REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
Manila, Branch XX

KATHRYN X. BERNARDO, CIVIL CASE No.

XXXXX
Plaintiff, FOR: Replevin
- versus -

DANIEL Z. PADILLA,
Defendant.

x -----------------------x

COMPLAINT

Plaintiff, through the undersigned counsel unto this

Honorable Court, hereby respectfully avers:

1. That plaintiff is of legal age, Filipino, married, and a

resident of 950 T2, Sun Residences, Espana Blvd., Manila
City, Philippines while the defendant is also of legal age,
married, Filipino and a resident of 3481 Magistrado Villamor,
Sta. Mesa, Manila City, Philippines where summons and court
processes may be served;

2. That plaintiff is the registered owner of a motor

vehicle described as a Mitsubishi Lancer, model 2000, with
Plate No. XXX-123, evidenced by the Certificate of
Registration hereto attached and marked as Annex “A”;

3. That on December 1, 2018, defendant rented from

plaintiff said Mitsubishi Lancer car for a week from June 1 to
7, 2018, evidenced by the Contract of Lease hereto attached
and marked as Annex “B”;
 4. That on December 20, 2018, and for the next three
(3) days thereafter, plaintiff demanded from defendant the
return of the said car as evidenced by the Demand Letter
hereto attached and marked as Annex “C”; but defendant
avoided returning the car by giving one reason or another;

5. That said car has not been taken for a tax

assessment or fine pursuant to law, or seized on execution
or attached;

6. That the value of the said car is Five Hundred

Thousand Pesos (PhP 500,000.00) evidenced by the
assessment of the City Assessors Office of Manila hereto
attached and marked as Annex “D”;

7. That plaintiff is ready and willing to give bond

executed to the defendant in double the value of the
property for the return of the property to the defendant
should be adjudged, or for the payment of such sum that
defendant may recover from plaintiff in the action.

WHEREFORE, plaintiff prays that:

a. the sheriff or other proper officer be ordered to take

possession of the car and dispose of it in accordance
with the Rules of Court;

b. after hearing, judgment be rendered declaring that

plaintiff is entitled to the possession of the car or,
should this prove unavailing, sentencing defendant
to pay the value of the car.

Other reliefs and remedies deemed just and equitable

under the foregoing premises are likewise prayed for.

City of Manila, September 10, 2019.

ATTY. ROCKY JOHN M. TAYABAN

 Counsel for Petitioner
DC Law, 2A Pioneer Highlands South,
Mandaluyong City, Philippines

Roll of Attorneys No. XXXXX

PTR NO. XXXXXX, 01/06/17, Manila City
IBP NO. 123456, 01/04/17, Manila City
MCLE Comp. No. IV-0009876, 01/02/17

REPUBLIC OF THE PHILIPPINES)

MANILA PHILIPPINES) S.S.
x -----------------------x
 VERIFICATION AND CERTIFICATION

I, KATHRYN BERNARDO, of legal age, Filipino,

married, and a resident of 950 T2, Sun Residences, Espana
Blvd., Manila City, Philippines, after being sworn in
accordance with law, hereby depose and say:

1. That I am the Plaintiff in the above-entitled case;

2. That I have caused the preparation of the above

Complaint and I have read the same and understood
the contents thereof;

3. That the allegations contained therein are true and

correct of my own personal knowledge and based on
authentic records;

4. That I further certify that: I have not theretofore

commenced any other action or proceeding or filed any
claim involving the same issues or matter in any court,
tribunal, or quasi-judicial agency and, to the best of my
knowledge, no such action or proceeding is pending
therein; if I should thereafter learn that the same or
similar action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals, or any
other tribunal or quasi-judicial 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 10th day of September 2019 at Manila City, Philippines.

KATHRYN X.
BERNARDO
 Affiant
TIN XXXXX-XXX;
Manila City

AFFIDAVIT

I, KATHRYN BERNARDO, of legal age, Filipino,

married, and a resident of 950 T2, Sun Residences, Espana
Blvd., Manila City, Philippines, after being sworn in
accordance with law, hereby depose and say:

1. That I am the plaintiff in an action for the delivery of

personal property against the defendant, entitled CIVIL
CASE No. XXXXX in the Regional Trial Court of the City
of Manila;

2. That I am the owner of said property, particularly

described as follows, to wit: blue Mitsubishi Lancer,
model 2000, with Plate No. XXX-123;

3. That the said personal property is wrongfully detained

by the defendant without any lawful cause whatsoever;

4. That the said personal property has not been taken for
a tax assessment or fine pursuant to law, or seized
under an execution, or an attachment against the
property of the plaintiff;

5. That the actual value of the motor vehicle is Five

Hundred Thousand Pesos (PhP 500,000.00).

SUBSCRIBED AND SWORN to before me, this 10th day

of September 2019, affiant exhibiting to me his Tax
Identification Card as shown above below his name as
competent evidence of his identity.

ATTY. ROCKY JOHN M. TAYABAN

Counsel for Petitioner
DC Law Office, 2A Pioneer Highlands
South, Mandaluyong City, Philippines

Roll of Attorneys No. XXXXX

PTR NO. XXXXXX, 01/06/17, Manila
City
IBP NO. 123456, 01/04/17, Manila City
MCLE Comp. No. IV-0009876,
01/02/17
Doc. No. 5;
Page No. 2;
Book No. 1;
Series of 2019;

ANNEX “A”

Certificate of Registration
 KATHRYN X. BERNARDO

Mitsubishi Lancer, model

2000, with Plate No. XXX-123

ANNEX “B”

Contract of Lease

between
 KATHRYN X. BERNARDO
-and-
DANIEL Z. PADILLA

for the rental of

Mitsubishi Lancer, model

2000, with Plate No. XXX-123

ANNEX “C”

Demand Letter Sent to

DANIEL Z. PADILLA
 from

KATHRYN X. BERNARDO

Demanding the return of the

car rented by the former with
the following specifications:

Mitsubishi Lancer, model

2000, with Plate No. XXX-123

ANNEX “D”

CITY ASSESSORS OFFICE

 City of Manila

Market Value Assessment of

the Mitsubishi Lancer, model
2000, with Plate No. XXX-123