Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 13
Davao City

FREDERICK F. FASTEN,
Plaintiff,
Civil Case No. 00073
- versus - For: Replevin

RAYMUND R. REGUN,
Defendant.
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COMPLAINT

Plaintiff, through the undersigned counsel, respectfully states that:

THE PARTIES

1. Plaintiff, FREDERICK F. FASTEN, is a Filipino Citizen, of legal

age and a resident of Dr. 3, Sunnypoint Apartelle, Brgy. Ma-a, Davao City;

2. Defendant, RAYMUND R. REGUN, is likewise a Filipino Citizen,

of legal age, and a resident of no. 45, Santa Fe Village, Brgy. Matina, Davao
City;

STATEMENT OF FACTS

3. Plaintiff is the owner of a certain personal property, a Subaru Forester

valued at ONE MILLION TWO HUNDRED THOUSAND PESOS
(1,200,000.00) and more particularly described as follows, to wit:

MAKE : SUBARU MOTOR NO. : 8787-00

SERIES : FORESTER SERIAL/CHASSIS NO.: 322122
TYPE OF BODY : SUV PLATE NO. : LGV-986
YEAR MODEL :2017 FILE NO. : 89897
C.R. NO. : 8985756

A motor vehicle namely a 2017 SUBARU FORESTER that

the plaintiff rented to the defendant on January 15, 2020 to be used
in plaintiff’s company outing, which van defendant failed to return
on the same day agreed by both parties.

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 ALLEGATIONS

The Plaintiff further states and alleges the following:

4. The car has not been taken for a tax assessment or a fine pursuant to
law nor has it been seized on execution or attachment. Or if so seized, that is
exempt from such seizure.

5. The plaintiff demanded from the defendant the delivery of the subject
personal property but the latter refused and continues to refuse to do so; and

6. Plaintiff is ready, willing and able to give bond in defendant’s name

in double the value of the property for the return of the property to defendant
should that be adjudged or for the payment of such sum that defendant may
recover from plaintiff in this action.

PRAYER

WHEREFORE, plaintiff most respectfully prays the following:

1. That the writ of replevin be granted directing the Sheriff or any other
authorized officer to take possession of the car and dispose of it in
accordance with the Rules of Court;

2. That the Judgment be rendered declaring plaintiff to be lawfully entitled

to the possession of the car and sentencing defendant to pay for its
value.

3. The defendant be made to pay the costs of this suit.

RESPECTFULLY SUBMITTED.

DONE.Davao City, Philippines.February 10, 2020.

(sgd.)
ATTY. JACOBO J. JUMAW
Counsel
Roll No. 54321/January 5, 2020
IBP Lifetime No. 09190
PTR No. 1276543, issued on May 05, 2019 at Davao City
MCLE No. IV-004222, issued on April 10, 2019 at Davao City
#60 Magallanes Street, Davao City

REPUBLIC OF THE PHILIPPINES)

CITY OF DAVAO ) S.S.
x----------------------------------------------x

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 VERIFICATION AND CERTIFICATION

I, FREDERICK F. FASTEN, of legal age, Filipino citizen, and a

resident of Dr. 3, Sunnypoint Apartelle, Brgy. Ma-a, Davao City, under oath,
depose and state:

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

2. That I have caused the preparation of the foregoing complaint;

3. I have read and understood the allegations therein contained and the
same are true and correct of my own personal knowledge and based
on authentic records;

4. 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; to the best of my knowledge and belief, no such
action or proceeding has been filed or is pending before the Supreme
Court, the Court of Appeals, or other tribunal or agency; that 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 under take to report that fact within
five (5) days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have signed this instrument on the 10th

day of February 2020, in the City of Davao, Philippines.

(sgd.)
FREDERICK F. FASTEN
Affiant

SUBSCRIBED AND SWORN TO before me, this 10th day of February

2020, personally appeared to me a certain FREDERICK F. FASTEN
exhibiting to me his Community Tax Certificate No. 002945 issued on
January 2020 at Davao City, Philippines and his Driver’s License No. 5233
issued on November 9, 2018 at Davao City, Philippines.

Doc. No. __ ;
Page No. ___ ;
Book No. ___;
Series of ___ .

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