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REPUBLIC OF THE PHILIPPINES

NINTH JUDICIAL REGION


REGIONAL TRIAL COURT
ZAMBOANGA CITY

Amer Lucman III,


Plaintiff,

-versus- CIVIL CASE NO. 11594020


FOR: SPECIFIC PERFORMANCE
Weng Santos,
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, 2019 the herein Defendant posted online through social
media, in http://www.facebook.com specifically, that he will pass me in my legal
forms class, subject to negotiations.

Attached herewith is the photocopy 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 with the proposal. And on the same day, Plaintiff and
Defendant reached a perfected consensual agreement on the price of the act to do
the following acts: 1) That the petitioner will carwash the cars of the defendant,
maximum of 3 cars a day for 20 days; and 2) That the petitioner will serve as a
personal driver of the defendant for 20 days and apart from the price, that the
payment and delivery of the passed grade would be on December 28, 2019 at the
De La Salle University - Rufino Campus at Taguig City.

Attached herewith is the photo copy of the agreement marked as Annex “B”;
5. That on December 31, 2019 when the Plaintiff went to Taguig City to conclude
the sale, the Defendant, despite the satisfaction of service as payment and
demand to comply with the perfected consensual agreement through a cellular
phone by the Plaintiff, did not show up on the agreed location nor did he
communicate with the Plaintiff during the Plaintiff’s 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 retake his Legal Forms subject in
De La Salle University – Rufino Campos at Taguig City and was not able to take
Remedial Law Review class and had to be delayed for another one school year
because of it.

8. That by reason of Defendant’s 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 MILLION (Php1, 000,000.00) PESOS plus
TWENTY THOUSAND FIVE HUNDRED (Php20, 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 grade and accept
the payment;

2. To pay unliquidated damages in the estimated amount of TEN MILLION


(Php1, 000,000.00) PESOS for the unrealized summer vacation/good times
incurred by Plaintiff in pursuing the sale;

3. To pay Attorney’s fees TEN MILLION (Php1, 000,000.00) PESOS plus


TWENTY THOUSAND FIVE HUNDRED (Php20, 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. 05 January 2020.


Atty. Sam Pinto
PTR No. 906565, 05/05/17
IBP Life Member Roll No. 07875
Roll of Attorneys No. 686767
MCLE Compliance No. II 917834; 01/30/2016

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, Amer Lucman III, 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 1


January 2020 at Zamboanga City.

Amer Lucman III


Plaintiff

SUBSCRIBED AND SWORN TO BEFORE ME, this 1 of January, 2020 at


Zamboanga City, affiant exhibiting to me his Passport No. EB2503221, issued on May 20,
2013 and valid until May 19, 2018.
Atty. Rick Asero XV

Notary Public

PTR No. 834360789 01/05/16


IBP Life Member Roll No. 06267
Doc. No. 85;
Roll of Attorneys No. 58366
Page No. 40;
MCLE Compliance No. II 917834;
Book No. 20; 03/15/2014

Series of 2015.