REPUBLIC OF THE PHILIPPINES

NINTH JUDICIAL REGION

SHARIA CIRCUIT COURT
ZAMBOANGA CITY
,

CIVIL CASE NO. ________03_____________

Plaintiff,
FOR: SPECIFIC PERFORMANCE
-versus-

,
Defendant.
X----------------------------------X
COMPLAINT
COMES NOW, the Plaintiff by the undersigned counsel unto the Honorable
Court respectfully alleges;
1. That Plaintiff is of legal age, married, Filipino citizen and a resident of Tetuan,
Zamboanga City where he may be served with summons and other court
processes;
2. That Defendant is of legal age, married, Filipino citizen and a resident of
Bis, Cagayan de Oro City where he may be served with summons and process of
this Honorable Court;
3. That on December 01, 2014 the herein Defendant posted online through social
media, in http://www.facebook.com specifically, that he was selling his car, a
2011 model Honda Jazz, subject to negotiations.
Attached herewith is the photo copy of the post by the Defendant marked as
Annex A;

4. That herein Plaintiff communicated with the Defendant through the said social
media site his interest to buy the car. And on the same day, Plaintiff and
Defendant reached a perfected consensual agreement on the price of the car to the
amount of FIVE HUNDRED THOUSAND (Php500,000) PESOS and apart from
the price, that the payment and delivery of the car would be on December 05,
2014 at the Grand Hotel located at Cagayana de Oro City.
Attached herewith is the photo copy of the agreement marked as Annex B;

5. That on December 05, 2014 when the Plaintiff went to Cagayan to conclude the
sale, the Defendant, despite repeated demands and tender of payment through a

cellular phone by the Plaintiff, did not show up on the agreed location nor did he
communicate with the Plaintiff during the Plaintiffs stay;
6. That as of to the date of filing this complaint, the Plaintiff has yet to receive any
word nor the object of the sale from the Defendant.
7. That by reason of the agreement, Plaintiff had to close his business in Zamboanga
City during his two day stay in Cagayan de Oro City and was not able to realize
profits from it.

8. That by reason of Defendants unjustified failure to appear on the agreed date of

sale, despite repeated demands, Plaintiff was constrained to engage the services
of counsel for a fee of TEN THOUSAND (Php10,000.00) PESOS plus ONE
THOUSAND FIVE HUNDRED (Php1,500.00) PESOS per court appearance as
actual damages;

PRAYER
IN LIGHT OF THE FOREGOING, it is most respectfully prayed of this
Honorable Court that after due notice and hearing, judgment be rendered in favor of
Plaintiff and against defendant ordering the latter, as follows:
1. To compel the Defendant to forego with the sale, deliver the car and accept the
payment;
2. To pay unliquidated damages in the estimated amount of TEN THOUSAND
(Php10,000.00) PESOS for the unrealized profits and expenses incurred by
Plaintiff in pursuing the sale;
3. To pay Attorneys fees TEN THOUSAND (Php10,000.00) PESOS plus ONE
THOUSAND FIVE HUNDRED (Php1,500.00) per court appearance;
4. To pay cost of the suit.
Other relief and remedies that are just and equitable under the premises are
likewise prayed for.
Zamboanga City. 16 January 2015.
ATTY. ________________________
Counsel for the Plaintiff

____________________________________
_______________________________________
IBP NO. ______ Zamboanga Chapter
Attorneys Roll No. ________

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, SAM SUNG , of legal age, married, Filipino and the plaintiff in the above
entitled case, after being duly sworn to in accordance with law do hereby depose and say;
1. That I am the plaintiff in the above-entitled case;
2. That I caused the preparation of the complaint and I read the allegations
contained therein and understood each of them to be true and correct of my
own personal knowledge and beliefs and based on authentic documents.
3. That I further certify that I have not commenced any action or proceeding
involving the same issues in the Supreme Court, the Court of Appeals or
different divisions thereof, or any court, tribunal or agency.
4. That should I learn hereafter of the filing or pendency of such action/s, I
undertake to inform this Honorable Court of said fact within five (5) days
from knowledge therefrom.
IN WITNESS WHEREOF, I have hereunto affixed my signature this ________
of January, 2015 at Zamboanga City.

Sam Sung
Plaintiff

SUBSCRIBED AND SWORN TO BEFORE ME, this ______ of January, 2015

at Zamboanga City.