Professional Documents
Culture Documents
Plaintiff,
Defendants.
X------------------------------------------X
COMPLAINT
states that:
PA R T I E S
Park, is a corporation duly organized and existing under the laws of the
Antipolo City.
Dioquino, Project 4 Quezon City where they may be served with orders and
II
S TAT E M E N T O F FA C T S
buying, selling, trading, and marketing of Korean motor vehicles, parts and
2.2. Plaintiffs President, Sungjun Park (Mr. Park), came to know the
Plaintiff five (5) units of air con bus, two (2) units of Kia Granbird
The proposal was made under the pretext that they have on
hand the amount for the down payment and that they would
success.
Defendant Corporation over the five buses and truck, which shall
1A photocopy of the three letter quotations dated 11 January 2010 is attached herewith
and made an integral part hereof as ANNEXES __, ___, and ____.
buses and the truck. However, the amounts payable and the
of Plaintiff :
- Initial Down payment of Php 500,000.00 for the five units of bus at
2A photocopy of the Banco de Oro check with no. 0604551 dated 11 January 2010
is attached herewith and made an integral part hereof as ANNEX _.
3A photocopy of the cash/check voucher with no. 1165 dated 11 January 2010is
attached herewith and made an integral part hereof as ANNEX _.
2.2.4. Upon issuance of the checks, the five (5) buses and
unit of air con bus from Plaintiff at the formers Office at Antipolo. Defendant
4A photocopy of the four post dated checks dated 15 March 2010, 15 April 2010, 15 May
and 15 June 2010 are attached herewith and made an integral part hereof as ANNEXES
__, ___, ___, and ____ respectively.
Php 480,000.00 for the said Hyundai bus by issuing a BDO check 6
that day in paying its obligation for the one unit of bus, in a
PDP under the same representation, offered to buy four (4) more units of
bus: one (1) unit of Hyundai Aerospace and three (3) units of Kia Granbird.
6A photocopy of the Banco De Oro check with no. 0604552 dated 12 January
2010is attached herewith and made an integral part hereof as ANNEX __.
7A photocopy of the four UCPB checks: with no. 0466013 dated 28 February 2010; check no.
0466014 dated 31 March 2010; check no. 0466015 dated 30 April 2010; and check no.
0466016 dated 30 May 2010, are attached herewith and made an integral part hereof as
ANNEXES __, __ ,___ and ____ respectively..
readily issued the checks for the payment of the additional buses.
January 2010:
(Php1,080,000.00).
2.5. Soon after closing the deal, Defendant raised the matter of bank
9A photocopy of the post dated PNB check dated 30 March 2010 is attached
herewith and made an integral part hereof as ANNEX __.
proposed that deeds of sale over the buses must be executed and
deeds of sale that will be executed shall be temporary in nature, until full
Plaintiff for its own assessment and consideration. In addition to this scheme,
Defendant further proposed that the registration papers of the buses must
2.5.2 On 16 March 2010, the Deeds of sale 10 over the five units
10A photocopy of the executed Deed of Absolute Sale dated 16 March 2010 are
attached herewith and made an integral part hereof as ANNEXES ___, ____, ____,
______ and ____.
11A photocopy of the executed Deed of Absolute Sale dated 17 March 2010 are
attached herewith and made an integral part hereof as ANNEXES ___, and ___.
from LTFRB and that the Final Deeds of Absolute Sale in favor of
checks (PDCs)15 for the seven units of bus payable in the total amount
of Php 1,080,000.00 issued as down payment for the last four units of
the fact of dishonor. Defendant failed to give any reason for the stop
of the check.
17A photocopy of the four checks: with no. ______ dated ___ 2010; check no.
0707035 dated 18 September 2010; check no. 0707036 dated 18 October 2010 and
check no. 0707037 dated 18 November 2010, respectively, are attached herewith
and made an integral part hereof as ANNEXES __,___, ___, and ____.
2.7.2. While the first of the four (4) checks was successfully
18
19A photocopy of the BDO cash deposit slip with no. 690024940 dated 24
September 2010 is attached herewith and made an integral part hereof as ANNEX
_ .
20A photocopy of the two Metrobank checks: with no. 1471117757 dated 18
October 2010 and check no. 1471117756 dated 18 November 2010 are attached
herewith and made an integral part hereof as ANNEXES ___ and ____.
21A photocopy of the two cash vouchers dated 24 September 2010 are attached herewith
and made an integral part hereof as ANNEXES ___ and ____.
under the contract. Defendant likewise refused to return the original OR/CSRs
papers under its name, contrary to what was agreed upon with Plaintiff.
until Defendant once again requested that its past due obligation be
sought for the execution of the three (3) other deeds of sale over the 3 units
of bus.
through their representatives, Mr. Park and Defendant PDP, executed the
22 A photocopy of the demand letter dated 18 May 2010 is attached herewith and
made an integral part hereof as ANNEX ___.
23A photocopy of the registry Return Receipt dated June 2010 is attached herewith
and made an integral part hereof as ANNEX ___.
subject all the ten(10) buses which Defendant Corporation obtained from
Plaintiff since 11 January 2010. The said MOA also embodied the stipulation
between the parties to execute temporary deeds of absolute sale for the
to Plaintiff. Further it stated that the Final Deed of sale shall only be issued
upon full payment of the contract price. The pertinent portions of the MOA
state:
4. That the said Deed of Sale was executed just and for
securing approval from Bank Financing;
2ndMOA)25 dated 10 June 2010 to embody the stipulations of the earlier MOA
agreement will not materialize through its fault. The obligation to submit the
credit advice from the bank was likewise incorporated in said 2nd MOA.
except for the August check which was issued in the amount of
Php521,422.00 :
26A photocopy of the thirteen (13) PDCs with corresponding check nos. And due
dates are attached herewith and made an integral part hereof as ANNEXES ___,
___, ___, ___, ___, ___, ___, ___, ___, ___, ___, ___, and ___.
execution of the 2nd MOA, Plaintiff was enticed and finally persuaded to
execute and issue the much requested Deeds of Absolute Sale 27on 17
July 2010 covering the three buses under the third sale transaction
payment of the balance for all the buses they obtained. The fraudulent
real.
29Photocopies of the checks dated 6 August and 6 September 2010 stamped DAIF
are attached herewith and made integral parts hereof as ANNEXES __, __, and
__, respectively.
and pay their contractual liabilities. They repeatedly failed to pay their
stamped therein:
the 2ndMOA:
their liabilitiesand have brazenly ignored and resisted lawful demands. The
ten (10) buses are no longer to be found and could no longer be recovered.
30A photocopy of the demand letter dated 15 September 2010 is attached herewith
and made integral parts hereof as ANNEX __.
CAUSES OF ACTION
III.I
A CTUA L D A MAG ES
total of ten (10) units of bus without any intention to pay the
III.II
NOMINAL DAMAGES
Park, to part with a total of ten (10) units of bus without any
of Php 500,000.00.
III.III
E X E M P L A RY D A M A G E S
32 Rule 111(b) of the 2000 Revised Rules of Criminal Procedure states that: (b) The criminal
action for violation of Batas Pambansa Blg. 22 shall be deemed to include the corresponding
civil action. No reservation to file such civil action separately shall be allowed.
III.IV
AT T O R N E Y S F E E S & L E G A L E X P E N S E S
through Mr. Park,to part with a total of ten (10) units of bus
I V.
A L L E G AT I O N S I N S U P P O R T O F T H E A P P L I C AT I O N F O R
W R I T O F P R E L I M I N A RY AT TA C H M E N T
5.1. The foregoing allegations are hereby repleaded and made integral parts
hereof.
5.2. Plaintiffs claims subject of this Complaint are genuine and based
in bad faith, employed fraud in inducing and persuading Plaintiff, through Mr.
Park,to part with a total of ten units (10) of bus without any intention to pay
the total consideration and with malice to evade the legitimate performance
Plaintiffs General Manager Mr. Dante Tatac 35, attesting to their personal
knowledge of the facts relative to the fraud, malice and bad faith employed
in inducing and persuading Plaintiff, through Mr. Park, to part with a total of
ten units (10) of bus without any intention to pay the total consideration and
interest.
5.6. Defendants are now nowhere to be found to settle their due and
damages.
5.8. The amount due the Plaintiff is as much as the sum for which the
33 A photocopy of the Affidavit consisting of five (5) pages executed by Mr. Sungjun
Park is attached herewith and made an integral part hereof as ANNEX __.
34A photocopy of the Affidavit consisting of five (5) pages executed by Ms. Baby
Jane Venturina is attached herewith and made an integral part hereof as ANNEX
__.
35 A photocopy of the Affidavit consisting of five (5) pages executed by Mr. Dante
Tatac is attached herewith and made an integral part hereof as ANNEX __.
costs which may be adjudged the Defendants and damages which they may
V.
P R AY E R
500,000.00; and,
judgment.
Other reliefs just and equitable under the premises are also prayed for.
2. I have read and understood the Complaint and the allegations and
contents therein are true and correct of my personal knowledge and based
on authentic records.
3. I hereby attest and certify that Plaintiff Parkroad, Inc. has not commenced
any action or filed any claim involving the same issues in any court,
tribunal, or quasi-judicial agency and, to the best of my knowledge, no
such other action or claim is pending therein.
4. If I should thereafter learn that the same or similar action or claim has
been filed or is pending before any court, tribunal, or quasi-judicial
agency, I shall report that fact within five (5) days to this Honorable Court.
Sungjun Park
Affiant