legal forms (april 7)

8/18/2019 Legal Forms (April 7)

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THEORY OF THE CASE

Board Resolution No. 02-0202 is a valid and enforceable act by the Board of

Directors of Wideland Realty Incorporated (WRI). Based on said board resolution

!a"es Band has the ri#ht to co"pel WRI to co"ply $ith its obli#ation to transfer

and re#ister the properties stated in the board resolution but only up to the e%tent

by $hich !a"es Band is entitled as provided by la$. & co"plaint for specific

perfor"ance and da"a#es are herein filed a#ainst WRI to'

. ransfer and re#ister under the na"e of !a"es Band'

a. the a#ricultural land (rural land) located in *iblib +uli but only three (,)

hectares of the five () heactares

b. units 2 , of /aar#ay ondo"iniu"s andc. five () shares of stoc1 in an#-ur 3olf and ountry lub.

2. Deliver to !a"es Band cash or any other properties e4uivalent to the value

of'

a. t$o (2) hectares of the a#ricultural land in *iblib +uli and

b. 5nit of /aar#ay ondo"iniu"s

,. Deliver to !a"es Band the accrued rent (earned fro" /arch 20 200 6

present) fro" units and of /aar#ay ondo"iniu"s.


2/10

REPUBLIC OF THE PHILIPPIES

FIRST JUDICIAL REGION

REGIONAL TRIAL COURT

BAGUIO CITY

BRANCH NO. ____ (*walang “No.!

!&/7+ B&ND as represented by !a"es Band !r

laintiff

I8I* &+7 No. 999999

-versus- :;R' +pecific

erfor"ance and Da"a#es

WID7*&ND R7&*< IN;R;R&7D

Defendant.

%---------------------------------------------%

CO"PLAINT

o"es no$ plaintiff throu#h undersi#ned counsel and unto this =onorable

ourt avers'

hat !a"es Band plaintiff is an &"erican citi>en of le#al a#e $ido$er $ith address at ?@A Beverly =ills *os &n#eles. !;IN &ND 2

2 hat plaintiff is herein represented by his attorney-in-fact !a"es Band !r.

also of le#al a#e "arried :ilipino and $ith address at No. 2, /ordun#

Road Ba#uio ity by virtue of a special po$er of attorney e%ecuted by

plaintiff on :ebruary 0 20 attached to this co"plaint as C&nne% &.

, hat Wideland Realty Incorporated (WRI for brevity) defendant is a

corporation or#ani>ed under hilippine *a$s en#a#ed in the business of developin# sellin# and leasin# real properties $ith pri"ary business

address at No. 2, /apu1pu1a$ +treet Di"asara1an ity.

hat plaintiff $as a board "e"ber of the Board of Directors of Wideland

Realty Incorporated for the period @@-200.


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hat durin# the incu"bency of plaintiff as a board "e"ber he had lent the

corporation to aid the latter in its operation the a"ount of hp

A00000.00.

E hat plaintiff "anifested and presented a list to WRI indicatin# that as of

/arch 20 200 his unpaid salaries a"ount to hp 0000000.00F and his

account receivables $ithout receipts a"ount to hpA 00 000.00.

A hat after "uch ne#otiation ta1in# into account the li4uidity of the

corporation the plaintiff and WRI a#reed that the for"er be paid a

discounted a"ount of hp 000 000.00 and to receive properties in lieu

of cash as full and final settle"ent of the aforesaid clai"s a#ainst thecorporation.

G hat on /arch 20 200 the Board of Directors of WRI issued Board

Resolution No. 02-0202 titled C&R;8IN3 =7 +7*7/7N ;:

&** 5N&ID +&*&RI7+ &ND &;5N R77I8&B*7+ ;: !&/7+

B&ND &3&IN+ =7 ;R;R&I;N attached to this co"plaint as

C&nne% B conveyin# the follo$in# properties to plaintiff'

a corporate share of an#-5r 3olf and ountry lub $ith an

esti"ated value of hp 000 000.00. b 5nits 2 , and of /ar#aay ondo"iniu" $ith :air /ar1et

8alue a"ountin# to hp 000000.00

c hectares a#ricultural land located in *iblib +uli covered by no.

2 the :air /ar1et 8alue of $hich is hp 000 000.00

@ hat on /arch 2 200 plaintiff too1 possession of the a#ricultural land

and started the introduction of i"prove"ent althou#h re#istration of the said

property in the na"e of plaintiff had not been underta1en by WRI as of the

present.

0 hat plaintiff later found out that 5nit I of /aar#ay orporation turned out

to be o$ned by another corporation and not of WRI.

hat the occupants of 5nits and of /ar#aay ondo"iniu" never

vacated the pre"ises and continued to pay WRI hp 0000 each as "onthly

rentals.


4/10

2 hat the shares under an#-5r 3olf and ountry lub $ere never

transferred under plaintiffHs na"e.

, hat plaintiff a for"er natural born :ilipino citi>en travelled to the 5nited

+tates on /arch 0 200E and beca"e a 5.+ citi>en on /arch 2 20,.

hat on !anuary , 20 plaintiff returned to the hilippines.

hat plaintiff in several occasions has been in4uirin# of the status of the

board resolution and de"andin# for its enforce"ent but to no recourse.

E hat on !anuary A 20 plaintiff sent a de"and letter to WRI to co"ply

$ith the Board Resolution No. 02-0202 by havin# the properties stated

therein be transferred and re#istered under his na"e until :ebruary E 20.

A hat no co""unication $as "ade by WRI despite the de"and thus plaintiff

e%ecuted a +pecial o$er of &ttorney authori>in# !a"es Band !r. to file a

case for and in his behalf.

G hat plaintiff suffered "oral an%iety for $hich he is entitled for hp0000.00.

@ hat by reason of the fore#oin# circu"stances the plaintiff $as co"pelled

to file this co"plaint en#a#in# the services of counsel in the a"ount of 0

000.00.

#HEREFORE pre"ises considered plaintiff prays that the =onorable

ourt orders the defendant to'

. ause on its o$n cost the transfer and re#istration under the na"e of

plaintiff the follo$in# properties'

a. hree (,) hectares of the a#ricultural land located in *iblib +uli


5/10

b. :ive () corporate shares of an#-ur 3olf and ountry lub

c. 5nits 2 , and of /ar#aay ondo"iniu".

2. Deliver to plaintiff cash or any property e4uivalent to the value of the

follo$in#'

a. 5nit of /ar#aay ondo"iniu"

b. $o (2) hectares of the a#ricultural land in *iblib +uli

,. Deliver to plaintiff the accrued rent earned fro" 5nits and for the

period rec1onin# fro" /arch 20 200 up to the present.

. ay plaintiff the a"ount of hp 0000 as "oral da"a#es.

. ay plaintiff the a"ount of hp 0000 as attorney fees and hp 20000

as liti#ation costs.

&ll other reliefs dee"ed ust and e4uitable are also prayed for.

:ebruary 20

Ba#uio ity hilippines

DE GU$"AN% GACOD% "ACARI"PAS% SA&ELLANO% SOLDA an'

TACTAY Law O)+

;5N+7* :;R *&INI::

0 Bahay Jubo Buildin# Blue Road

Ba#uio ity 2E00 hilippines

B


6/10

D7 35K/&N /&37R


7/10


8/10

&ERIFICATION

I !a"es Band !r. :ilipino of le#al a#e "arried and $ith address at No. 2,

/ordun# Road Ba#uio ity after havin# been duly s$orn in accordance $ith la$

hereby depose and state the follo$in#'

. !a"es Band is the plaintiff in this co"plaintF

2. I as authori>ed throu#h a +pecial o$er of &ttorney C&nne% B e%ecuted

by the plaintiff have caused the preparation of the fore#oin# co"plaintF

,. I have read the contents and the sa"e are true and correct based on "y

1no$led#e belief and authentic records.

IN #ITNESS THEREOF I set "y hand unto this th day of :ebruary

20 at +ession Road Ba#uio ity hilippines.

!a"es Band !r.

&ctin# throu#h a +pecial o$er of &ttorney

&ttached as &nne% CB

:or and in behalf of !a"es Band (plaintiff)

+++ N;. 2,EAG

SUBSCRIBED AND S#ORN to before "e this th day of :ebruary 20

at +ession Road Ba#uio ity and e%hibited +++ ID $ith No. 2,EAG@.

/&N;*; +IN3IR

Notary ublic 5ntil Dec. , 20

0 rushin# Bld# +in1in# Rd.

Ba#uio ity 2E00 hilippines N& No. 2-N--R

R No. 0AAAAA-0- B. .

IB No. GEEE0 -0-2 Ba#uio Roll No. E0A,


9/10

CERTIFICATION AGAINST FORU" SHOPPING

I !a"es Band !r. :ilipino of le#al a#e "arried and $ith address at No. 2,

/ordun# Road Ba#uio ity after havin# been duly s$orn in accordance $ith la$

hereby depose and state the follo$in#'

. !a"es Band is the plaintiff in this co"plaintF

2. I as authori>ed throu#h a +pecial o$er of &ttorney C&nne% B e%ecuted

by the plaintiff have caused the preparation of the fore#oin# co"plaintF

,. I hereby certify that I have not co""enced any other action or proceedin#

involvin# the sa"e issues in any court tribunal or 4uasi-udicial a#ency andto the best of "y 1no$led#e no such other action or clai" is pendin#

thereinF

. hat if I should learn thereafter that a si"ilar action or proceedin# has

been filed or is pendin# I hereby underta1e to report that fact $ithin five ()

days therefro" to the court or a#ency $here the ori#inal pleadin# and s$orn

certification conte"plated herein have been filed.

IN #ITNESS THEREOF I set "y hand unto this th day of :ebruary

20 at +ession Road Ba#uio ity hilippines.

!a"es Band !r.

&ctin# throu#h a +pecial o$er of &ttorney

&ttached as &nne% CB

:or and in behalf of !a"es Band (plaintiff)

+++ N;. 2,EAG

SUBSCRIBED AND S#ORN to before "e this th day of :ebruary 20

at +ession Road Ba#uio ity and e%hibited +++ ID $ith No. 2,EAG@.


10/10

/&N;*; +IN3IR

Notary ublic 5ntil Dec. , 20

0 rushin# Bld# +in1in# Rd.

Ba#uio ity 2E00 hilippines

N& No. 2-N--R

R No. 0AAAAA-0- B. .

IB No. GEEE0 -0-2 Ba#uio Roll No. E0A,

Docu"ent No. 2@@

a#e No. @@

Boo1 No. MM

+eries of 20

legal forms (april 7)

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