For one, the issue of whether or not the respondents obligation to pay has already been satisfied is a factual question. This is a Court Sample and NOT a blank form. 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. When the cases venue was raised as an issue, the Court sided with therein petitioner who argued that "the fact that she ultimately sought the conveyance of real property not located in the territorial jurisdiction of the RTC of Pasig is x x x an anticipated consequence and beyond the cause for which the action [for specific performance with damages] was instituted. Legal Forms of Philippines 1. 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. The respondents satisfaction of his obligation under the Agreement also rendered unmeritorious the petitioners counterclaim for damages. The rules under this Title are without prejudice to special provisions on damages formulated elsewhere in this Code. The CA affirmed the RTC rulings via the Decision dated June 28, 2011. 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. On the issue of jurisdiction, the CA cited Fernandos failure to seasonably file before the lower court a motion to dismiss stating that the action should have been filed in Makati City. That Plaintiff is of legal age, married, Filipino citizen and a resident of … The Court, however, modifies the lower courts award of damages in favor of the respondent.1âwphi1 In the assailed decision, the CA affirmed the RTCs award of the following amounts: (1) ₱100,000.00 as damages; (2) ₱177,000.00 as attorneys fees; and (3) costs of suit. 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). Amount predetermined as total compensation by the parties to an agreement which an injured party should get if other party breaches a part of the contract. 2. 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 respondents name, Rosario and Fernandos 136-sq m property covered by TCT No. 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 … Even their unsubstantiated claim that the documents notarization was irregularly made cannot prevail over the presumption that the notary publics duty has been regularly performed.24 The CA also correctly held that the parol evidence rule applies to this case. 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. Research complaints at our website. The respondent was also allowed to take immediate possession of the property covered by TCT No. The vendors sought discharge of the order for specific. 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. _____ Plaintiff, FOR: SPECIFIC PERFORMANCE-versus-ZILLA E. PAGULAYAN, Defendant. 4 Issued by Presiding Judge Fernando Felicen; id. The Court compared these two cases with the case of National Steel Corporation v. Court of Appeals34 where the Court held that an action that seeks the execution of a deed of sale over a parcel of land is for recovery of real property, and not for specific performance, because the primary objective is to regain ownership and possession of the property.35 It was explained that the prayer in National Steel was not in any way connected to a contract that was previously executed by the party against whom the complaint was filed, unlike in Cabutihan where the parties had earlier executed an Undertaking for the propertys transfer, correctly giving rise to a cause of action either for specific performance or for rescission, as in this case. ©1997)] Specific Performance is an equitable remedy for breach of contract. Understanding Specific Performance. Damages arising out of natural and probable consequences of breach of contract are also considered an ordinary damage. ICLG - Litigation & Dispute Resolution Laws and Regulations - Philippines covers common issues in litigation and dispute resolution laws and regulations – including preliminaries, commencing proceedings, defending a claim, joinder & consolidation and duties & powers of the courts – in 45 jurisdictions. No. To dispute the respondents 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. There is no question that GOYU could insure the, mortgaged property for its own exclusive benefit. Whether or not RCBC has a right over the insurance proceeds. When a contract is for the sale of a unique property, for instance, mere money damages may not remedy the purchaser's situation. Complaint for Specific Performance [in the sale and purchase of real estate] Plaintiffs allege: 1. 24 RULES OF COURT, Rule 131, Section 3(m). al., v Enriquez, 3 Phil 669).15 (Italics supplied). 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. 150887, August 14, 2009, 596 SCRA 14, 28. § 1332; Diversity of Citizenship) I.The Parties to This Complaint. Based on the facts of your case, perform legal research to identify the claims that you can legitimately plead and damages you can seek. Considering the respondents statement in his complaint that he resides in Imus, Cavite,36 the filing of his case with the RTC of Imus was proper. Check the federal, state, and local rules for specific requirements regarding the filing of a complaint. Course Hero is not sponsored or endorsed by any college or university. The respondents obligation under the Agreement pertains to the payment of the ₱3,200,000.00 consideration for Fernandos corresponding duty of executing a Deed of Sale over the property formerly covered by TCT No. These remedies include filing a lawsuit to collect damages or seeking a court order requiring the infringing party to live up to their obligations. Defendants are indivduals residing in _____ County California. Louie Boy Mabalot. A court will grant such relief only when monetary damages are inadequate to remedy the situation. When assessing damages, you should first check whether your contract sets out the damages that either side must pay if they breach the contract. CV No. An action for specific performance requests the court to order a party to comply with their contractual obligation. This Court ruled that the venue had properly been laid in the RTC of Bacolod, even if the property was situated in Bago. Complaint Sample Republic of the Philippines. 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. About These Forms In General. It alleged that after it accepted the offer of petitioners, they sold to a third person several parcels of land located in Montalban, Rizal. Plaintiff__ will amend this complaint to allege their true names and capacities when ascertained. Title XVIII. This preview shows page 10 - 12 out of 14 pages. X-----X COMPLAINT COMES NOW, the Plaintiff by the undersigned counsel unto the Honorable Court respectfully alleges; 1. At the outset, the Court underscores the limited scope of a petition for review on certiorari under Rule 45 of the Rules of Court. Upon inquiry from PNB, the respondent found out that the petitioners had instead executed an Amended Authority, which provided that the owners copy of TCT No. Philippines: Litigation & Dispute Resolution Laws and Regulations 2020. GOYU filed a complaint for specific performance and damages RCBC one of GOYUs. 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. Effective on December 1, 2016. Had it not been for GOYU, Alchester would not have known of GOYU's. Download Form (docx, 42.67 KB) Download Form (pdf, 1.02 MB) Form Number: Pro Se 9. 137582, August 29, 2012, 679 SCRA 191, 201. Complaint for Specific Performance or Damages Based on a Contract to Convey Real Property. An action for specific performance requests the court to order a party to comply with their contractual obligation. The provisions of this Title shall be respectively applicable to all obligations mentioned in Article 1157. When a contract is for the sale of a unique property, for instance, mere money damages may not remedy the purchaser's situation. at 23-42. Upon review, the Court finds no reason to deviate from this finding of the courts, especially as it is supported by substantial evidence. Defendant _____ [name], ("defendant … COMPLAINT TO REQUIRE PERFORMANCE . OF A CONTRACT TO CONVEY REAL PROPERTY (28 U.S.C. 220530 covering the 100-square meter parcel of land located in Barangay Bangkal, City of Makati which is subject of the Deed of Absolute Sale; and. _____03_____ Plaintiff, FOR: SPECIFIC PERFORMANCE-versusGal Axy, Defendant. Branch 5. Specific Performance as Remedy | Stimmel Law ... Introduction: Complaint for Specific Performance to Enforce Settlement and for Punitive Damages. CV No. 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. - In the performance of the acts under Sections 7 and 8, the owner or operator of the power lines may seek the assistance of LGU officials, the Philippine National Police (PNP), or the Armed Forces of the Philippines (AFP): Provided, That the LGU officials, the PNP, or the AFP shall render such assistance, as may be deemed necessary. In the vast majority of civil suits, the plaintiff is seeking cash, known as monetary damages. Specific performance relates to a contract which is claimed to have been breached. 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. GOYU filed a complaint for specific performance and damages. Legal Definition list. Example: Rina offers to buy Beth's house and Beth accepts, but later decides to keep the property. The provisions of this Title shall be respectively applicable to all obligations mentioned in Article 1157. No. Effective on December 1, 2016. It alleged that Agilent breached the parties’ oral agreement to extend the VAASA. to elect specific performance unless the damage remedy is likely not to provide adequate compensation. SPECIFIC PERFORMANCE [The following article was excerpted from John T. Blanchard's law school textbook, California Remedies: Commentary, Materials and Problems (3d ed. Moreover, this is at the discretion of the Court. 156126 upon full payment of the loan secured by its mortgage, and to perform such other acts as may be necessary in connection with the settlement of the loan.10, When the remaining balance of the PNB loan reached ₱226,582.13, the respondent asked for the petitioners issuance of a Special Power of Attorney (SPA) that would authorize him to receive from PNB the owners duplicate copy of TCT No. asdas ... Republic of the Philippines REGIONAL TRIAL COURT Ninth Judicial Region Branch ____ Zamboanga City. The claim is a brief and exact statement of the basis upon which the plaintiff seeks relief. 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. ™ Category: Civil Actions - Complaints - Settlement Agreements. CIVIL CASE NO. SPOUSES TEODORO and ROSARIO SARAZA and FERNANDO SARAZA, Petitioners, GOYU indeed insured the mortgaged property with, MICO, an insurance company acceptable to RCBC. However, because these endorsements, do not bear the signature of any officer of GOYU, the trial court, as well as the Court of. 40376. 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. Moreover, given this presumption, the petitioners were supposed to be wary of the import of affixing their signature on the Agreement, and would not have voluntarily signed the subject Agreement if they did not intend to give full effect thereto. TEMPERATE DAMAGES. More importantly, there is no showing that such allegations were sufficiently substantiated by the respondent, rendering the deletion of the award warranted. 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. … to elect specific performance unless the damage remedy is likely not to provide adequate compensation. Amount predetermined as total compensation by the parties to an agreement which an injured party should get if other party breaches a part of the contract. A perusal of the case records shows that the petitioners failed in this regard. RCBC has a right over the insurance proceeds. Unsubstantiated testimony, offered as proof of verbal agreements which tend to vary the terms of the written agreement, is inadmissible under the rule.25. 156126 through a contract of lease8. 22 Id. Complaint for Specific Performance or Damages Based on a Contract to Convey Real Property. In a lawsuit requesting specific performance, a defendant can also raise certain defenses that they couldn’t raise if you were seeking money damages. A court will grant such relief only when monetary damages are inadequate to remedy the situation. When drafting a complaint, make sure that you adhere to the following: 1. They, nonetheless, opposed the respondents complaint on the ground that the amount of ₱1,200,000.00 which was supposed to be paid by the respondent upon the Agreements execution remained unpaid. The grieved party serves a complaint to the relevant authorities about a matter of concern. The petitioners are presumed under the law to have taken ordinary care of their concerns;26 thus, they would have exerted efforts to demand payment of the amount due them if in fact, no payment had been made. MANUEL BAZAN, PABLO BAZAN, JR. and ... Complaint for Damages Sample. 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. The latter remedy is specific performance. 2. 2. It was expressly stipulated in these mortgage, contracts that GOYU shall insure the mortgaged property with any of the insurance, companies acceptable to RCBC. 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. REPUBLIC OF THE PHILIPPINES. 2. 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. 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. 28 Buklod nang Magbubukid sa Lupaing Ramos, Inc. v. E.M. Ramos and Sons, Inc., G.R. Contrary to petitioners position that the RTC of Quezon City had no jurisdiction over the case, as the subject lots were located in Montalban, Rizal, the said RTC had jurisdiction over the original Complaint. X-----X COMPLAINT COMES NOW, the Plaintiff by the undersigned counsel unto the Honorable Court respectfully alleges; 1. It is to be noted that nine endorsement documents were prepared by Alchester in favor of, RCBC. It is an alternative when money damages, the usual legal remedy, is inadequate. 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. 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. Alchester would not have found out that the subject pieces of, property were mortgaged to RCBC had not such information been voluntarily disclosed, by GOYU itself. Complaint for RECONVEYANCE (1) - Free download as Word Doc (.doc), PDF File (.pdf), Text File (.txt) or read online for free. 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 attorneys fees; and, Dissatisfied, Fernando questioned the RTC Decision before the CA. 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. Special/Ordinary. 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. 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. 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. Discover SellMyForms to get this and thousands more professionally-looking templates for any occasion. I caused the preparation of the foregoing complaint; 3. For an order of specific performance and a judgment decreeing the conveyance of the Property to Plaintiff, in accordance with terms anti conditions of the Purchase Agreement as alleged in this Complaint and as awarded by the Court, including but not limited to consequential and incidental damages; . 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. 2196. A summon letter and a complaint letter serve different purposes. 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.
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