Republic of the Philippines MUNICIPAL TRIAL COURT Third Judicial Region Sta. Maria, Bulacan fond, CAPITAL SEWING MASTERS CORPORATION, Plaintiff, -versus- Civil Case No. For: Recovery of Possession \ of Personal Property AD D. RESS, | Defendant. | peed ——* | COMPLAINT Now COMES, the Plaintiff, CAPITAL SEWING MASTERSCORPORATION, by and through undersigned counsel, unto this Honorable Court, most respecttully states that Plaintiff CAPITAL SEWING MASTERS CORPORATION (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 1234 Guyong, Sta, Maria, Bulacan 3022. Plaintiff Corporation may be served with summons and other court processes at the address of the undersigned counsel. Defendant AD D. RESS (hereinafter referred to as “Defendant” for brevity) is a Filipino, of legal age, and resides at 789 Cay Pombo, Sta. Maria, Bulacan, where he may be served with summons and other court processes. ‘A copy of the Articles of Incorporation and Securities and Exchange Commission Certificate of Incorporation of Plaintiff Corporation are hereto attached marked as Annexes “A” and “B", respectively, and made a part hereof. " Plaintiff Corporation is the lawful owner of twenty (20) Sinnger 251C Double Needle Sewing Machines (hereinatter referred to as “sewing machines” for brevity) with the below-mentioned serial numbers, with a total market value of Two Hundred Forty-Si Thousand Four Hundred Philippine Pesos (Php 246 400 00). [SDNi2841 ['SDN12346 SDN12342 | SDN12347 (SONi2343 ”_1/SDN: [Spni23444 SON12355 am On March 1, 2015, Plaintiff ‘Corporation and Defendant entered into & tease agreement. for the said sewing machines. with a monthly rental of Twenty Thousand Philippine Pesos (Php 20.000) for a period of two (2) years, commencing from March 1, 2015 up to February 28. 2017, with a condition that Ten (10) days after the expiration of the lease agreement. without any written notice of intention to renew the lease. specifically from March 1, 2017 to March 10, 2017, the above-mentioned sewing machines were not yet retumed to Plaintiff Corporation. As a result, Plaintiff Corporation executed a demand letter and sent. via registered mail.to the residence of Defendanton March 11. 2017 for the return of said sewing machines, giving the latter three (3) days from the date of the letter to comply, and the possibility of filing a civil action, should she failed to comply. A copy of the demand letter, executed by Plaintiff Corporation and ‘sent to Defendantis hereto attached marked as Annex “E” and made a part hereof. However, said sewing machines were not retumed despite demand made to Defendant. even failed to receive any response from her. v ‘As consequence of the foregoing, the plaintiff has to litigate and to engage the services of the undersigned counsel in whose favor he has incurred the obligation to pay attomey’s fees in the sum of FiftyThousand Phiippine Pesos (Php50.900.00). vi Thesaid sewing machines have not been distrained, or taken for a tax assessment or fine pursuant to law, or seized under a writ of execution or preliminary attachment. or otherwise placed under custodia! legis. Mil Plaintiff Corporation 1s ready 1 4Detendant should be adjudged, or for the payment of such sum that Defendant May rBoover from plaintiff in the action. PRAYER WHEREFORE, it is respectfully prayed that this Honorabie Court tender judgment: 4, Ordering the sheriff of other officer of the Court forthwith to take possession ‘ of the subject sewing machines and dispose and/or secure it in accordance / with the Rules of Court; and 2, After notice and hearing, adjudging the Plaintiff Corporation has the right of possession arising from its ownership of the sewing machines, subject of the instant complaint, and ordering that a, Sald personal properties be delivered to Plaintiff Corporation, if still undelivered, or if material delivery be not possible, ordering Defendant to - pay Plaintiff Corporation its equivalent market value, amounting te Two wr A Hundred Forly-Six Thousand Four Hundred Philippine Pesos (Php A 246,400,00); and oy \ x b. To pay Plaintif Corporation Fifly Thousand Pesos (Php 50,000.60) as attorney's fees " wit! ir PlaintHt Corporation also prays for costs and for such other measures of relief as this Honorable Court may deem just and proper in the premises. Sta, Maria, Bulacan, September 8, 2017. MARIA PACITA M. MARINAS Counsel for the Petitioner 38715Sitio Cay Balat, PulongBuhangin, Sta, Maria, Bulacan Tel. No. (044) 912-3456 ‘mpmmarinaslrw@amall.com Roll of Attorney No. 680410 (BP Lifetime Member No. 303100 PTR No, 223344 ~ 1/5/17 Sta, Maria, Bulacan MCLE Compliance Na. 232323, 2/27/17 s sh “ahd yewe!\ VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING i, Ab A. Duct, a Filipino citizen, of legal age, after having been ck to in decordanoe with taw, hereby depose end state that: 2” CUly Sworn‘| am the President of CAPITAL SEWING MASTERSCORPORATION, the plaintiT Conoration ti the above-entitied case: 2. by my capacity as such, | hereby certify that | have caused the preparation of the foregoing complaint, 3.1 Nave rand the contents thereof and the facts stated therein are true and correct of my personal knowledge and based on authentic documents, copies of which are annexed in the foregoing complaint: 4 T furttver oertity that 4.1.1 nave not heretofore commenced any other action or proceeding ‘evolving the same issues in any other court, tribunal or quas-judicial agency. 42. To the bost of my knowledge and belief, no such action or proceeding is Pending therein; 4.3. 1F1 should thereafter lean thal the same or similar action or claim has been filed or ts pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, | undertake to report that fact within five (5) days therefrom to this Honorable Court. IN WITNESS WHEREOF. | have hereunto set my hand this 8” day of ‘September 2017 in the Municipality of Sta. Maria, Bulacan. “atin AB A. DUCT SUBSCRIBEO AND SWORN to before me this 8th day of September 2017 at the Municipality of Sta. Maria, Bulacan, affiant exhibiting to me hisPhéippme Passport. with Passport No. 123-4567899, issued on March 1, 20461 the City of Pasay ‘aheepee, a ‘ATTY. CLARICE JOY OJ. SAN JOSE NOTARY PUBLIC Commission expires on December 34 2017 Roll of Attomays No. 112233 1BP No 121212/04-08-2018/Pasig City PTR No. 12312312C/02-26-2018 MCLE Compliance No. W-123458, 222 Poblacion, Sta, Maria, Bulacan Talopnone No. (044) 912-1234 Ematt Address: cidjsanjose@gyahoo.com