Republic of the Philippines

Regional Trial Court

7th Judicial Region
Branch 62, Oslob, Cebu

MISTER R.. PURCHASER

Plaintiff,
CIVIL CASE NO. ________
-versus- FOR: RESCISSION OF
AGREEMENT AND
MISS S. SELLER ABSOLUTE DEED OF
Defendant. SALE, DAMAGES AND
x---------------------------------------- ATTORNEYS FEES
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 COMPLAINT
Plaintiff, through counsel, respectfully alleges
that:

1. Plaintiff is of legal age residing at Temple of Leah,

Roosevelt Street, Barangay Busay, Cebu City.

2. Defendant is of legal age residing at Fantasy

Place, Samboan, Cebu.

3. Defendant is a registered owner of a parcel of

land with a total area of three hectares (3 ha.) covered by
Certificate of Title (TCT) No. T-54321-A. situated at
Samboan Cebu.

4. The same parcel of land was the subject of a

mortgaged in favor of PS Bank, Cebu Branch, Osmea Blvd.
and of a private mortgage in favor of Terd D. Pearson.

5. On September 12, 2016, plaintiff and defendant

entered into an agreement for the sale and purchase of said
parcel of land for a total contract price of PhP 3,600,000.00.
A copy of the Agreement is here attached as Annex A.

6. On the same day, plaintiff made an initial payment

in favor of the defendant amounting to PhP 1,600,000.00 to
be applied by the defendant as follows: (a) PhP
1,000,000.00 of said amount was for the redemption of
subject property which was mortgaged in PS Bank, Cebu
Branch, Osmea Blvd., Cebu City to enable the plaintiff to
get hold of the title and register the sale; and (b) PhP
600,000.00 was for redemption of the said land from a
private mortgage in favor of Terd D. Pearson to enable the
plaintiff to possess and cultivate the same. A copy of the
defendants receipt of payment is here attached as Annex
B.

7. The parties agreed that after the release of title

covering the subject parcel of land, the necessary deed of
absolute sale in favor of the plaintiff shall be executed and
the transfer shall be effected immediately so that the latter
can apply for a loan from any lending institution using the
corresponding certificate as collateral, and the proceeds of
said loan, whatever be the amount, be given to the
defendant.

8. The parties also agreed that whatever balance left

from the agreed purchase price, after deducting the
proceeds of the loan and PhP 1,600,000.00 already received
by defendant, shall be paid by the plaintiff not later than
July 12, 2017.

9. On October 12, 2016, defendant redeemed the

said land from PS Bank Cebu and withdrew TCT No. T-
54321-A.

10. On November 3, 2016, the parties executed a

Deed of Absolute Sale whereby defendant transferred the
subject property to plaintiff for and in consideration of PhP
1,600,000.00. A copy of the Deed of Absolute Sale is here
attached as Annex C.
11. On the same day, plaintiff verbally demanded from
the defendant the title. However, defendant said that he
forgot to bring the it and promised to deliver the same a
week after

12. Despite plaintiffs repeated oral and written

demands for the delivery of the title, the defendant failed to
deliver the title to the plaintiff. A copy of the demand letter
dated December 12, 2016 which was received by the
defendant on the same day is here attached as Annex D.

13. To add insult to injury, plaintiff has not and could

not physically, actually, and materially possess and cultivate
the subject property because the area is not yet fully
cleared from incumbrances and the private mortgage and/or
present possessor refuse to vacate the same.

14. On February 2, 2017, plaintiff sent a letter to the

defendant demanding the return of the amount PhP
1,600,000.00 so advanced by him, but the latter ignored the
same. A copy of the demand letter is here attached as Annex
E.

15. On March 12, 2017, plaintiff reiterated said

demand in another letter. However, the same was unheeded.
Attached is a copy of the demand letter marked as Annex
F.

16. Without any legal justification, defendant

continuously refuses to return said amount despite repeated
oral and written demands. A final demand letter was sent
and received by personally by defendant on March 15,
2017. A copy of the final demand letter is here attached as
Annex G.

17. Because of defendants indifference to the

demands of the plaintiff, the latter was constrained to notify
the former through a notarial act of his desire and intention
to rescind the said contract of sale. A copy of the notarial
act to rescind the contract of sale is here attached as Annex
H.

18. As a result of the defendants refusal to comply

with the contract, plaintiff suffered actual damages of PhP
1,600,000.00 representing the latters initial payment
handed to the defendant as early as September 12, 2016.

19. Plaintiff also suffered moral damages for the

serious anxiety, mental anguish and sleepless night at
having parted with his hard-earned money for a promise
that remains unfulfilled up to the present.

20. Moreover, defendants indifference to plaintiffs

demands pursuant to the provisions of the contract
evidenced his bad faith. He acted in a wanton, fraudulent,
reckless, oppressive and malevolent manner justifying the
award of exemplary damages.

21. Furthermore, plaintiff is constrained to file this

suit and to engage the services of counsel with an
acceptance fee of PhP 20, 000.00 plus PhP 2, 000.00 per
court appearance.

Prayer

Wherefore, it is respectfully prayed that:

 1. The Agreement and the Deed of Absolute Sale be
rescinded.

2. The defendant be ordered to return of PhP

1,600,000 with interest.

3. The defendant be ordered to pay moral damages

in favor of the plaintiff in the amount of TWO HUNDRED
THOUSAND PESOS (PhP 200,000.00) and exemplary
damages in favor of the plaintiff in the amount of FIFTY
THOUSAND PESOS (PhP 50,000.00)

4. The defendant be ordered to pay plaintiffs claim

for attorneys fees in the amount of not less than TWENTY
THOUSAND PESOS (PhP 20,000.00) plus TWO THOUSAND
PESOS (PhP 2,000.00) per court appearance, and the
amount of litigation expenses as maybe proved during trial.

5. Such other reliefs based on law and equity be

granted the plaintiff.

June 21, 2017. Cebu City, Philippines.

Counsels for the Plaintiff

VERIFICATION/CERTIFICATION OF NON-FORUM
SHOPPING

I, Mister A. Purchaser, after being sworn in accordance

with law, depose and say:

1. That I am the plaintiff in the above-entitled case;

that I have caused the above complaint to be prepared and
have read the contents thereof; and that the allegations
therein are true and correct based on my personal
knowledge or based on authentic records.

2. That I have not heretofore commenced any other

action or proceeding involving the same issues in the
Supreme Court, the Court of Appeals, or any other tribunal
agency of hearing officer; to the best of my knowledge no
such action or proceeding is pending in the Supreme Court,
the Court of Appeals, or any other tribunal, agency or
hearing officer;

3. That should I thereafter learn that the same or

similar action or claim has been filed or is pending, I shall
report that fact within five (5) days therefrom to this
Honorable Court.

IN WITNESS WHEREOF, I have hereunto set my hand

and affixed my signature 21st day of June 2017 at Cebu City,
Philippines.

Mister A. Purchaser
Affiant
Passport Number: ED9724403
Valid until: September 2018
Cebu City

SUBSCRIBED AND SWORN TO BEFORE ME, this 21st

day of June 2017 at Cebu City, Philippines. Affiant exhibited
to me his valid and competent identification card: Passport
Number ED9724403, valid until September 2018 issued in
Cebu City.
Doc. No. ______
Page No. ______
Book No. ______
Series of 2017