Specific Performance Complaint

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH 25, QUEZON CITY
JUAN C. DELA CRUZ,

Plaintiff,
- versus - Civil Case No. 111
LUZVIMINDA REAL ESTATE CORP.,

Defendant.
x - - - - - - - - - - - - - - - - - - - - -x
C O M P LA I N T
PLAINTIFF, by counsel, unto this Honorable Court, respectfully avers that:
1. Plaintiff JUAN C. DELA CRUZ is of legal age, Filipino citizen, single, and
presently residing atNo. 14, Dick Israel St., Brgy. Burgos, Quezon City, where he may be
served with summons and judicial processes of this Honorable Court.
2. Defendant LUZ VIMINDA REAL ESTATE CORP., is a corporation existing

under and by virtue of the laws of the Republic of the Philippines, represented by its
President, Mr. Jack Long Lee, with principal office No. 10 E. Rodriguez St., Quezon
City, where it may be served with summons and judicial processes of this Honorable
Court;
3. At all times material to this complaint Defendant is engage in the real estate
business;
4. That on July 20, 2016, plaintiff and defendant executed a contract to sell over
the real property of the defendant located at o. 33 Barangay Wagwagan, Quezon City,
with an area of FIVE HUNDRED SQUARE METERS (500 sqm2)
covered by Transfer Certificate of Title No. 155 issued by the Registry of Deeds for the
City of Mandaluyong with a consideration of TWO FIVE HUNDRED MILLION PESOS
(P2,500,000.00), copies of contract to sell and title are hereto attached as Annexes A
and B;
1
5. Under the Contract to Sell, plaintiff will of EVEN HUNDRED
THOUSAND (Php: 700,000.00) PESOS representing earnest money and the defendant
will execute a Deed of Absolute Sale over the said real property;
6. On July 30, 2014, plaintiff settled and paid its balance in the amount of ONE
MILLION AND EIGHT HUNDRED THOUSAND (Php: 1,800,000.00) PESOS to the
defendant over the said real property in accordance with the contract to sell, copy of the
receipt showing its full payment is hereto attached and marked as Annex C;
7. Defendant despite the full payment made by the plaintiff refused to execute a
Deed of Absolute Sale over the real property covered by the Contract to Sell to the
plaintiffs damage and prejudice;
8. Demands was made upon the defendant to faithfully comply with the terms
and conditions of the Contract To Sell by executing a Deed of Absolute Sale over the real
property covered by TCT No. 155 however, the defendant failed and refused and continue
to fail and refuse to comply the same, the latest of the demand letter dated January 26,
2017 sent by plaintiffs counsel to the defendant is hereto attached as Annex D.
RELIEF
WHEREFORE, premises considered, it is respectfully prayed that, after trial,
judgment be rendered against defendant ordering the latter to strictly adhere to and
comply with the contract to sell entered and executed between the plaintiff and defendant
on July 20, 2016 by executing the Deed of Absolute Sale in favor of the plaintiff over the
real property covered by TCT No. 155.
Plaintiff prays for other just and equitable relief in the premises.
June 14, 2017, Quezon City, Metro Manila.
Atty. Kim Domingo

PTR No. 2234360, 01/05/17,
Quezon City
IBP Life Member Roll No. 06969,
Quezon City
Roll of Attorneys No. 58869
2
MCLE Compliance No. II 555834; 03/15/2016
Atty. Sam Pinto

PTR No. 906565, 05/05/17,
Quezon City
IBP Life Member Roll No. 07875,
Quezon City
Roll of Attorneys No. 686767
MCLE Compliance No. II 917834; 01/30/2016
VERIFICATION WITH CERTIFICATION
I, JUAN C. DELA CRUZ, of legal age, Filipino citizen, single, and residing at
No. 14, Dick Israel St., Brgy. Burgos, Quezon City, after being duly sworn to, hereby
depose and say:
That I am the plaintiff in the above-entitled Complaint;
That I have caused the preparation and filing of the foregoing Complaint against
the defendants;
That I have read the foregoing Complaint and the allegations contained therein are
true and correct of my personal knowledge and belief;
That I have not commenced any other action or proceeding involving the same
issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency;
That to the best of my knowledge and belief, no such action or proceeding is

pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency;
That if I should thereafter learn that a similar action or proceeding has been filed
or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or
agency, I undertake to report that fact within five (5) days therefrom to this Honorable
Court.
3
JUAN DELA CRUZ
Affiant
Republic of the Philippines)

City of Mandaluyong ) S.S.
SUBSCRIBED AND SWORN to before me on this 20 st day of June, 2015 at

Quezon City, affiant exhibiting to me his Passport No. EB2503221, issued on May 20,
2013 and valid until May 19, 2018.
Atty. Rick Asero XV
Notary Public
PTR No. 834360789 01/05/16, Quezon
Doc. No. 85; City
Page No. 40; IBP Life Member Roll No. 06267, Quezon
Book No. 20; City
Series of 2015. Roll of Attorneys No. 58366
MCLE Compliance No. II 917834;
03/15/2014

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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

JUAN C. DELA CRUZ,

- versus - Civil Case No. 111

LUZVIMINDA REAL ESTATE CORP.,

PLAINTIFF, by counsel, unto this Honorable Court, respectfully avers that:

2. Defendant LUZ VIMINDA REAL ESTATE CORP., is a corporation existing

City of Mandaluyong with a consideration of TWO FIVE HUNDRED MILLION PESOS

plaintiffs damage and prejudice;

2017 sent by plaintiffs counsel to the defendant is hereto attached as Annex D.

WHEREFORE, premises considered, it is respectfully prayed that, after trial,

real property covered by TCT No. 155.

June 14, 2017, Quezon City, Metro Manila.

Atty. Kim Domingo

Atty. Sam Pinto

VERIFICATION WITH CERTIFICATION

That I am the plaintiff in the above-entitled Complaint;

That to the best of my knowledge and belief, no such action or proceeding is

Republic of the Philippines)

SUBSCRIBED AND SWORN to before me on this 20 st day of June, 2015 at

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