REPUBLIC OF THE PHILIPPINES
FIRST JUDICIAL REGION
REGIONAL TRIAL COURT OF LA TRINIDAD
PROVINCE OF BENGUET, BRANCH 62
DEVELOPMENT, INC., CIVIL CASE NO.
Plaintiff,
17-CV-3305
-Versus-
Juana DC, For: CONSIGNATION
Defendant.
X----------------------X
AMENDED COMPLAINT
PLAINTIFF DEVELOPMENT, INC. by the undersigned counsel, unto this Honorable Court, most respectfully
states that: PARTIES
[Link] DEVELOPMENT, INC. (hereinafter, “Development INC”), is a domestic corporation duly
organized and existing under and by virtue of the laws of the Republic of the Philippines, with office address at 3rd
Floor, FADI Building, No. 5 West Capitol Drive., Brgy. Kapitolyo, Pasig City, Metro Manila;
[Link] JUANA DC (hereinafter, [Link]), is a Filipino, of legal age, and resident of Block 2, Lot 3,
Dreamland Subdivision, Phase 2, Barangay Pico, La Trinidad, Benguet, where they may be served with summons
and other legal processes;
FIRST CAUSE OF ACTION (as to CONSIGNATION)
[Link] INC is the registered owner of a parcel of land, with improvement, situated within Dreamland
Subdivisions, Brgy. Pico, La Trinidad, Province of Benguet and covered by Transfer Certificate of Title No.
T-59020, (hereafter, the “Subject Property”), a copy of which are attached herein as Annex “A”;
[Link] INC entered into a Contract to Sell dated June 27, 2007 with Ms. ABC. A copy of the Contract
to Sell is attached herein as Annex “B”;
[Link] virtue of and pursuant to the Contract to Sell, Development INC conditionally delivered to Ms. ABC the
possession of the Subject Property;
[Link] the Contract to Sell, Ms. ABC promised to pay the balance of the contract price in the amount of
EIGHT HUNDRED FIFTY-NINE
THOUSAND SIX HUNDRED PESOS (PhP 869,600.00) through in-house financing;
[Link] in-house financing provides for payment of the balance over sixty (60) months in the amount of TWENTY-
ONE THOUSAND EIGHT HUNDRED TWENTY-SEVEN and 83/100 Pesos (PhP 21,827.83), inclusive of 18%
interest per annum.
[Link] the clear provisions of the Contract to Sell, Ms. ABC failed to comply with their obligations
therein. Thus, demands were made to Ms. Ms. ABC to comply with her obligation. However, despite such demands,
Ms. Ms. ABC refused and continuously refused to pay their outstanding obligation to Development INC while
still continuously enjoying possession of the Subject Properties, to the detriment and damage of Development
INC;
[Link] to the provisions of the Contract to Sell and Republic Act No. 6552 or the “Realty Installment Buyer and
Rescission of Contract dated April 26, 2017, which was received by her daughter, Ms. Cathlyn Ms. ABC on May 5,
2017, as evidenced by the Registry Return Receipt. A copy of the Notice of Delinquency and Rescission of
Contract dated April 26, 2017 and the Registry Return Receipt are attached herein as Annexes “C” and “D”
[Link] provided in the Notice of Delinquency and Rescission of Contract is a notice to Ms. Ms. ABC to
collect the case surrender value within 30 days from receipt of the Notice. As proof of readiness if
Development INC to pay the cash surrender value pursuant to RA No. 6552, Development INC furnished a photocopy
of BDO Baguio-Session Road Branch Check No. 0000657613 dated 26 April 2017 in the amount of PhP
715,808.02 attached as Annex A of the Notice;
[Link] one (1) month from receipt of the Notice of Delinquency and Rescission of Contract dated April 26,
2017 and with the Ms. ABC still refusing to collect the PAYMENT dated June 5, 2017 tendering the case
surrender value of the Contract to Sell, in accordance with R.A. No. 6552. Ms. xxxx received the Tender of
Payment on June 22, 2017, as shown in the Registry Return Receip. A copy of the Tender of Payment dated June
5, 2017 and the Registry Return Receipt are attached herein as Annexes “E” and “F”;
[Link] date, it has been more than one (1) month since the period provided by Development INC in the
Tender of Payment of the Cash Surrender Value and Ms. ABC refuses and continuously refuses without just
cause to accept the payment;
[Link] 1256 of the New Civil Code provides: If the creditor to whom tender of payment has been made refuses
without just cause to accept it, the debtor shall be released from responsibility by the consignation of the thing or
sum due
[Link] Ms. ABC refusal without just cause to accept the Cash Surrender Value, notwithstanding Tender of
Payment, Development INC prays that this Honorable Court approve the consignation of the Case Surrender
Value and thereafter deposit the amount due at the disposal of this Honorable Court;
[Link] proof of the readiness of Development INC to put the amount at the disposal of this Honourable
Court upon approval of the consignation, attached herein as Annex “G” is a photocopy of BDO Baguio-
Session Road Branch Check No. 0000657613 dated 26 April 2017 in the name of Juana dela Cruz in the
amount of PhP 715,808.02, representing the Cash Surrender Value. Development INC is ready, willing and able to
issue a subsequent check upon order of this Honourable Court;
SECOND CAUSE OF ACTION (as to DAMAGES)
[Link] a result of Ms. ABC’s gross and evident bad faith to refuse, without just cause, to accept the Cash Surrender
Value, Development INC was compelled to institute this present Complaint for which it engaged the service of
counsel obligating itself to pay the latter (a) ONE HUNDRED THOUSAND PESOS (PhP100,000.00) as and
for ATTORNEY’S FEES: (b) the amount of TEN THOUSAND PESOS (PhP 10,000.00) every hearing as
APPEARANCE FEE, taking into consideration the distance and time it will take to travel to and from Metro
Manila and La Trinidad; and (c) costs of suit and other litigation expenses;
[Link] view of the wanton, fraudulent, reckless, oppressive, or malevolent refusal to receive, without just cause, the
Cash Surrender Value, Ms. ABC maliciously prevents the effectivity of the Notice of Delinquency and Rescission
of Contract dated April 26, 2017 for which Development INC is entitled to under R.A. No. 6552 and yet
continue in the possession of the Subject Properties and unjustly enrich themselves to the damage and
prejudice of Development INC, Ms. ABC must be held liable to Development INC for EXEMPLARY
DAMAGES in the amount of ONE HUNDRED THOUSAND PESOS (Php 100,000.00.
WITNESSES AND DOCUMENTS
18. To prove and support the herein complaint, the Plaintiff will be presented as a witness through her
Judicial Affidavit to prove that there exists a valid debt and a valid prior tender on the part of the
Defendant;
[Link] support of this amended complaint, the following documents will be presented:
EXHIBIT DESCRIPTION
A” Transfer Certificate of Title No. T-59020
Purpose
To prove that the Plaintiff is the registered owner of the subject property
“B” Contract to Sell
Purpose
To prove that the Plaintiff and Defendant entered into an agreement
“C” Notice of Delinquency and Rescission of Contract
dated April 26, 2017
“D” the Registry Return Receipt
Purpose To prove a valid prior notice of consignation
“E" Tender of Payment dated June 5, 2017
“F” Registry Return Receipt
Purpose
To prove a valid tender payment between the parties
“G” BDO Baguio-Session Road Branch Check No.
0000657613 dated 26 April 2017
Purpose
To prove the actual subsequent consignation of the Plaintiff upon order of the Court
PRAYER
WHEREFORE, plaintiff DEVELOPMENT, INC., respectfully prays that after hearing, judgement be
rendered by this Honourable Court, as follows:
a. GRANT and/or ALLOW the CONSIGNATION of the Cash Surrender Value of the Contract to Sell pursuant
to Republic Act No. 6552 and thereafter DIRECT plaintiff to place the said amount at the disposal of this
Honourable Court;
b. After placing the amount at the disposal of this Honorable Court, announce the CONSIGNATION of
the thing due and consequently, notify the defendant JUANA DELA CRUZ of the fact of the
consignation;
c. DIRECT defendant JUANA DELA CRUZ to pay the plaintiff:
i. The amount of ONE HUNDRED THOUSAND PESOS (PhP 100,000.00) as and for ATTORNEY’S
FEES and the amoun
PRAYER
WHEREFORE, plaintiff DEVELOPMENT, INC., respectfully prays that after hearing, judgement be
rendered by this Honourable Court, as follows:
[Link] and/or ALLOW the CONSIGNATION of the Cash Surrender Value of the Contract to Sell
pursuant to Republic Act No. 6552 and thereafter DIRECT plaintiff to place the said amount at the disposal of this
Honourable Court;
[Link] placing the amount at the disposal of this Honorable Court, announce the CONSIGNATION of
the thing due and consequently, notify the defendant JUANA DELA CRUZ of the fact of the consignation;
[Link] defendant JUANA DELA CRUZ to pay the plaintiff: [Link] amount of ONE HUNDRED
THOUSAND PESOS (PhP 100,000.00) as and for ATTORNEY’S FEES and the amount of TEN THOUSAND
PESOS (PhP 10,000.00) every hearing, as APPEARANCE FEE;
ii. EXEMPLARY DAMAGES in the amount of ONE HUNDRED THOUSAND PESOS (PhP
100,000.00);
iii. Litigation expenses, in such amount as may be proved during the trial; and
Iv .Costs of suit. Other reliefs just and equitable under the circumstances are likewise prayed for.
Baguio City this __th day of March 2022.
RODEL D. GALLETO GALLETO LAW OFFICE Room 303, 3rd Floor Jose Miguel Bldg., Abanao St.
corner Yandoc St., Baguio City PTR No. 5411831, 01.03.2022; Baguio City IBP O.R. No. 006933; 01.03.2022;
Baguio City Chapter Roll No. 54542; 05.03.2007 MCLE Compliance No. VII-0002578; 03.06.2020, Baguio City E-
mail address: rdgalleto@[Link]; Mobile Phone Number: 0917-508258
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, NELIA AGUILAR, Filipino, of legal age, with office address at 3rd Floor, FADI Building, No. 5 West
Capitol Drive, Brgy., Kapitolyo, Pasig City, Metro Manila, after having been duly sworn in accordance with law,
hereby depose and state that:
1.I am the Administration Head of Plaintiff, DEVELOPMENT, INC. (the “Corporation”). In my
capacity as such, I have been authorized to file this Complaint for Consignation against the defendants herein and
execute the necessary Verification and Certification against Forum Shopping for and on behalf of the Company,
a copy of the Secretary’s Certificate is attached herein; I have caused the preparation of the foregoing Amended
Complaint and I have read and understood the same and knows the contents thereof, and that the allegations
contained therein are true and correct of my own personal knowledge and are based on true and authentic
records.
[Link] the complaint/pleading is not filed to harass, cause unnecessary delay, or needlessly caused to
increase the cost of litigaion; That the factual allegations herein have evidentiary support or, if specifically so
identified, will likewise have evidentiary support after a reasonable opportunity for discovery; That the signature
of the affiant/s shall further serve as a certification of the truthfulness of the allegations in the herein
complaint/pleading;
3.I further certify that: (a) I have not theretofore commenced any other action or proceeding or filed
any claim involving the same issues or matters in any court, tribunal, or quasi-judicial agency and, to the best of
my knowledge, no such action or proceed is pending therein; (b) If I should thereafter learn that the same
or similar action or proceeding is pending has been filed or is pending before the Supreme Court, 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, we have hereunto set my hand this ___th day of March 2022 in Baguio City,
Philippines.
NELIA AGUILAR
Complainant
Subscribed and sworn to before me in the City of Baguio, this ___th day of March 2022, I hereby certify that
I have personally examined the movant and I am fully satisfied and convinced that she voluntarily executed and
understood the contents of the foregoing
