REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

11th Judicial Region
Branch 6
Davao City

KARPHIL ASIA, INC., HEREIN

REPRESENTED BY ITS PRESIDENT
ERVEN JOHN P. CLAROS
Plaintiff,

- versus - Civil Case No. _______

For: Replevin
LEONARDO C. DICAPRIO,
Defendant.
X--------------------------X

COMPLAINT

Plaintiff, by counsel, respectfully alleges:

I
THE PARTIES

1. That Plaintiff is a domestic corporation existing under the laws

of the Philippines, with offices at Doors 5 & 6, Tropicana Building, J.P.
Laurel Avenue, Lanang, Davao City, while defendant is an American
citizen, residing at Room 1024, Dusit D2, Lanang, Davao City where
he may be served with Summons;

2. That plaintiff is the registered owner of a motor vehicle

described as a Toyota Hilux, Pick-up, with plate number AEA4369.

3. That on December 27, 2019, defendant rented from plaintiff

said Lancer car for a week from January 1 to January 7, 2020;

4. That on January 8, 2020, and for the next three (3) days
thereafter, plaintiff demanded from defendant the return of the said
car; but defendant avoided returning the car by giving one reason or
another;

5. That said car has not been taken for a tax assessment or fine
pursuant to law, or seized on execution or attached;

6. That the value of the said car is One Million One Hundred
Twenty-Seven Thousand Pesos (P1,127,000.00);

7. That plaintiff is ready and willing to give bond executed to the

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

WHEREFORE, plaintiff prays that:

1. The sheriff or other proper officer be ordered to take

possession of the car and dispose of it in accordance with the Rules of
Court;
2. After hearing, judgment be rendered declaring that plaintiff is
entitled to the possession of the car or, should this prove unavailing,
sentencing defendant to pay the value of the car.

Davao City, Philippines, February 14, 2020.

SANTOALLA and Associates Law Offices

Counsel for the Petitioner
Doors 5 & 6, Tropicana Building,
J.P. Laurel Avenue, Lanang, Davao City
Tel. Nos.: (082) 282-3662
ssantoalla@yahoo.com

By:

ATTY. STEPHANIE M. SANTOALLA

IBP NO. 071717, 12/12/19, Davao City
PTR NO. 071717, 12/12/19, Davao City
ROLL ATTORNEY NO. 11077
MCLE Comp. No. IV-0004785, 3/2/19
REPUBLIC OF THE PHILIPPINES )
DAVAO CITY )S.S.

VERIFICATION/CERTIFICATION AGAINST
FORUM SHOPPING

I, ERVEN JOHN P. CLAROS, of legal age, Filipino Citizen, married, after

having been duly sworn to in accordace with law, hereby depose and say:

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

2. That I have cause the preparation of the foregoing

Complaint/Petition and have read the allegations contained therein;

3. That the allegations in the said complaint/petition are true and

correct of my own knowledge and authentic records;

4. I hereby certify that I have not commenced any other action or

proceeding involving the same issued in the Supreme Court, Court of
Appeals, or any other tribunal or agency;

5. That if I should thereafter learned that a similar action or

proceeding has been filed or is pending before the Supreme Court,
court of Appeals or any other tribunal agency, I hereby undertake to
report that fact within five (5) days therefrom to the court or agency
wherein the original pleading and sworn certification contemplated
herein have been filed;

6. I executed this verification/certification to attest to the truth of

the foregoing facts and to comply with the provision of Adm. Circular
No. 04-94 of the Honorable Supreme Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

14th day of February 2020, in Davao City, Philippines.

ERVEN JOHN P. CLAROS

Affiant
 SUBSCRIBED AND SWORN to before me this February 14, 2020, in
the Davao City, with affiant exhibiting to me his Driver’s license no.
L06573824 issued at Davao City on April 12 2019.

Notary Public
Doc. No.____;
Page No.____;
Book No.____;
Series of 2020.