Complaint For Replevin

Republic of the Philippines
REGIONAL TRIAL COURT

Branch__________
Pasig City
ARTEMIO LICUANAN
Plaintiff,
-versus- For: Replevin
RONALD ULAYAO AND

ALL PERSONS ACTING
IN HIS BEHALF,
Respondent.
x------------------------------------/
COMPLAINT FOR THE RECOVERY

OF PERSONAL PROPERTY
PLAINTIFF, by counsel and to this Honorable Court, respectfully

alleges:
Plaintiff of legal age and with residence address at No. 28, Theresa
Avenue, Christine Village, Brgy., Dela Paz, Pasig City, while defendant,
is likewise of legal age, with last known address at Lipa, Batangas City
where he may be served with summons and other legal processes of this
Honorable Court.
That the plaintiff is the lawful and registered owner of a motor

vehicle, which is described as follows:
CR NO. 216026392
MV FILE NO. 136600000069240
DENOMINATION: UTILITY VEHICLE
MAKE: FORD
PLATE NO. XCB313
YEAR MODEL: 2002
ENGINE NO. 1KZ0321233
CHASSIS NO. 1FMRE11W11H040574
OR NO. 717104345
That sometime 2 years ago defendant borrowed the said motor

vehicle above-described and until date defendant never returned the
same to herein plaintiff.
That plaintiff was not informed by defendant of the status of the

said motor vehicle nor contacted herein plaintiff whether or not
defendant will return the said motor vehicle.
That herein plaintiff demanded from the defendant the return of the
said motor vehicle, but the defendant refused and continue to refuse,
prompting plaintiff to file this instant action for the recovery of the said
motor vehicle and damages of P500,000.00.
As the defendant wrongfully refused to return the said motor

vehicle to herein plaintiff, the latter has been constrained to file the
action and to secure the services of counsel to protect his interest and to
incur expenses of litigation, in the amount of P100,000.00, which should
be assessed against the defendant.
The motor vehicle has an actual value of. It has not been restrained
or taken for a tax assessment or a fine pursuant to law, or seized under a
writ of execution or preliminary attachment, or otherwise placed under
custodia legis.
For the purpose of this replevin, plaintiff has executed a bond, to

the defendant to double the value of said motor vehicle, for the return of
the property to the defendant if such return be adjudged, and for the
payment of the said defendant of such sum as he may recover from the
plaintiff in the action.
To further substantiate the foregoing allegations, plaintiff attaches

herewith his affidavit detailing how he was illegally deprived of the
possession of his motor vehicle and his replevin bond, required for the
purpose.
WHEREFORE, plaintiff prays for judgment as follows:
1. Ordering the Sheriff or any other proper office of the court forthwith
to take the motor vehicle in his custody and to dispose of it in
accordance with the Rules of Court;
2. After trial, adjudging that plaintiff has the right to the possession of
the property and directing defendant to pay plaintiff the total value of the
property of P 500,000.00 with interest thereon at 12% per annum in case
delivery cannot be made, and damages of P100,000.00, and attorney’s
fees and expenses of litigation of P 100,000.00, plus cost.
Plaintiff prays for such other reliefs as may be just and equitable in
the premises.
Quezon City for Pasig City, Philippines, October ___2019.
ATTY. DIEGO M. PALOMARES JR.

26-C Traballo Building, Justice Lourdes
Paredes San Diego Avenue, Cubao
Quezon City
IBP NO. 084190 7-1-2019
ROLL NO. 29835
PTR NO. 8483162 7-8-2019
MCLE NO. V-0020852 4-25-16
VERIFICATION/CERTIFICATION
Republic of the Philippines)

Quezon City )S.S.
I, ARTEMIO LICUANAN, of legal age, Filipino, residing at No.

28, Theresa Avenue, Christine Village, Brgy., Dela Paz, Pasig City, after
having been 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 have caused the preparation of the foregoing complaint

and have read the allegations contained therein;
3. The allegations in the said complaint are true and correct of my

own knowledge and based on authentic documents;
4. I hereby certify that I have not commenced any other action or

proceeding involving the same issues in the Supreme Court,
Court of Appeals or any other tribunal or agency;
5. That if I/we should thereafter learned that a similar action of

proceeding has been filed or is pending before the Supreme
Court, Court of Appeals, or any other tribunal or agency. I
hereby undertake to report that fact within five (5) days
therefrom to the court wherein the original pleading and sworn
certification contemplated herein have been filed.
ARTEMIO LICUANAN
Affiant
The principal/affiants whose names and personal circumstances
stated above appeared in person before me this ___day of September,
2019, in the city of Quezon, presented the foregoing
verification/certification, signed the same in my presence and affirmed
or swore under oath of the truth and correctness of the contents or
allegations of the same.
Known to me to be the same persons who executed this instrument

and exhibited to me his identification, in Quezon City, Philippines.
Republic of the Philippines
REGIONAL TRIAL COURT
Branch__________
Pasig City
AFFIDAVIT
I, ARTEMIO A. LICUANAN, of legal age, and a resident of No.

28, Theresa Avenue, Christine Village, Brgy., Dela Paz, Pasig City after
being first sworn in accordance with law, depose and state:
That I am the plaintiff in an action for the recovery of personal

property against the defendant entitled Artemio A. Licuanan vs Ronald
Ulayao in the Regional Trial Court of Pasig City;
That I am the owner of the said property, particularly described as

follows, to wit;
CR NO. 216026392
MV FILE NO. 136600000069240
DENOMINATION: UTILITY VEHICLE
MAKE: FORD
PLATE NO. XCB313
YEAR MODEL: 2002
ENGINE NO. 1KZ0321233
CHASSIS NO. 1FMRE11W11H040574
OR NO. 717104345l;
That the said personal property is wrongfully detained by the

defendant without any lawful cause whatsoever;
That the said personal property has not been taken for a tax
assessment or a fine pursuant to law, or seized under a writ of execution
or attachment against the property of the plaintiff;
That the actual value of the property is P 500,000.00
IN WITNESS WHEREOF, affiant hereunto affixed his signature

this ___day of October 2019 at Quezon City, Philippines.
ARTEMIO A. LICUANAN
Affiant
SUBSCRIBED AND SWORN TO before me this ___day of

October 2019, at Quezon City, Philippines.

Complaint For Replevin

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Republic of the Philippines

REGIONAL TRIAL COURT

-versus- For: Replevin

RONALD ULAYAO AND

COMPLAINT FOR THE RECOVERY

PLAINTIFF, by counsel and to this Honorable Court, respectfully

That the plaintiff is the lawful and registered owner of a motor

That sometime 2 years ago defendant borrowed the said motor

That plaintiff was not informed by defendant of the status of the

As the defendant wrongfully refused to return the said motor

For the purpose of this replevin, plaintiff has executed a bond, to

To further substantiate the foregoing allegations, plaintiff attaches

WHEREFORE, plaintiff prays for judgment as follows:

Quezon City for Pasig City, Philippines, October ___2019.

ATTY. DIEGO M. PALOMARES JR.

Republic of the Philippines)

I, ARTEMIO LICUANAN, of legal age, Filipino, residing at No.

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

2. That I have caused the preparation of the foregoing complaint

3. The allegations in the said complaint are true and correct of my

4. I hereby certify that I have not commenced any other action or

5. That if I/we should thereafter learned that a similar action of

Known to me to be the same persons who executed this instrument

I, ARTEMIO A. LICUANAN, of legal age, and a resident of No.

That I am the plaintiff in an action for the recovery of personal

That I am the owner of the said property, particularly described as

That the said personal property is wrongfully detained by the

That the actual value of the property is P 500,000.00

IN WITNESS WHEREOF, affiant hereunto affixed his signature

SUBSCRIBED AND SWORN TO before me this ___day of

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