Purpose. GOYU indeed insured the mortgaged property with, MICO, an insurance company acceptable to RCBC. Download Form (docx, 42.67 KB) Download Form (pdf, 1.02 MB) Form Number: Pro Se 9. The grieved party serves a complaint to the relevant authorities about a matter of concern. 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. Real estate is considered to be unique. 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. 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. ™ Category: Civil Actions - Complaints - Settlement Agreements. 5. 2 Penned by Associate Justice Remedios A. Salazar-Fernando, with Associate Justices Celia C. Librea-Leagogo and Michael P. Elbinias, concurring; id. al., v Enriquez, 3 Phil 669).15 (Italics supplied). Legal Forms of Philippines 1. REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION MANILA CITY DODING DAGA, CIVIL CASE NO. 93961 are AFFIRMED with MODIFICATION in that the award of Pl00,000.00 as damages in favor of respondent William Francisco is deleted. Specific performance is referred to under the law as an “equitable” remedy. § 1332; Diversity of Citizenship) I.The Parties to This Complaint. Real estate is considered to be unique. Attach additional pages if needed. 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. REPUBLIC OF THE PHILIPPINES. The vendors sought discharge of the order for specific. Branch 5. Thus, expanding the availability of specific performance would not give promisees an incentive to exploit breaching promisors. No. Specific Performance as Remedy | Stimmel Law ... Introduction: This Court ruled that the venue had properly been laid in the RTC of Bacolod, even if the property was situated in Bago. The Supreme Court sustained the trial court’s order allowing an amendment of the original Complaint for specific performance with damages. Title XVIII. 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. 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. In the vast majority of civil suits, the plaintiff is seeking cash, known as monetary damages. The Forms Professionals Trust! State: Multi-State Control #: US-03187BG Instant Download $59.00. In a lawsuit requesting specific performance, a defendant can also raise certain defenses that they couldn’t raise if you were seeking money damages. at 23-42. 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. 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. The petitioners denied the request. On the issue of jurisdiction, the CA cited Fernando’s failure to seasonably file before the lower court a motion to dismiss stating that the action should have been filed in Makati City. An action for specific performance requests the court to order a party to comply with their contractual obligation. B. 2. 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, However, because the endorsements do not bear the signature of any officer of GOYU, the, trial court, as well as the Court of Appeals, concluded that the endorsements are defective. Uploaded by. SPECIFIC PERFORMANCE [The following article was excerpted from John T. Blanchard's law school textbook, California Remedies: Commentary, Materials and Problems (3d ed. GOYU filed a complaint for specific performance and damages. 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. _____03_____ Plaintiff, FOR: SPECIFIC PERFORMANCE-versusGal Axy, Defendant. consideration in order to better serve the interest of justice and equity. In the present case, although it appears, that GOYU obtained the subject insurance policies naming itself as the sole payee, the, intentions of the parties as shown by their contemporaneous acts, must be given due. In the said case, a complaint for specific performance that involved property situated in Parañaque City was instituted before the RTC of Pasig City. 164326, October 17, 2008, 569 SCRA 387, 395. That Plaintiff is of legal age, married, Filipino citizen and a resident of … 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. 2196. Based on the facts of your case, perform legal research to identify the claims that you can legitimately plead and damages you can seek. 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. at 70-75. Buy now. Had it not been for GOYU, Alchester would not have known of GOYU's. No. Art. ; Samaniego-Celada v. Abena, 579 Phil. 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 property’s transfer, correctly giving rise to a cause of action either for specific performance or for rescission, as in this case. The contract may relate to personal or real property. Special/Ordinary. asdas ... Republic of the Philippines REGIONAL TRIAL COURT Ninth Judicial Region Branch ____ Zamboanga City. Complaint Sample Republic of the Philippines. Thus, the venue for the action was the residence of the plaintiff or the defendant, at the plaintiff’s option.18. GOYU filed a complaint for specific performance and damages RCBC one of GOYUs. 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. That Plaintiff is of legal age, married, Filipino citizen and a resident of … 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. Example: Rina offers to buy Beth's house and Beth accepts, but later decides to keep the property. 29 Office of the President v. Cataquiz, G.R. 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." 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. Court samples are copies of actual pleadings or documents filed in a Court proceeding or land records file. On August 2, 1977, Filinvest Credit Corporation (hereinafter referred to as FILINVEST) filed a complaint in the lower court against defendants Rallye Motor Co., Inc. (hereinafter referred to as RALLYE) and Emesto Salazar for the collection of a sum of … A summon letter and a complaint letter serve different purposes. 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. NINTH JUDICIAL REGION REGIONAL TRIAL COURT ZAMBOANGA CITY Sam Sung,. Specific performance is only available where damages alone are not an adequate remedy and where the person with the benefit of the contract cannot carry out the work personally or engage a like-for-like replacement. Legal Definition list. Section 2, Rule 4 of the Rules of Court then governs the venue for the respondent’s action. A. The latter remedy is specific performance. 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. _____ Plaintiff, FOR: SPECIFIC PERFORMANCE-versus-ZILLA E. PAGULAYAN, Defendant. (Naval, et. SPECIFIC PERFORMANCE [The following article was excerpted from John T. Blanchard's law school textbook, California Remedies: Commentary, Materials and Problems (3d ed. 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. Course Hero is not sponsored or endorsed by any college or university. When drafting a complaint, make sure that you adhere to the following: 1. 2195. SPOUSES TEODORO and ROSARIO SARAZA and FERNANDO SARAZA, Petitioners, Check the federal, state, and local rules for specific requirements regarding the filing of a complaint. The provisions of this Title shall be respectively applicable to all obligations mentioned in Article 1157. REPUBLIC OF THE PHILIPPINES. 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. Defendants are indivduals residing in _____ County California. 198718               November 27, 2013. CIVIL CASE NO. 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. The respondent’s satisfaction of hisobligation under the Agreement. Discover SellMyForms to get this and thousands more professionally-looking templates for any occasion. 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. Effective on December 1, 2016. Plaintiff, _____ [name], is an individual and is now, and at all times mentioned in this complaint was, a resident of _____ County, California. 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. There is no claim that the cited language limitation equally applied to the respondent, the principal party in the Agreement. In addition to proving monetary damages inadequate, the most difficulty plaintiffs experience is showing the defendant has no affirmative defense. Legal Forms of Philippines 1. A Summons and Complaint letter is a solemn legal document which is given the utmost attention. 40376 (later covered by TCT No. When the case’s 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. No. 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. Description - Hawaii Complaint for Specific Performance and / or Damages. Specific Performance v Liquidated Damages (See Here) Specific Performance: Liquidated Damages: Legal action brought into a court compelling a party to carry out the terms of a contract. WILLIAM FRANCISCO, Respondent. Section 1 of Rule 45 provides that the petition shall raise only questions of law, which must be distinctly set forth. Appeals, concluded that the endorsements are defective. In a lawsuit requesting specific performance, a defendant can also raise certain defenses that they couldn’t raise if you were seeking money damages. 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. 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. 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. The Court is in a quandary how Alchester could arrive at the idea of endorsing any, specific insurance policy in favor of any particular beneficiary or payee other than the, insured had not such named payee or beneficiary been specifically disclosed by the, insured itself. 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. Discover SellMyForms to get this and thousands more professionally-looking templates for any occasion. No. They also could argue that the court would have trouble supervising the specific performance. The respondent was also allowed to take immediate possession of the property covered by TCT No. 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. Upon review, the Court finds no reason to deviate from this finding of the courts, especially as it is supported by substantial evidence. 220530), for a total consideration of ₱3,200,000.00. 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. On August 2, 1977, Filinvest Credit Corporation (hereinafter referred to as FILINVEST) filed a complaint in the lower court against defendants Rallye Motor Co., Inc. (hereinafter referred to as RALLYE) and Emesto Salazar for the collection of a sum of money with … 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. 4 Issued by Presiding Judge Fernando Felicen; id. Art. The Supreme Court sustained the trial court’s order allowing an amendment of the original Complaint for specific performance with damages. performance and to recover damages in its place. For one, the issue of whether or not the respondent’s obligation to pay has already been satisfied is a factual question. It encompasses the idea that all parties to a contract are bound by the exact terms stated in that contract and that there are remedies that a wronged party can pursue when someone is in breach of those terms. Special. 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. … 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. When legal damages are insufficient to genuinely remedy the injury caused by the breach, specific performance is a possible, but extremely rare, remedy. When drafting a complaint, make sure that you adhere to the following: 1. Art. 156126 through a contract of lease8. Complaint for Specific Performance [in the sale and purchase of real estate] Plaintiffs allege: 1. - 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. It alleged that Agilent breached the parties’ oral agreement to extend the VAASA. A complaint is any formal legal document that sets out the facts and legal reasons that can be used as a basis to which a person maybe charged with an offense. 28 Buklod nang Magbubukid sa Lupaing Ramos, Inc. v. E.M. Ramos and Sons, Inc., G.R. A court will grant such relief only when monetary damages are inadequate to remedy the situation. The bare allegations of the petitioners fail to suffice. The RTC considered the contents of the Agreement executed by the parties, taking into account that it was a notarized document. NINTH JUDICIAL REGION REGIONAL TRIAL COURT ZAMBOANGA CITY Sam Sung,. 25 Seaoil Petroleum Corporation v. Autocorp Group, G.R. Specific performance relates to a contract which is claimed to have been breached. 156126 upon full payment of the loan. More importantly, there is no showing that such allegations were sufficiently substantiated by the respondent, rendering the deletion of the award warranted. The court may award damages for: loss of expectation; loss of chance or opportunity; or; wasted opportunity. 24 RULES OF COURT, Rule 131, Section 3(m). Research complaints at our website. 2195. Effective on December 1, 2016. CV No. Upon review, the Court finds no justification for the order to pay damages in the amount Pl00,000.00. 237, 245-246 (2006). The complaint also serves as notice to the defendant that legal action is underway. The court may award damages for: loss of expectation; loss of chance or opportunity; or; wasted opportunity. Thus, expanding the availability of specific performance would not give promisees an incentive to exploit breaching promisors. CV No. Navigate to the catalog to get started. Damages arising out of natural and probable consequences of breach of contract are also considered an ordinary damage. Considering that petitioner was already in delay and in breach of contract, it is liable for damages that are the natural and probable consequences of its breach of obligation. Complaint for Specific Performance to Enforce Settlement and for Punitive Damages. – DAMAGES CHAPTER 1 > GENERAL PROVISIONS. 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). These remedies include filing a lawsuit to collect damages or seeking a court order requiring the infringing party to live up to their obligations. Based on available evidence, it is then clear that the respondent had fully satisfied his obligation under the subject Agreement given the stipulation in the document on his initial payment of ₱1,200,000.00, and considering PNB’s Certification30 that the ₱2,000,000.00 loan of Spouses Saraza with the bank had been fully settled on April 22, 2005. MANUEL BAZAN, PABLO BAZAN, JR. and ... Complaint for Damages Sample. Pursuant to Section 13, Article VIII of the Constitution, I certify that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court’s Division. Understanding Specific Performance. Based on the facts of your case, perform legal research to identify the claims that you can legitimately plead and damages you can seek. Whether or not RCBC has a right over the insurance proceeds. 40376. 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 owner’s duplicate copy of TCT No. The RTC, however, declared that only Fernando should be held liable for the respondent’s claims, since the main action was for specific performance, specifically to compel him to execute a Deed of Absolute Sale over the subject property already covered by TCT No. Bases on their stipulations in the. It alleged that after it accepted the offer of petitioners, they sold to a third person several parcels of land located in Montalban, Rizal. 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) 2. I caused the preparation of the foregoing complaint; 3. As both the RTC and CA correctly held, such Agreement sufficiently proves the fact of the respondent’s payment to the petitioners of the agreed initial payment of ₱1,200,000.00, as it states: That, for and in consideration of the agreed purchase price of THREE MILLION TWO HUNDRED THOUSAND PESOS ([P]3,200,000.00), Philippine currency, of which the sum of ONE MILLION TWO HUNDRED THOUSAND PESOS ([P]1,200,000.00), has been paid by the buyer upon execution of this instrument x x x.23 (Emphasis ours), Given this categorical statement, the petitioners’ denial that they have received the amount necessitated concrete and substantial proof. 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. to elect specific performance unless the damage remedy is likely not to provide adequate compensation. OF A CONTRACT TO CONVEY REAL PROPERTY (28 U.S.C. 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. Basic is the rule, however, that no issue may be raised on appeal unless it has been brought before the lower tribunals for consideration.28 To consider such issues and arguments that are belatedly raised by a party would be tantamount to a blatant disregard of the basic principles of fair play, justice and due process.29 In any case, the new defenses that are raised by the petitioners deserve scant consideration. Specific per… TEMPERATE DAMAGES. 0319-04, an action for specific performance/sum of money and damages. They are presented for illustration purposes only. Complaint for Specific Performance or Damages Based on a Contract to Convey Real Property. It is to be noted that nine endorsement documents were prepared by Alchester in favor of, RCBC. Complaint for Specific Performance [in the sale and purchase of real estate] Plaintiffs allege: 1. 21 Medina v. Court of Appeals, G.R. X-----X COMPLAINT COMES NOW, the Plaintiff by the undersigned counsel unto the Honorable Court respectfully alleges; 1. REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION MANILA CITY DODING DAGA, CIVIL CASE NO. 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. 2. At the outset, the Court underscores the limited scope of a petition for review on certiorari under Rule 45 of the Rules of Court. 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. Specific performance is referred to under the law as an “equitable” remedy. 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. Specific performance relates to a contract which is claimed to have been breached. This is a Court Sample and NOT a blank form. 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. RCBC has a right over the insurance proceeds. 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; . The CA affirmed the RTC rulings via the Decision dated June 28, 2011. The provisions of this Title shall be respectively applicable to all obligations mentioned in Article 1157. Upon inquiry from PNB, the respondent found out that the petitioners had instead executed an Amended Authority, which provided that the owner’s copy of TCT No. Defendants are indivduals residing in _____ County California. Considering the respondent’s statement in his complaint that he resides in Imus, Cavite,36 the filing of his case with the RTC of Imus was proper. MARIA LOURDES P. A. SERENOChief JusticeChairperson, MARTIN S. VILLARAMA, JR.Associate Justice. Plaintiff__ will amend this complaint to allege their true names and capacities when ascertained. The petitioners also raise in their Supplemental Petition27 some defenses which were not introduced during the proceedings before the lower courts. Louie Boy Mabalot. All you want to know about Sample Complaint For Specific Performance Philippines. 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. 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. Specific Performance as Remedy | Stimmel Law ... 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