Effective on December 1, 2016. 3. to PAY all taxes imposable by law for the transfer of the title in the name of [respondent], pursuant to the parties’ AGREEMENT dated 1 September 1999; 4. to PAY [respondent] William Francisco the following: 4.1 One Hundred Thousand Pesos (Php 100,000.00) as and by way of damages; 4.2 One Hundred Seventy-Seven Thousand Pesos (Php 177,000.00) as and by way of attorney’s fees; and, Dissatisfied, Fernando questioned the RTC Decision before the CA. Unsubstantiated testimony, offered as proof of verbal agreements which tend to vary the terms of the written agreement, is inadmissible under the rule.25. Even their unsubstantiated claim that the document’s notarization was irregularly made cannot prevail over the presumption that the notary public’s duty has been regularly performed.24 The CA also correctly held that the parol evidence rule applies to this case. However, because these endorsements, do not bear the signature of any officer of GOYU, the trial court, as well as the Court of. to elect specific performance unless the damage remedy is likely not to provide adequate compensation. 2. Specific performance elements will be denied by the court if any of these is not met. 12345 Plaintiff, FOR: SPECIFIC PEFORMANCE-versus-BANANA PAJAMAS, Defendant, X-----X COMPLAINT COMES NOW, Plaintiff by the undersigned counsel unto the Honorable Court respectfully alleges; 1. – DAMAGES CHAPTER 1 > GENERAL PROVISIONS. Specific performance grants the plaintiff what he actually bargained for in the contract rather than damages (pecuniary compensation for loss or injury incurred through the unlawful conduct of another) for not receiving it; thus specific performance is an equitable rather than legal reme… X-----X COMPLAINT COMES NOW, the Plaintiff by the undersigned counsel unto the Honorable Court respectfully alleges; 1. ; Samaniego-Celada v. Abena, 579 Phil. The Supreme Court sustained the trial court’s order allowing an amendment of the original Complaint for specific performance with damages. 220530), for a total consideration of ₱3,200,000.00. Municipal Trial Court. The House of Lords found for the vendors and held that the damages were to be . For example, they could argue that the consideration is inadequate, that there is no contract because of a mistake, or that the contract is too vague. WILLIAM FRANCISCO, Respondent. These remedies include filing a lawsuit to collect damages or seeking a court order requiring the infringing party to live up to their obligations. Alchester Insurance Agency, Inc., MICO's underwriter from, whom GOYU obtained the subject insurance policies, prepared the nine endorsements, which were delivered to GOYU, RCBC, and MICO. REPUBLIC OF THE PHILIPPINES. The respondent’s satisfaction of hisobligation under the Agreement. 40376 (later covered by TCT No. Specific performance is a remedy that seeks the specific enforcement of transferring ownership of the subject property as contracted for in the underlying sales contract. 29 Office of the President v. Cataquiz, G.R. Plaintiffs are ignorant of the true names and capacities of Defendants sued herein as DOES 1 through 20, and, therefore, sue said Defendants under such fictitious names. The RTC held that contrary to the petitioners’ claim, the respondent’s full payment of the ₱3,200,000.00 consideration provided in the Agreement was supported by: (1) the petitioners’ acknowledgment in the Agreement that they received the amount of ₱1,200,000.00 upon its execution; and (2) the Certification from PNB that the full amount of Spouses Saraza’s loan with the bank had been fully paid. That Plaintiff, is of legal age, married, Filipino citizen, and a resident of First … Had it not been for GOYU, Alchester would not have known of GOYU's. CIVIL CASE NO. Thus, expanding the availability of specific performance would not give promisees an incentive to exploit breaching promisors. RCBC has a right over the insurance proceeds. Specific per… Usually awarded in the absence of proof of actual damages. To begin with, the petitioners do not deny the authenticity and their execution of the subject Agreement, a matter that is also sufficiently established by the fact that the document was acknowledged before a notary public. § 1332; Diversity of Citizenship) I.The Parties to This Complaint. Whether or not RCBC has a right over the insurance proceeds. 2. The latter remedy is specific performance. When assessing damages, you should first check whether your contract sets out the damages that either side must pay if they breach the contract. assessed at the date when specific performance had become impossible. It is imperative to look into the respondent’s compliance with his covenants under the subject Agreement in order to ascertain whether or not he can compel the petitioners to satisfy their respective undertakings. It provides that personal actions "may be commenced and tried where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the case of a non-resident defendant where he may be found, at the election of the plaintiff." Venue of an Action for SpecificPerformance. Complaint for RECONVEYANCE (1) - Free download as Word Doc (.doc), PDF File (.pdf), Text File (.txt) or read online for free. Damages arising out of natural and probable consequences of breach of contract are also considered an ordinary damage. Although the end result of the respondent’s claim was the transfer of the subject property to his name, the suit was still essentially for specific performance, a personal action, because it sought Fernando’s execution of a deed of absolute sale based on a contract which he had previously made. 2. For starters, a complaint is filed by a plaintiff’s attorney (A plaintiff is a party that is bringing forth a civil lawsuit in court.) In addition to the defenses which he raised during the proceedings before the RTC, he argued that the RTC of Imus lacked jurisdiction over the case as it involved an adjudication of ownership of a property situated in Makati City.17. Understanding Specific Performance. There is no question that GOYU could insure the, mortgaged property for its own exclusive benefit. Article 20. The rules under this Title are without prejudice to special provisions on damages formulated elsewhere in this Code. Research complaints at our website. The assailed decision and resolution of the CA affirmed the Decision4 dated June 5, 2009 of the Regional Trial Court (RTC) of Imus, Cavite, Branch 20, in Civil Case No. We consider the fact that both the RTC and the CA have determined that there has been a full payment by the respondent of his ₱3,200,000.00 obligation under the Agreement. 26 RULES OF COURT, Rule 131, Section 3(d). vs. 2 Penned by Associate Justice Remedios A. Salazar-Fernando, with Associate Justices Celia C. Librea-Leagogo and Michael P. Elbinias, concurring; id. They, nonetheless, opposed the respondent’s complaint on the ground that the amount of ₱1,200,000.00 which was supposed to be paid by the respondent upon the Agreement’s execution remained unpaid. All you want to know about Sample Complaint For Specific Performance Philippines. 156126 should be returned to the mortgagors upon full payment of the loan.11 Spouses Saraza also caused the eviction of the respondent from the property covered by TCT No. Specific Performance as Remedy | Stimmel Law ... Introduction: Even for real estate development , money is still considered adequate compensation in a majority of cases. If it does not, the court will need to go about its own examination of the facts and circumstances of the breach to allocate damages. The Supreme Court sustained the trial court’s order allowing an amendment of the original Complaint for specific performance with damages. The court may award damages for: loss of expectation; loss of chance or opportunity; or; wasted opportunity. Specific performance is referred to under the law as an “equitable” remedy. State: Multi-State Control #: US-03187BG Instant Download $59.00. Republic of the PhilippinesSUPREME COURTManila, G.R. These pertain to the alleged failure of Spouses Saraza to fully understand the contents of the Agreement as these were written in English, and their claim that the Agreement was a contract of adhesion for having been prepared solely by the respondent. 4 Issued by Presiding Judge Fernando Felicen; id. This and the other pleading forms available from the www.uscourts.gov website illustrate some types of information that are … consideration in order to better serve the interest of justice and equity. The petitioners also raise in their Supplemental Petition27 some defenses which were not introduced during the proceedings before the lower courts. 10 Department of Education v Casibang.docx, University of the Philippines Diliman • LAW 102, Mariano Marcos State University • COL 1222, University of the Philippines Diliman • LAW 200, University of the Philippines Diliman • LAW 160A, University of the Philippines Diliman • LAW JD118, University of the Philippines Diliman • LAW 101. Category: Civil Pro Se Forms. In the said case, a complaint for specific performance that involved property situated in Parañaque City was instituted before the RTC of Pasig City. Art. Specific Performance asks the court to force the opposing party into a contract that binds them to actually perform the contract at issue, rather than award damages for breach of contract. The RTC considered the contents of the Agreement executed by the parties, taking into account that it was a notarized document. CIVIL CASE NO. NINTH JUDICIAL REGION REGIONAL TRIAL COURT ZAMBOANGA CITY Sam Sung,. 93961 are AFFIRMED with MODIFICATION in that the award of Pl00,000.00 as damages in favor of respondent William Francisco is deleted. Complaint for Specific Performance [in the sale and purchase of real estate] Plaintiffs allege: 1. Title XVIII. NOTE: Special Damages are those which exist because of special circumstances and for which a debtor in good faith can be held liable if he had been previously informed of such. 2. The claim is a brief and exact statement of the basis upon which the plaintiff seeks relief. 156126 upon full payment of the loan. In a lawsuit requesting specific performance, a defendant can also raise certain defenses that they couldn’t raise if you were seeking money damages. OF A CONTRACT TO CONVEY REAL PROPERTY (28 U.S.C. _____03_____ Plaintiff, FOR: SPECIFIC PERFORMANCE-versusGal Axy, Defendant. Based on the facts of your case, perform legal research to identify the claims that you can legitimately plead and damages you can seek. Petitioner Fernando’s Motion for Reconsideration19 was denied by the CA in the Resolution dated September 30, 2011.20 Hence, this petition for review on certiorari. MANUEL BAZAN, PABLO BAZAN, JR. and ... Complaint for Damages Sample. No. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. The amount of ₱1,200,000.00 was paid upon the Agreement’s execution, while the balance of ₱2,000,000.00 was to be paid on installments to the Philippine National Bank (PNB), to cover a loan of Spouses Saraza, Fernando’s parents, with the bank. They are presented for illustration purposes only. The CA affirmed the RTC rulings via the Decision dated June 28, 2011. Private respondent did not claim ownership but, by annotating a notice of lis pendens on the title, recognized defendants’ ownership thereof. That Plaintiff, is of legal age, married, Filipino citizen, and a resident of First … A final deed of sale conveying the property was to be executed by Fernando upon full payment of the PNB loan.6, It was also agreed upon that should the parties fail for any reason to transfer the subject property to the respondent’s name, Rosario and Fernando’s 136-sq m property covered by TCT No. Damages are suitable here. More importantly, the Court explained that the case was a personal action since it did not involve a claim of ownership of the subject property, but only sought Fernando’s execution of a deed of sale in the respondent’s favor. In a lawsuit requesting specific performance, a defendant can also raise certain defenses that they couldn’t raise if you were seeking money damages. It is to be noted that nine endorsement documents were prepared by Alchester in favor of, RCBC. No. 2196. Later, Integrated Silicon filed a complaint for “Specific Performance and Damages” against Agilent and its officers. Thus, the venue for the action was the residence of the plaintiff or the defendant, at the plaintiff’s option.18. 2195. In addition to the foregoing, the petitioners’ plain denial of the respondent’s claim of full payment is self-serving, belied by their admission that they had not at anytime demanded from the respondent the payment of ₱1,200,000.00. 156126 and encumbered to PNB to secure the loan that was to be paid by the respondent shall be considered a collateral in favor of the respondent.7 Spouses Saraza signified their conformity to the Agreement. Specific performance is referred to under the law as an “equitable” remedy. 220530 of the Registry of Deeds of Makati in favor of [respondent] William Francisco pursuant to their Agreement dated 01 September 1999; 2. to DELIVER to [respondent] William Francisco the Owner’s Copy of Transfer Certificate of Title No. Contrary to the petitioners’ stance, the Agreement also does not appear to be a contract where the petitioners had no opportunity to question its terms, negotiate or decline its execution. Example: Rina offers to buy Beth's house and Beth accepts, but later decides to keep the property. Complaint Sample Republic of the Philippines. Download Form (docx, 42.67 KB) Download Form (pdf, 1.02 MB) Form Number: Pro Se 9. The claim in the complaint was for moral and compensatory damages, yet the RTC failed to indicate whether the Pl00,000.00 was for the moral damages for the "undue anxiety, mental anguish and wounded feelings"38, or compensatory damages for the "actual business losses due to disruption of his business"39 as alleged by the respondent in his Amended Complaint. They also could argue that the court would have trouble supervising the specific performance. More importantly, there is no showing that such allegations were sufficiently substantiated by the respondent, rendering the deletion of the award warranted. In Siasoco v. Court of Appeals, private respondent filed a case for specific performance with damages before the RTC of Quezon City. Select and buy the Complaint for Specific Performance to Enforce Settlement and for Punitive Damages from the catalog, personalize it any way you want and share with recipients instantly. Example: Rina offers to buy Beth's house and Beth accepts, but later decides to keep the property. The defendants allegedly reneged on their contract to sell to them a parcel of land located in Bago City – a piece of property which the latter sold to petitioner while the case was pending before the said RTC. No. RCBC, one of GOYU's creditors, also filed with MICO its formal claim over the proceeds of the insurance policies, but said claims were also denied for the same reasons that AGCO denied GOYU's claims. An action for specific performance requests the court to order a party to comply with their contractual obligation. The contract may relate to personal or real property. This remedy is available to both the buyer and the seller; however, specific performance will only be available if the contract contains terms that are clear, definite and certain. 28 Buklod nang Magbubukid sa Lupaing Ramos, Inc. v. E.M. Ramos and Sons, Inc., G.R. Legal Definition list. GOYU filed a complaint for specific performance and damages RCBC one of GOYUs. 2. It held: In another case, the High Court held that: "The recitals in a public instrument executed with all the legal formalities are evidence against the parties thereto and their successors in interest, and a high degree of proof is necessary to overcome the presumption that such recitals are true." The respondent alleged in his complaint that on September 1, 1999, he and Fernando executed an Agreement5 that provided for the latter’s sale of his 100-square meter share in a lot situated in Bangkal, Makati City, which at that time was still registered in the name of one Emilia Serafico and covered by Transfer Certificate of Title (TCT) No. 93961. X-----X COMPLAINT COMES NOW, the Plaintiff by the undersigned counsel unto the Honorable Court respectfully alleges; 1. The respondent was also allowed to take immediate possession of the property covered by TCT No. This is a Court Sample and NOT a blank form. Plaintiff__ will amend this complaint to allege their true names and capacities when ascertained. 137582, August 29, 2012, 679 SCRA 191, 201. Complaint for Specific Performance or Damages Based on a Contract to Convey Real Property. Appeals, concluded that the endorsements are defective. The petitioners denied the request. 183445, September 14, 2011, 657 SCRA 681, 705-706, citing Madrid v. Mapoy, G.R. Purpose. ™ Category: Civil Actions - Complaints - Settlement Agreements. However, specific performance is considered an equitable remedy, which may not be granted when an adequate method of relief exists in law which serves to compensate the injured party. A court will grant such relief only when monetary damages are inadequate to remedy the situation. I caused the preparation of the foregoing complaint; 3. WHEREFORE, the Decision dated June 28, 2011 and Resolution dated September 30, 2011 of the Court of Appeals in CA-G.R. 5. Lord. A summon letter and a complaint letter serve different purposes. Buy now. Fernando, being equally bound by the terms of the document, was correctly ordered by the RTC and the CA to duly comply with his own obligation under the contract, particularly the obligation to execute a deed of sale over his 100-sq m property in Bangkal, Makati City. 2196. That Plaintiff is of legal age, married, Filipino citizen and a resident of … (16a) CHAPTER 2 Human Relations (n) Article 19. Understanding Specific Performance. That Plaintiff is of legal age, married, Filipino citizen and a … Plaintiff__ will amend this complaint to allege their true names and capacities when ascertained. She said she can’t move because of her retirement and the Court would not remove her from the house under the circumstances where the damages are only $2,900. The complaint also serves as notice to the defendant that legal action is underway. The CA rejected the petitioners’ allegation that the amount of ₱1,200,000.00 remained unpaid by the respondent, citing the stipulation in their Agreement which provided that the said amount was paid upon the contract’s execution. The Court reiterated the rule that a case for specific performance with damages is a personal action which may be filed in a court where any of the parties reside.33 (Citations omitted and emphasis supplied). The lady was candid. In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code. 150887, August 14, 2009, 596 SCRA 14, 28. 40376. To dispute the respondent’s claim that he has satisfied said obligation, the petitioners now raise factual issues which the Court however emphasizes are not for the Court to reassess. Download Form (docx, 42.67 KB) Download Form (pdf, 1.02 MB) Form Number: Pro Se 9. Art. Legal Forms of Philippines 1. It alleged that Agilent breached the parties’ oral agreement to extend the VAASA. An extraordinary equitable remedy that compels a party to execute a contract according to the precise terms agreed upon or to execute it substantially so that, under the circumstances, justice will be done between the parties. There is no claim that the cited language limitation equally applied to the respondent, the principal party in the Agreement. The case stems from an amended complaint filed by William Francisco (respondent) against Fernando Saraza (Fernando) and Spouses Teodoro and Rosario (Rosario) Saraza (Spouses Saraza) (petitioners). Questions of fact are not entertained, for the Court is not duty-bound to analyze again and weigh the evidence introduced in and already considered by the tribunals below.21 When supported by substantial evidence, the findings of fact of the CA are conclusive and binding on the parties and are not reviewable by the Court, save in some recognized exceptions such as: (1) when the conclusion is a finding grounded entirely on speculation, surmises and conjectures; (2) when the inference made is manifestly mistaken, absurd or impossible; (3) where there is a grave abuse of discretion; (4) when the judgment is based on a misapprehension of facts; (5) when the findings of fact are conflicting; (6) when the CA, in making its findings, went beyond the issues of the case and the same is contrary to the admissions of both appellant and appellee; (7) when the findings are contrary to those of the trial court; (8) when the findings of fact are conclusions without citation of specific evidence on which they are based; (9) when the facts set forth in the petition as well as in the petitioners’ main and reply briefs are not disputed by the respondents; and (10) when the findings of fact of the CA are premised on the supposed absence of evidence and contradicted by the evidence on record.22. The Court, however, modifies the lower courts’ award of damages in favor of the respondent.1âwphi1 In the assailed decision, the CA affirmed the RTC’s award of the following amounts: (1) ₱100,000.00 as damages; (2) ₱177,000.00 as attorney’s fees; and (3) costs of suit. Plaintiff__ is__ informed and believes__ and thereon alleges__ that, at all times herein mentioned, each of the defendants sued herein was the agent and employee of each of the remaining defendants and was at all times acting within the purpose and scope of such agency and employment. Both the RTC and the CA failed to indicate the award's classification and the factual and legal bases therefor, save for a general statement by the R TC that it was deemed a "reasonable amount of damages arising from the failure of the [petitioners] to fulfill [their] obligation under their Agreement."37. Louie Boy Mabalot. Category: Civil Pro Se Forms. Suits for specific performance with damages do not affect ejectment actions (e.g., to compel renewal of a lease contract) (Desamito v. Cuyegkeng, 18 SCRA 1184 (1966); Pardo de Tavera v. Encarnacion, 22 SCRA 632 (1968); Rosales v. CFI, 154 SCRA 153 (1987); Commander Realty, Inc. v. … Navigate to the catalog to get started. Our ruling in Cabutihan v. Landcenter Construction & Development Corporation31 is instructive. The vendors sought discharge of the order for specific. 156126.12 These prompted the respondent to institute the civil case for specific performance, sum of money and damages with the RTC of Imus, Cavite on December 7, 2004.13, The petitioners admitted the existence of the Agreement and the Authority which was addressed to PNB. Upon review, the Court finds no justification for the order to pay damages in the amount Pl00,000.00. The most important part of the complaint is the claim. 156126 through a contract of lease8. About These Forms In General. The petitioners likewise furnished PNB with an Authority9, allowing the respondent to pay their obligations to the PNB, to negotiate for a loan restructuring, to receive the owner’s duplicate copy of TCT No. Specific performance is the legal concept that anyone who signs a contract is bound to the terms of the contract. The respondent’s obligation under the Agreement pertains to the payment of the ₱3,200,000.00 consideration for Fernando’s corresponding duty of executing a Deed of Sale over the property formerly covered by TCT No. Uploaded by. This remedy is available to both the buyer and the seller; however, specific performance will only be available if the contract contains terms that are clear, definite and certain. It is also significant that GOYU voluntarily and purposely took the, insurance policies from MICO, a sister company of RCBC, and not just from any other, insurance company. It is settled that a mortgagor and a mortgagee have separated and distinct insurable, interests in the same mortgaged property, such that each one of them may insure the same, property for his own sole benefit. No. Complaint for Specific Performance to Enforce Settlement and for Punitive Damages. Hence, the decretal portion of the RTC Decision reads: WHEREFORE, premises considered, judgment is hereby rendered ordering [petitioner] Fernando M. Saraza as follows, viz: 1. to EXECUTE a Deed of Absolute Sale covering the 100-square meter parcel of land located in Barangay Bangkal, City of Makati and covered by Transfer Certificate of Title No. At the outset, the Court underscores the limited scope of a petition for review on certiorari under Rule 45 of the Rules of Court. Court of Appeals, private respondent filed a case for specific performance with damages before the RTC of Quezon City. AMENDED COMPLAINT for Damages, Specific Performance and Injunctive Relief against defendant(s) Hyperion VOF with JURY DEMAND, filed by Amiga Inc. (Attachments: # 1 Exhibit A-J, # 2 Exhibit K-O, # 3 Exhibit P-W)(Cock, Lawrence) This and the other pleading forms available from the www.uscourts.gov website illustrate some types of information that are … Attach additional pages if needed. Check the federal, state, and local rules for specific requirements regarding the filing of a complaint. Plaintiff, _____ [name], is an individual and is now, and at all times mentioned in this complaint was, a resident of _____ County, California. SAMPLES OF BASIC LEGAL FORMS I. CAPTIONS Under the Judiciary Reorganization Act of 1980 (Batas Pambansa Blg.129), all courts except the Supreme Court, the Sandiganbayan and the Court of Tax Appeals were abolished and the following Courts were created: Intermediate Appellate Court; Regional Trial Court created in 13 Judicial Regions including the National …
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