REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT

CEBU CITY
JERRY LATORRE

CIVIL CASE NO. xxxxxx

FOR:
Prayer for Issuance of
Writ of Replevin

Plaintiff,
versus
ABC CORPORATION,
Defendant
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COMPLAINT
COMES NOW, the plaintiff by the undersigned counsel and unto this Honorable Court, respectfully avers:
1.

That plaintiff is of legal age, Filipino and a resident of Colon, Toledo City, Philippines.

2.

That defendant, ABC Corporation is a duly organized and existing corporation under and by virtue of
Philippine laws, with capacity to sue and be sued, with principal office address at Cebu City and a
branch in Toledo City whereat it may be validly served with decisions, orders and other processes of
the Honorable Court.

3.

That plaintiff was hired as General Manager, sometime in January 2001, by the defendant in its
Motorcycle Store branch in Toledo City.

4.

That the Motorcycle Store has been in operation since year 2001 under the management of the
plaintiff.

5.

That the plaintiff is the owner of a certain personal property namely, three (3) personal motorcycles
valued at P60,000.00 each and more particularly described as follows, to wit:
MOTORCYCLE 1
Model: Dreamwave
Plate No: XYN235
Chassis No: 12685
Type:
Color: Blue
MOTORCYCLE 2
Model:
Plate No:
Chassis No:
Type:
Color:
MOTORCYCLE 3
Model:
Plate No:
Chassis No:
Type:
Color:

6.

That on April 1, 2007 while plaintiff was away, ABC Corporation forced opened the Motorcycle Store
and took away the remaining motorcycles including the three (3) personal motorcycles of the plaintiff
described above.

7.

That when the plaintiff was informed about the incident on April 1, 2007, he called up ABC Corporation
requesting the latter to return his three(3) motorcycles.

8.

That despite such demand, ABC Corporation refused to return plaintiffs three (3) motorcycles saying
that plaintiff owed them more than the value of the three (3) motorcycles for the unaccounted amount
of sales of motorcycles incurred by the plaintiff while managing its Motorcycle Store in Toledo City.

9.

That the defendant wrongfully seized the three motorcycles of the plaintiff without any court order.

10. That the subject property has not been distrained or seized under a writ of execution or preliminary
attachment, or otherwise placed under custodia legis.
11. That plaintiff is willing to post bond, executed in favor of the defendant, in double the value of the
property, for the return of the property to the defendant if such return be adjudged.
PRAYER
WHEREFORE, premises considered it is most respectfully prayed of this Honorable Court to render
judgment, as follows:
a.

Immediately after the filing of the complaint:

1. an order be issued granting the issuance of a Writ of Replevin.
2. Upon the filing by the plaintiff of a bond in the sum double the actual value of the
subject personal property, the Honorable Court forthwith issue a writ of replevin for

b.

the seizure of the subject property and direct defendant to deliver to plaintiff the
three (3) motorcycles.
After due hearing, judgment be rendered in favor of plaintiff and against defendant, as
follows:
1. ordering defendant to pay plaintiff the amount of not less than P100,000.00 for
moral damages.
2. Ordering defendant to pay and reimburse plaintiff the amount of P100,000.00 by
way of Attorneys Fees plus an appearance fee of P2,000.00 for every court hearing.
3. Ordering defendant to pay and reimburse plaintiff of not less than P50,000.00 as
litigation expenses.

Other reliefs just and equitable are likewise prayed for.

RESPECTFULLY SUBMITTED.
Cebu City, Philippines, February 24, 2011.

ATTY. JUAN DELA CRUZ

Counsel for the plaintiff
32-C Medalle Bldg., Jones Ave., Cebu City
MCLE Compliance No.
PTR No.
Roll No.