REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

11th JUDICIAL REGION
Branch 10
Davao City

BAMBOO CORP
Represented by ARSE BLATHANA as the Manager
Plaintiff,

-versus

Civil Case No. 12331

For: Recovery of Possession of
Personal Property & Damages
HIRO HITO,

Defendant.
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COMPLAINT

COMES NOW Plaintiff, BAMBOO CORP., by and through undersigned

counsel, unto this Honorable Court, most respectfully states that:

1. Plaintiff BAMBOO CORP. (hereinafter referred to as “Plaintiff

Corporation” for brevity) is a corporation duly organized and existing
under the laws of the Philippines with office address at 14 Agdao,
Davao City. Plaintiff Corporation may be served with summons and
other court processes at the address of the undersigned counsel.

2. Defendant HIRO HITO (hereinafter referred to as “Hiro” for brevity)

is of legal age, and with address at Davao City, where he may be
served with summons and other court processes.

3. Plaintiff Corporation is engaged in the business of publishing books,

journals, magazines and other literary managed the technical aspect of
the business, i.e., ensuring the quality of the color separation of the
books, and acted as co-publisher, assisting in book acquisitions of
Plaintiff Corporation.

4. On 15 April 2004, Plaintiff Corporation held its annual stockholder’s

meeting. Immediately thereafter, the Plaintiff Corporation’s
 organizational meeting was held wherein the following persons were
duly elected as the officers of Plaintiff Corporation: Ms. Juanita Juan
as Chairman of the Board and President; Ms. Ma. Teresa Santos Tan
as Treasurer; and Mr. Roberto R. Santos as Corporate Secretary.
Marked and attached herewith, to form an integral part hereof, is a
copy of the minutes of the organizational meeting of Plaintiff
Corporation, as Annex “A”, and a copy of Plaintiff Corporation’s
latest General Information Sheet filed with the Securities and
Exchange Commission (SEC) reflecting theelection of the new set of
officers, as Annex “B”.

5. After having been informed of the election of the Plaintiff

Corporation’s new set of officers, Hiro obstinately refused to
acknowledge the authority of the new set of officers and stubbornly
continued to act as an officer of Plaintiff Corporation despite his utter
lack of authority.

6. To make matters worse, Hiro engaged the services of a security

agency and placed a security guard at the Plaintiff Corporation’s
business premises to bar and prevent the current officers of Plaintiff
Corporation from entering its premises. In other words, Hiro
fraudulently took possession and control of Plaintiff Corporation’s
business premises, including its warehouse, where its entire business
consisting of publishing equipment, records, books, flats, negatives,
plates, materials, etc., can be found.

7. After less than a month, Plaintiff Corporation discovered that Hiro, in

an obvious intent to clearly vex and annoy Plaintiff Corporation’s new
set of officers and to virtually paralyze Plaintiff Corporation’s
business, had secretly and surreptitiously removed the Plaintiff
Corporation’s entire existing stock of books, flats, plates and
negatives and transferred the same to another warehouse under Hiro’s
exclusive control. According to the latest information Hiro in a
warehouse located at Davao City.

8.1. The Plaintiff Corporation’s property consist of various quantities of an

assortment of titles totaling Twenty Four Thousand One Hundred Ninety
Five books valued at Two Million Three Hundred Eighty Thousand One
Hundred Fifty Seven Pesos (Php2,380,157.00), the latter amount being the
total price at which Plaintiff Corporation sells the books to the retailer.

8.2 Most, if not all, of these books are supplied to National Bookstore’s
branches nationwide for sale to the general public. Obviously, Plaintiff
Corporation has not been able to deliver these books to National Bookstore
branches since Hiro has unlawfully withheld the same in his warehouse.
Accordingly, Plaintiff Corporation stands to lose an amount of Two Million
Three Hundred Eighty Thousand One Hundred Fifty Seven Pesos
(Php2,380,157.00) representing Plaintiff Corporation’s actual costs in
producing and printing the books, and potential net income.

8.3 Marked and attached herewith, as Annex “C”, to form an integral part
hereof, is a copy of the complete list of Plaintiff Corporation’s books with
their corresponding prices, which Hiro unlawfully possesses and stores in
said warehouse.

8.4 Aside from said books, a collection of Plaintiff Corporation’s flats of

several books published by Plaintiff Corporation covering Two Thousand
One Hundred
Seventy Two (2,172) pages were also fraudulently removed by Hiro from
Plaintiff Corporation’s business premises and placed in the above-mentioned
warehouse.

8.5 Said flats, which are utilized by Plaintiff Corporation in reprinting

previously published books, have an estimated current market value of
roughly Six
Hundred Seventeen Thousand Five Hundred Pesos (Php617,500.00).

8.6 Marked and attached herewith, as Annex “D”, to form an integral part
hereof, is a copy of the list of Plaintiff Corporation’s flats currently in Hiro’s
unlawful possession.

8.7 In sum, Hiro is in possession of

Plaintiff Corporation’s property worth Two Million Nine

9. Immediately thereafter,
Plaintiff Corporation demanded from Hiro the return of the aforementioned
properties and corporate assets, but despite repeated demands, Hiro
persistently, adamantly and unlawfully refused and failed, and up to the
current time still refuses and fails, to return said properties and corporate
assets to Plaintiff Corporation, their legal and rightful owner.

10. Due to Hiro’s malicious, nefarious and spiteful act of hiding Plaintiff
Corporation’s aforementioned properties and assets, Plaintiff’s business has
suffered substantially especially since it has not been able to deliver its
books to National Bookstore branches and has not been able to accept orders
to reprint previously published books.
 CAUSES OF ACTION

11. Plaintiff Corporation repleads, reproduces and incorporates by reference

all the foregoing paragraphs as integral parts hereof and further avers that:

13. Under Section 1 of Rules 60 of the Revised Rules of Court, a court of

proper jurisdiction may grant a prayer for the provisional remedy of an order
for the delivery of the personal property to a party. Said provisional remedy
is made
available, to wit:

(a) “Sec. 1 Application. – A party praying for the recovery of possession of

personal property may, at the commencement of the action or at any time
before answer, apply for an order for the delivery of such property to him, in
the manner herein provided.” (emphasis supplied)

14. In compliance with the requirements of Sec. 2 Rule respectively, in

support of Plaintiff Corporation’s application for the provisional remedy of
replevin.

15. Plaintiff Corporation further manifests that it is ready and willing to post
the necessary bond executed to Hiro double the value of the property, i.e.,
books and flats, as stated in paragraph 8.2 and 8.5 of the instant Complaint
and affidavit mentioned, for the return of the property to Hiro, if such return
be adjudged, and for the payment to Hiro of such sum as he may
recover from the Plaintiff Corporation in the action.

16. Considering that Plaintiff Corporation’s business has been substantially

affected due to Hiro’s persistent and continued fraudulent possession of
Plaintiff Corporation’s property, Hiro should be held liable for actual
damages in the sum of One Million Pesos (Php1,000,000.00).

17. As a deterrent to Hiro from again committing the same or any other
similar fraudulent scheme and to deter other persons who are similarly
minded,
Hiro should be held liable for exemplary damages in the sum of Five
Hundred Thousand Pesos (Php500,000.00).

18. In order to protect and enforce its just, lawful, and valid rights, Plaintiff
Corporation was constrained to engage the services of undersigned law firm
for which Hiro must be made to pay Plaintiff Corporation an amount of not
less than Five Hundred Thousand Pesos (Php500,000.00), as and by way of
attorney’s fees and cost of suit.

19. The certification of the Barangay Court is not required and not
applicable considering that Plaintiff is a corporate entity.
 PRAYER

WHEREFORE, premises considered, it respectfully prayed of this

Honorable Court that:

1. Upon filing of the instant complaint and the posting and/or secure the
same in accordance with the Rules of Court.

2. After notice and hearing, Judgment be rendered in favor of the

Plaintiff Corporation and against Hiro:

(a) Adjudging that Plaintiff Corporation has the right of possession

arising from its ownership of the personal properties and corporate
assets, subject of the instant complaint, and ordering that said personal
properties and corporate assets be delivered to Plaintiff Corporation, if
still undelivered, or if material delivery be not possible, ordering Hiro
to pay Plaintiff Corporation its equivalent market value, namely the
sum of Two Million Nine Hundred Ninety Seven Thousand Six
Hundred Fifty Seven Pesos (Php2,997,657.00);

(b) Ordering Hiro to pay Actual damages in the amount of One Million
Pesos (Php1,000,000.00);

(c) Ordering Hiro to pay Exemplary damages in the amount of Five

Hundred Thousand Pesos (Php500,000.00);

(d) Ordering Hiro to pay Attorney’s fees and cost of suit in the amount of
Five Hundred Fifty Thousand Pesos (Php500,000.00); and

(e) Ordering Hiro to pay other costs and expenses as a result of litigation.

Plaintiff Corporation most respectfully prays for such other reliefs and
remedies as may be deemed just and equitable under the circumstances.
Davao City, December 2019.

EMILIO SORIANO
Counsel for the Plaintiff
4321 suite, Agdao, Davao
PTR. No. 99999/01-08-21
Roll of Atty.’s No. 99999
MCLE No. 3847, April
4, 2018
REPUBLIC OF THE PHILIPPINES )
CITY OF DAVAO ) S.S

VERIFICATION/CERTIFICATION AGAINST NON-FORUM

SHOPPING

I, ARSE BLATHANA, of legal age, after having been duly sworn in

accordance with law, depose and state that:

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

2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are true
and correct of my personal knowledge and/or on the basis of copies of
documents and records in my possession;
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;
5. 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;
6. 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.

ARSE BLATHANA
Affiant

SUBSCRIBED AND SWORN to before me this 8th day of December

2019 at Agdao, Davao City, affiant exhibiting to me his Driver’s License
with license number H05-05-000934 to expire on July 17, 2020.

Doc. No. _____; EMILIO O. SORIANO

Page No. _____; NOTARY PUBLIC
Book No. _____; Until Dec. 31, 2022
Series of 2019. Serial No. 2021-999-9999
PTR. No. 99999/01-08-21
Roll of Atty.’s No. 99999
Notarial Commission No. 2019-080-2022
IBP. Lifetime Roll No. 99999