REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF CEBU 7TH JUDICIAL REGION BRANCH______ CEBU CITY

CELEEN DEE YUN Plaintiff, - versus ANDREA BOO CHILI Defendant. x--------------------------------x PETITION CIVIL CASE NO. 113876 FOR: RECEIVERSHIP

Plaintiff, through the undersigned counsel alleges that:

1.

The plaintiff is Filipino, of legal age, married and with residence at Greenhills Subdivision, Lapu-Lapu City, where she may be served with Summons;

2. 3.

The plaintiff is legally married with Andrea Boo Chili; The property in litigation is located at 135 Banana St. Pusok, Lapu-Lapu City, which has a fair market value of P1,000,000, and yields a monthly income of P4,000.

4.

The defendant is in actual physical possession of the property in litigation and as such, he is in control of the produce of the said property in litigation.

5. 6.

The defendant refused to give the share of the plaintiff from the property despite demand; The produce or income from said property are in danger of being lost, removed or materially injured unless a receiver be appointed to guard and preserve the same, and the defendant is not only hostile to the plaintiff but also shows his demands to exclude said plaintiff from all the products or proceeds coming from the said property;

7. 8.

The defendant is hopelessly insolvent for he is heavily indebted to various persons; The plaintiff is willing and ready to file a bond in the amount which this Honorable Court may fix in favor of the defendant against whom this receivership is presented to the effect that he, the plaintiff will pay to said defendant all damages which he will sustain by reason of the appointment of receiver in case the plaintiff shall have procured such appointment without

sufficient cause, and such other bonds which this Honorable Court may require him to file hereafter, as security for such damages.

PRAYER

Wherefore, plaintiff prays that:

1. An order be issued appointing a receiver; 2. After hearing, a judgment be rendered declaring that plaintiff is entitled to the property and its proceeds, and sentencing the defendant to pay the amount of the income from the property she is entitled to receive plus liquidated damages, penalties, and interests until fully paid. 3. In either case, to order herein defendant to pay the plaintiff the sum of fifty thousand pesos (Php. 50,000.00) as attorney's fees, and to reimburse plaintiff the expenses for bond, litigation expenses as may be proved during trial, and other expenses and cost of suit. 4. Other relief as may be deemed just and equitable in the premises are likewise prayed for.. Lapu-Lapu City, March 22, 2013

(Sgd.) ATTY. CHARRED PINGPENGKO ABC Building, Lapu-Lapu City IBP No. 12345; 12/31/2013; Lapu-Lapu City PTR No.61879; 12/31/2013; Lapu-Lapu City Roll of Attorneys No. 12344 MCLE Compliance No. II- 01234 9/20/2012

REPUBLIC OF THE PHILIPPINES) Province of Cebu) S.S. City of Cebu) x-----------------------x

VERIFICATION / CERTIFICATION AND AFFIDAVIT OF MERIT

I, CELEEN DEE YUN, Filipino, of legal age with residence at Greenhills Subdivision, LapuLapu City, under oath hereby depose and say: That I have caused the preparation of the foregoing complaint and all the allegations contained therein are true and correct of my own personal knowledge. That Plaintiff has not commenced any other action or proceeding involving the same issues with the Supreme Court, Court of Appeals or any other tribunal or agency nor are there any pending actions or proceedings with the Supreme Court, Court of Appeals or any tribunal or agency, to the best of my knowledge. That if I should learn that a similar action or proceeding has been filed or is pending before the said courts, I hereby undertake to report that fact within five (5) days from discovery. IN WITNESS WHEREOF, I have hereunto affixed my signature this 5th day of March, 2013 at Cebu City, Philippines.

CELEEN DEE YUN (SGD.) Passport No. 123456 Issued on: January 01, 2012 Issued at: Cebu City

SUBSCRIBED AND SWORN to before me this 22th day of March, 2013, at Cebu City, Philippines. Affiant exhibited her passport identification card per data indicated.

ATTY. CHARRED PINGPENGKO ABC Building, Lapu-Lapu City IBP No. 12345; 12/31/2013; Lapu-Lapu City PTR No.61879; 12/31/2013; Lapu-Lapu City Roll of Attorneys No. 12344