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BRANCH ________



vs. CIVIL CASE NO. _________

FOR: Specific Performance




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

1. That Plaintiff, JUAN DELA CRUZ is of legal age, single, Filipino Citizen and a
resident of 12 Sgt. Esguerra St. Bgy. Bagong Ilog, Pasig City, hereinafter called the

2. That Defendant, ANTONIO JOSE is likewise of legal age, single, Filipino Citizen
and a resident of 15 Ilang-Ilang St. Bgy. Caniogan, Pasig City where he may be served
with summons and other court processes, hereinafter called the DEFENDANT-VENDOR.

3. That the Defendant - Vendor is the absolute and registered owner of a parcel of
land containing an area of ONE HUNDRED (100) SQUARE METERS, more or less,
situated in Bgy. Ugong, Pasig City and covered by TCT No. 1234 of the Registry of Deeds
of Pasig City and more particularly described as follows:

TCT No. 1234

Lot 1 of the consolidation-subdivision plan Pcs-00-06513 being a

portion of the consolidation of lots 17, BLK. 377 Psd-9027 and Lot 16, Blk.
377, Psd-9027 L.R.C. Rec Nos. 699, 875 & 917) situated in the Bgy.
Ugong, City of Pasig, Provice of Metro Manila, Island of Luzon. Bounded
on the SE., along line 4-5 by Lot 18, Block 377 Psd-9027; and on the NE.,
along line 5-6 by Lot 6, along line 6-1 by Lot 7, both of Block 377, Psd-
9027. Beginning at the point marked 1 on plan, being S.18 deg. 29E.,
291.61 m. from BLLM No. 1, Ugong, thence; S.1 deg. 18W., 46.83 m. to
point 4; N. deg. 12E., 46.98 m. to point 5; S. 89 deg. 13E., 24.98m. to
point 6; S.89 deg. 08E., 7.03 m. to the point of beginning, containing an

A copy of the said certificate of title is herein attached as Annex "A" and made an
integral thereof.

4. On May 12, 2017, Defendant - Vendor was intending to sell the subject property
to Plaintiff - Vendee. Defendant - Vendor made a representation and an offer to Plaintiff -
Vendee for the sale of subject property for the sum of TWO MILLION PESOS which was
accepted by the plaintiff subject to the terms and conditions which subject however, to
further negotiation.

5. In consideration of their communication, the Plaintiff - Vendee and Defendant -

Vendor, had reached an agreement on May 25, 2017 as the terms of payment and the
purchase price in the sale of the subject property. They had agreed that Plaintiff-Vendee
will pay the Defendant-Vendor the Sum of TWO MILLION PESOS (Php 2,000,000.00) in
Philippine Currency and upon the signing of the Contract to Sell, the sum of FIVE
HUNDRED THOUSAND (Php 500,000.00) of the purchase price will be paid as down
payment and the balance thereof to be paid upon the execution and signing of the DEED
OF ABSOLUTE SALE. They also agreed that a Contract to Sell will have be executed
and signed by the parties on May 28, 2017.

6. On May 28, 2017, during the signing and execution of the Contract to Sell of the
subject property by all the parties, Plaintiff was shocked to discover that on the said
signing, the Defendant suddenly made a commotion by shouting on the said meeting that
he will not sign any contract and that he vehemently opposes the said contract.

7. His mother and siblings tried to talk to him for his sudden change of heart.
However, the Defendant - Vendor, did not wish to talk to anybody and that he would not
want to participate anymore with the transaction because he does not want to sell the
property anymore.

8. Plaintiff is left with no choice but to pursue this instant action and to seek redress
before this Honorable Court in order to enforce his rights under their legally perfected

9. By reason of this plainly baseless, unjust and oppressive acts of the

DEFENDANT-VENDOR in refusing to sign and execute and comply with their legally
perfected contract, Plaintiff has suffered Actual Damages at Php100,000.00 and Moral
Damages for besmirched reputation and ill-fame to the namesake of the Plaintiff
amounting to Php50,000.00 and Exemplary Damages to deter others from doing the
same illegal, malicious and deceitful act at Php20,000.00.
10. To protect the rights and interests of the Plaintiff, he was constrained to engage
the services of counsel at an agreed fee of Php20,000.00 for legal services and
transportation and appearance fee of Php5,000.00 per hearing actually attended and the
cost of suit.


WHEREFORE, it is respectfully prayed of this Honorable Court that judgment be

rendered in favor of the Plaintiff as follows:

1. An order be issued directing the Defendant to comply with their legally

perfected contract duly agreed upon on May 25, 2017 and to Affix his Signature in the
Contract to Sell signed and executed on May 28, 2017 in the alternative, the
DEFENDANT be considered to have violated and breached upon their contract.

2. Ordering the Defendant to pay the Plaintiff Actual Damages amounting to Php
100,000.00; Moral Damages at Php 50,000.00; Exemplary Damages at Php 20,000; for
liquidated damages in the amount of ten percent (10%) of the entire purchase price which
is TWO MILLION PESOS (Php 2,000,000.00); Php20,000.00 for attorneys fees,
appearance and transportation fee of Php5,000.00 per hearing; and the costs of suit.

Other reliefs, just and equitable in the premises are likewise prayed for.
Pasig City, July 3, 2017.


Counsel for the Plaintiff
#12 Armal Bldg. Caruncho Ave.,
Bgy. San Nicolas, Pasig City


Roll of Attorney No. 61125
PTR No. 5678
IBP No. 54321
MCLE Compliance No. 09876


I, JUAN DELA CRUZ, single, of legal age, Filipino, and with residence and postal
address at, 12 Sgt. Esguerra St. Bgy. Bagong Ilog, Pasig City, being first duly sworn in
accordance with law, hereby depose and state that:

1. I am the Plaintiffs in the above-entitled case.

2. I have read the foregoing Complaint, the contents of which are true and
correct of my own personal knowledge and based on the records or evidence in our

3. I have not commenced any action or filed any claim before any court or
tribunal involving the same issues and the same subject matter involved in the
instant Complaint, and I undertake to inform this Court of any such action or
proceeding should I learn of its existence within 5 days.

SUBSCRIBED AND SWORN to before me this 3rd day of July 2017, the affiant
exhibiting to me his Drivers License No. N07-77-023368 issued in Pasig City valid until
September 17, 2018.


Gov. I.D. Drivers License
No. N07-77-023368
Issued on/at: LTO
Valid until: 9-17-2018

Notary Public for Pasig City
Roll of Attorney No. 60128
PTR No. 0987876
IBP No. 354378
MCLE Compliance No. 623457

Doc. No. 12
Page No. 13
Book No. 2
Series of 2017