REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

Fifth Judicial Region
Branch ____, Legazpi City

B
Plaintiff,

-versus- CIVIL CASE NO. ______

For: Specific Performance
A
Defendant.
X ----------------------------------------X

COMPLAINT

PLAINTIFF, thru the undersigned Counsel, unto this Honorable

Court, respectfully alleges:

1. That Plaintiff is of legal age, Filipino, single, and with residence

at Legazpi City;

2. That Defendant is also of legal age, Filipino, single and with

residence at Legazpi City, where he could be served with
summons and other processes of the Court;

3. That the Defendant entered into a contract of sale with the

Plaintiff regarding a parcel of land known as lot number 1, a
photocopy of which is attached hereto as Annex A;

4. That the two contracting parties agreed that the purchasing

price of the lot will be 20,000 pesos per square meter. The area
of lot is 300 square meters and therefore the overall amount to
be paid is 6,000,000 pesos, a photocopy of which is attached
hereto as Annex B;

5. That part of the land purchase contract is the agreement of the

two contracting parties that the payment of purchase price shall
be on installment basis for a period of 2 years, a photocopy of
such is attached as Annex C;

6. That within 2 years, the plaintiff completed the payment of

purchase price. And in return, the plaintiff demanded the
 delivery of that number in the deed of conveyance covering the
same lot from the Defendant, a photocopy of the deed of
conveyance is attached as Annex D;

7. That as of to date of filing this complaint, the Plaintiff has not

received the deed of conveyance from the Defendant;

RELIEF

WHEREFORE, the above premises considered, by reason of

the above-mentioned breach of the subject land purchase contract
agreement made by the defendant, it is respectfully prayed of this
Honorable Court after hearing on the merits, that:

1. Defendant be compelled to to deliver the deed of conveyance

for the lot purchased;

2. Defendant be ordered to pay back the Plaintiff the actual selling

price of the land amounting to 6,000,000 if he cannot produce
the deed of conveyance of the said lot purchased;

3. Defendant be ordered to pay legal expenses for the amount of

Thirty Thousand Pesos (₱30,000.00);

4. Defendant be ordered to pay exemplary damages for the

amount of Thirty Thousand Pesos (₱30,000.00):

5. Defendant be ordered to pay the cost suit;

6. Such other reliefs that the Honorable Court deems as just and
equitable

Legazpi City, 7 October 2019

RACHEL K. CERDEÑO
Counsel for the Plaintiff
Tiwi, Albay
Roll No. ________ IBP No. __________ dated _________
 VERIFICATION AND CERTIFICATIO OF NON-FORUM
SHOPPING

I, B, of legal age, single, Filipino and the plaintiff in the above

entitled case, after being duly sword to in accordance with law, do
hereby depose and state:

1. That I am the plaintiff in the above-entitled case;

2. That I caused the preparation of the complaint and I read the

allegations contained therein and understood each of them to
be true and correct of my own personal knowledge and beliefs
and based on authentic documents;

3. That I further certify that I have not commenced any action or

proceeding involving the same issues in the Supreme Court,
the Court of Appeals or different divisions thereof, or any court,
tribunal or agency;

4. That in the event that any action involving the same should be
made known, I hereby bind myself to report the same within five
(5) days from knowledge thereof to this Honorable Court.

IN WITNESS WHEREOF, I hereunto affixed my signature this 7th

day of October, 2019 at Legazpi City, Albay, Philippines.

B
Plaintiff

SUBSCRIBED AND SWORD TO before me this 7 day of October,

2019 at Legazpi City.