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  REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT 7 th  Judicial Region Branch 50 Cebu City PSBANK, Plaintiff, -versus- Civil Case No. CEB 1234 For: Replevin/ Recovery of Personal Property JUAN VILLORDON Defendant. x--------------------/ COMPLAINT PLAINTIFF , by counsel and unto this Honorable Court, most respectfully alleges: 1. Plaintiff is a domestic bank corporation duly organized and existing under Philippine laws with principal office at N. Bacalso Ave. Cebu City, Philippines. For purposes of this action, plaintiff may be served with all orders, notices and other processes through the office address of its undersigned counsel; 2. Defendant Mr. Juan Villordon is of legal age, Filipino and may be served with summons, orders and other processes of this Honorable Court at (his/her) last known address at 111 Tres De Abril, Labangon, Cebu City, Philippines; 3.On December 20, 2016, Defendant Villordon purchased a brand new Honda City 1.5 MT from Honda Cars Mandaue. The transaction was covered by a Purchase Agreement whereby Defendant undertook to make a downpayment of P200,000 of the total purchase price of P820,000. Defendant then applied for an auto loan with the Plaintiff PSBANK to pay the balance of P620,000. That upon approval of the loan, Defendant Villordon executed a Promissory Note on January 03, 2017, in favor of PSBANK covering the amount of the loan plus P250,000 as interest and finance charges, in the total amount of P870,000.  4. Defendant undertook to pay the loan in monthly installments of P14,333.33, payable on the 5 th  day of each month starting on March 05, 2017 to February 05, 2022, at 22.10% annual interest. The spouses Rosario also agreed that, in case of default, the payment of the outstanding sum with interest shall immediately become due and payable. To secure the payment of the loan, they executed, on the same day, a Chattel Mortgage in favor of PSBANK over the Honda City 1.5MT described below, a copy of which is hereto attached as Annex B and made integral part hereof: Make : Honda Motor No. : 123456 Series : 2017 Chassis No. :   1HGBH41JXMN109186   Type of Body : Compact Plate No. : SJS-888 CR No. : 159409515 MVRR No. : 3450126-1 5. That the above-described motor vehicle is presently in the possession of the Defendant or his agents, representatives or persons acting in their behalf, and are unlawfully, maliciously and wrongfully detaining it; 6. Defendant Villordon defaulted in complying with the terms and conditions of the said Promissory Note and Chattel Mortgage (Annexes A and B ) by failing to pay (his/her) instalments due since July 05, 2017 for this reason, plaintiff demanded from said Defendant the payment of (his/her) outstanding account but Defendant still failed and refused to do so. Copy of Plaintiff's demand letter dated November 05, 2017   is hereto attached as Annex C and made an integral part hereof; 7. Thus, pursuant to the provisions of the Chattel Mortgage, plaintiff initiated a Petition for Extra-Judicial Foreclosure of Chattel Mortgage under Act 1508 with the Office of the (City/Provincial) Sheriff of Cebu, a copy of which is attached hereto as Annex D and made an integral part hereof; 8. Despite the foreclosure however, and despite  notice and demand to the Defendant Villordon to surrender the subject motor vehicle subject for foreclosure, Defendant failed and continued to fail to surrender the same without any legal or justifiable cause. A copy of the said demand letter dated January 10, 2018 is hereto attached as Annex E ; 9. By virtue of the unjustifiable failure and refusal of the Defendant to turn-over the possession of the subject chattel / motor vehicle for purposes of foreclosure, plaintiff was constrained to institute the instant action and secure the services of the undersigned counsel for attorney's fees equivalent to P130,500 (15%) percent of the total amount due and outstanding on the Promissory Note and Chattel Mortgage, liquidated damages and expenses incurred in relation with the manual delivery of the above-described motor vehicle, including the expenses for the payment of the premium on the replevin bond filed in support of the prayer for the issuance of a warrant for the seizure thereof; 11. Plaintiff is entitled to the immediate possession of the mortgaged motor vehicle described above, which Defendants are wrongfully detaining for the purpose of defeating plaintiff's mortgage lien thereon; 12. That the property has not been distrained or taken for a tax assessment or a fine pursuant to law, or seized under a writ of executed or preliminary attachment, or otherwise placed under custodia legis, or if so seized, that it is exempt from such seizure or custody; 13. That the estimated actual market value of the said motor vehicle is P700,000. 14. Plaintiff is ready, willing and able to put up a good and solvent bond of double the actual market value of the above-described motor vehicle conditioned on the return of the same to the Defendants if such return be adjudged, and for payment of such sum as they may recover from the plaintiff in the instant action.  PRAYER  WHEREFORE , it is most respectfully prayed of this Honorable Court: a) To forthwith issue a  Writ of Replevin  for the immediate seizure and recovery of possession of the afore-described chattel / motor vehicle, complete with all its accessories and equipment, together with the Registration Certificate thereof, with authority to break open and enter any premises where the same may be found and to direct the manual delivery thereof to the plaintiff in accordance with law for purposes of foreclosure, and after due hearing, to confirm the said seizure and delivery to plaintiff; b) Or, in the event that manual delivery of the said motor vehicle cannot be effected, to render judgment in favor of the plaintiff against the Defendants, ordering them to pay plaintiff jointly and severally the principal sum of P870,000, plus liquidated damages, penalties, and interests until fully paid; c) In either case, to order Defendants to pay Plaintiff the sum of P130,500 (15%) percent of the total amount due as Attorney's Fees, and to reimburse plaintiff its expenses for getting a replevin bond, litigation expenses as may be proved during trial, and other expenses incurred in the seizure of the said motor vehicle, and the cost of suit. Other relief as may be deemed just and equitable in the premises are likewise prayed for. Respectfully Submitted. Cebu City, Philippines, April 24, 2018. SOON AND DIONALDO LAW OFFICES Counsel for the Plaintiff Governor M. Cuenco Ave., Banilad, Cebu City Tel. No. 032-4567890
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