/15,

Mandaluyong City
IBP Life Member Roll No. 07875,
Mandaluyong City
Roll of Attorneys No. 686767
MCLE Compliance No. II 917834;
01/30/2014
VERIFICATION WITH CERTIFICATION

I, JACK DIMAGIBA, of legal age, Filipino citizen, single, and

residing at #1 St. Andrew St., Brgy. Wack Wack, Mandaluyong City, after
being duly sworn to, hereby depose and say:
That I am the plaintiff in the above-entitled Complaint;
That I have caused the preparation and filing of the foregoing
Complaint against the defendants;
That I have read the foregoing Complaint and the allegations
contained therein are true and correct of my personal knowledge and belief;
That 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;
That 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;

That 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.

JACK DIMAGIBA
Affiant

Republic of the Philippines)

City of Mandaluyong

) S.S.

SUBSCRIBED AND SWORN to before me on this 20st day of June,

2015 at Mandaluyong City, affiant exhibiting to me his Passport No.
EB2503221, issued on May 20, 2013 and valid until May 19, 2018.

Atty. Joel Torres VIII

Notary Public
PTR No. 834360789 01/05/16,
Doc. No. 85;

Mandaluyong City

Page No. 40;

IBP Life Member Roll No. 06267,

Book No. 20;

Mandaluyong City

Series of 2015.

Roll of Attorneys No. 58366

MCLE Compliance No. II 917834;
03/15/2014