REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
Manila, Branch ______

X, Inc.
Plaintiff,

- versus - Civil Case No. ____________________

For Interpleader

Y and Z
Defendants.
x---------------------------x

COMPLAINT

PLAINTIFF, by counsel and to this Honorable Court, respectfully alleges:

1) Plaintiff is a corporation duly organized and existing under the laws of the
Philippines, with principal office at Suite 501 and 502, Metropolitan Tower, 1746
Mabini Street, Malate, Manila; it is represented herein by its president, X.
Defendants Y and Z are both of legal age and with residences at Forbes Park, Makati
City, Metro Manila, Philippines and Unit 1, The Fort Residences, Bonifacio Global
City, Metro Manila, Philippines, respectively, where they may be served with
summons and other legal processes.

2) On 25 August 2017, Y subscribed to 5,000 shares of stock of plaintiff, with

par value of P1,000.00 per share, and accordingly, he was issued a certificate of
stock No. 099, which, upon his request, was in blank, he explaining that a blank
certificate would be easy to negotiate and transfer.

3) On or about 3 September 2017, a certain Z called on plaintiffs corporate

secretary, presenting and leaving to the corporate secretary Stock Certificate No. 099
in which his name was already written therein and which he claimed was endorsed
to him by Y, and asking that said certificate of stock be cancelled and a new
certificate issued to him. But before the corporate secretary could effect the transfer,
Y submitted an affidavit claiming that his Stock Certificate No. 099 was lost and
asking that the same be cancelled and a new replacement be issued to him.

4) Plaintiff, who claims no interest whatsoever in the subject matter of this

action, cannot determine the veracity of the conflicting claims of the defendants;

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 5) Confronted with the conflicting claims of ownership of said shares of stock,
plaintiff held in abeyance action of their respective claims and demanded of
defendants Y and Z to interplead and litigate their respective claims, but they refused
and continue to so refuse.

6) Plaintiff was thus constrained to file the instant complaint in interpleader

and to incur expenses of litigation, including attorneys fees, in the amount of
P600,000, which should be assessed equally between the defendants.

PRAYER

WHEREFORE, it is respectfully prayed for of this Honorable Court:

a) To issue an order summoning the defendants to interplead with one

another in order to determine their respective rights and claims; and

b) To allow plaintiff to recover his expenses of litigation and attorneys

fees in the amount of P600,000, plus costs and other fees, to be assessed
against them equally, to be charged as first lien upon the subject matter of
this action.

Other reliefs just and equitable are likewise prayed for.

Quezon City, September 6, 2017

Counsel for Plaintiff

89 P. Florentino St.,
Sta. Mesa Heights, Quezon City
Roll of Attorney 46614
IBP 43869; 1-05-09; QC
PTR 66465; 1-05-09; QC
MCLE Compliance

VERIFICATION AND CERTIFICATION

AGAINST FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES )

CITY OF ____________________ ) S.S.

I, X, of legal age, Filipino and holding office at Suite 501 and 502,
Metropolitan Tower, 1746 Mabini Street, Malate, Manila, declares under oath that:

1. I am corporate president of plaintiff in the above entitled case; I caused the

preparation of the foregoing petition;

2. The facts stated in the above complaint are true and correct to the best of
my knowledge and authentic records;

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 3. I have not commenced any action or filed any claim involving the same
issues in any court, tribunal or quasi-judicial agency and, to the best of my
knowledge, no such other action or claim is pending in them; and

4. If I should learn that the same or similar action or claim has been filed or is
pending after its filing, I shall report that fact within five (5) days from notice to the
court or where the complaint or initiatory pleading has been filed.

Quezon City, September 6, 2017

(Sgd.) X

SUBSCRIBED and sworn to before me, this ____________________ day of

________________, in the City of _______________________ by ____________
_____________________________ with Passport No. ______________________,
issued on ___________________ at _____________________.

NOTARY PUBLIC
Doc. No. _______; Commission Serial No. _______
Page No. _______; Until December 31, __________
Book No. _______; Roll of Attorney _____________
IBP No. _______/Date/Place of Issue
Series of _______. PTR No. _______/Date/Place of Issue