WING “ERD JOF SAT om Ar\et 467) REGIONAL TRIAL COURT 00) 242} Republic of the Philippines pene lardcet~ fren 7" Judicial Region | 06 OCT 20H Branch __ | ruts Cebu City Ube PERM VALENTINO L. LEGASPI, Plaintiff, CIVIL CASE NO. For : Recovery of Possession with Replevin and with Alternative Prayer for Sum of - versus ~ Money — RICARDO HAPITAN and JOHN DOES OF THE CEBU CITY TRAFFIC | ae OPERATIONS MANAGEMENT, Defendants. { / | COMPLAINT Plaintiff, by counsel, respectfully states that: 1. Plaintiff is of legal age, Filipino, married, and a resident of San Jose de la Montafia, Mabolo, Cebu City. He may be served with court processes through the office of the undersigned counsels. 2. Defendants Ricardo Hapitan and John Doesare officers of the Cebu City Traffic Operations Management (“CITOM”) which is the traffic enforcement arm of the City of Cebu with office address at N. Bacalso Avenue, Cebu City, where they may be served with summons, notices and other court processes. 3. Plaintiff is the registered owner of a Mercedes Benz Sedan, more particularly described as follows:! CR No. 146284390 Chassis No. : FV419T-540009 MV File No. : 1312-39111 Engine No. _: 61795212060273 Plate No. : KFF 833 Make : Mercedes Benz Body Type: Sedan OR No. 1 249900523 2 Copies of the official receipt and certificate of registration are attached as Annex ae Page | 1 | | Vv4. On September 21, 2015, plaintiff left his motor vehicle occupying a portion of the side walk and the street outside the gate of his house at San Jose de la Montaiia, Mabolo, Cebu City to make way for the vehicle of the anay exterminator who had asked to be allowed. to unload his materials and equipment from the front of the plaintiff’s residence because the car of plaintiff's daughter was parked in their carport. The anay exterminator assured that the unloading would not take too long. 5. While waiting for the anay exterminator to finish unloading, the phone in plaintiff's office inside the house rang. He went inside to answer the call. 6. After a short while, plaintiff's son-in-law informed him that unknown persons had clamped the front wheel of his motor vehicle. 7. When plaintiff rushed outside, he found a traffic citation which stated that his motor vehicle had been clamped by the CITOM representatives. The citation bore a warning that the unauthorized removal of the clamp would subject the remover to criminal charges. 8. In the late afternoon, a group headed by defendant Hapitan towed the plaintiff's motor vehicle even if it was not obstructing the flow of traffic. 9. Plaintiff went to the CITOM office on the following day to demand the recovery of his motor vehicle but the defendants alleged that plaintiff had to comply with Section 3 of Cebu City Ordinance No. 1664 as he had violated Section 3.2 thereof stating, to wit: “Any immobilized vehicle which is unattended and constitute an obstruction to the free flow of traffic or a hazard thereof shall be towed to the city government impounding area for safekeeping and may be released only after the provision of Section 3 hereof shall have been fully complied with.” 10.Plaintiff explained to the defendants that he had not violated the said provision as his motor vehicle was not obstructing the free flow of traffic nor was it a hazard thereof but the defendants rejected his explanation. Page | 211.By virtue of the unjustifiable failure and refusal of the defendants to turn-over the possession of the motor vehicle, plaintiff was constrained to institute the instant action and secure the services of the counsel for attorney's fees equivalent toPHP50,000.00and 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. 12.Plaintiff is entitled to the immediate possession of motor vehicle described above as it is unlawfully, maliciously and wrongfully detained by defendants. 13.The estimated market value of the said vehicle is PHP450,000.00. 14.It was taken pursuant to City Ordinance No. 1664 but it is exempt from such seizure or custody because it had not violated the said ordinance. 15,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 the payment to defendants of such sum as may be recovered against plaintiff. BY WAY OF ALTERNATIVE CAUSE OF ACTION Plaintiff alleges that: 16.It re-pleads and incorporates by reference all of its foregoing allegations. 17.In the event that plaintiff fails to locate and/or seize by virtue of a writ the subject motor vehicle from defendants, or any other person than said defendants or their representatives, said defendants should pay the value of the motor vehicle in the amount of PHP450,000.00, plus interest and an amount equivalent to PHP50,000.00 as attorney's fees, and cost of suit. Page | 3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 motor vehicle, complete with all its accessories and equipment, 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 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 the sam of PHP450,000,000, plus interest. In either case, to order defendant to pay plaintiff the sum of PHP50,000.00 as attorney's fees, and to reimburse plaintiff his 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 reliefs as may be deemed just and equitable in the premises are likewise prayed for. October 5, 2015, Cebu City, Philippines. HISOLER * MACAPOBRE and Associates Counsel for the Plaintiff 2/F The Walk, Asiatown IT Park Apas, Cebu City Email: HMA.law@gmail.com Tel No. (032) 235-0586 By: RICH! CONSULTA Roll neys No. 41232 IBP No. 706123-01.03.15-Cebu PIR No. 1924153-01.03.15-CC MCLE Compliance No. IV-0009365-11.15.14 Page | 4JEWEL, M. FAMOR Roll ofAttorneys No. 41234 IBP No. 706124-01.03.15-Cebu PTR No. 1924154-01.03.15-CC MCLE Compliance No. IV-0009366- 15.14 CELIA M. ERLY O. LI Roll of Aorneys No. 41211 IBP No. 706126-01.03.15-Cebu PTR No. 1924156-01.03.15-CC MCLE Compliance No. TV-0009368- 11.15.14 ANDREW T. MACAPOBRE Roll of Attorneys No. 41222 IBP No. 706128-01.03.15-Cebu PTR No. 1924158-01.03.15-CC MCLE Compliance No. IV-0009370- 11.15.14 NORT (SNAGBANAG Roll of Attorneys No. 41234 IBP No. 706130-01.03.15-Cebu PTR No. 1924980-01.03.15-CC MCLE Compliance No. IV-0009372- 11.15.14 IVANNE ih I. HISOLER Roll of Ae*neys No. 41208 IBP No. 706125-01.03.15-Cebu PTR No. 1924155-01.03.15-CC MCLE Compliance No. IV-0009367- 11.15.14 q che IP. LIM R meys\No. 41216 IBP No-706127-01.03.15-Cebu PTR No. 1924157-01.03.15-CC MCLE Compliance No. IV-0009369- 11.15.14 VESCIA L. MAGASO (oll of Attorneys No. 41204 IGP No. 706129-01.03.15-Cebu PTR No. 1924159-01.03.15-CC MCLE Compliance No. IV-0009371- 1.15.14 GEROMI lof MONIQUE\THERESE P. MAURILLO Roll of Attorneys No. 41201 IBP No. 706131-01.03.15-Cebu PTR No. 1924981-01.03.15-CC MCLE Compliance No. TV-0009373- 11.15.14 Page | 5VERIFICATION / CERTIFICATION AND AFFIDAVIT OF MERIT IT, VALENTINO L. LEGASPI, of legal age, Filipino, married, and a resident of San Jose de la Montafta, Mabolo, Cebu City, Philippines, after being sworn to in accordance with law, depose and state that: 1, I am the plaintiff in the above-captioned case which is for replevin / recovery of possession of the following motor vehicle: CR No. 1 46284390 Chassis No. : FV419T-540009 MV File No.: 1312-39111 Engine No. : 61795212060273 Plate No. : KFF 833 Make : Mercedes Benz Body Type : Sedan OR No. + 249900523 2. I am the owner of the said vehicle and thus entitled to the immediate possession thereof since defendants failed to return the same despite incessant demands; 3, The above-described motor vehicle is presently in the possession of the defendants Ricardo Hapitan and John Does of the Cebu City Traffic Operations Management (CITOM), their agents, representatives or persons acting in their behalf, and are unlawfully, maliciously and wrongfully detaining it; 4. The above-described motor vehicle has an estimated actual market value of PHP450,000.00; 5. The said motor vehicle has been taken pursuant to law, but it is exempt from such seizure or custody; 6. Lam ready, willing and able to put up a good and sufficient bond of double the actual market value of said motor vehicle conditioned on the return thereof 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; 7. [have caused the preparation of the foregoing complaint; I have read the allegations contained herein and I know the contents thereof. The allegations contained herein are true and correct based on my own personal knowledge and based on authentic records at hand; 8. I further certify that: (a) I have not theretofore commenced any other action or proceeding involving the same matter in the Supreme Page | 6Court, the Court of Appeals, or any other tribunal or agency; (b) 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 or agency; and (0) if a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report such fact within five (5) days therefrom to the court or agency wherein the original pleading and sworn certification contemplated herein have been filed. IN WITNESS WHEREOF, I have hereunto set my hand this C105 2015 at Cebu City, Philipp} VALI (O L. LEGASPI SUBSCRIBED AND SWORN to before me this in Cebu City, Philippines, affiant having exhibited to me his TIN: 109- 929-746. Doc. No. 41; apimyas Page No. _13; pak Book No. _Ik ; Series of 2015. — Page |751990 108 19H egtisiatis 3 H 9 aE EEN [9p as0r tes HOE FO vo | se fg nozsoor vo EZGOO6EPe ew mos 017 S3NiddI lid 31 dO SI Enday ds beorseseccecs Source mi