Sample Form Interpleader

REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
Manila, Branch 23
Amaranth Lynxx, Inc.

Plaintiff,
- versus - Civil Case No. ____________________

For Interpleader
Lloyd L. Lim and Lindsey L. Lee
Defendants.
x---------------------------x
COMPLAINT
PLAINTIFF, by counsel and to this Honorable Court, respectfully alleges:
1) Amaranth Lynxx, Inc. is a corporation duly organized and existing under the laws of the
Philippines, with principal office at Suite 501 and 502, Metropolitan Tower, 1746 Mabini Street,
Malate, Manila; it is represented herein by its president, Benjamin M. Go. Defendants Lloyd L.
Lim and Lindsey L. Lee are both of legal age and with residences at Forbes Park, Makati City,
Metro Manila, Philippines and Unit 1, The Fort Residences, Bonifacio Global City, Metro
Manila, Philippines, respectively, where they may be served with summons and other legal
processes.
2) On 25 August 2017, Lloyd Lim subscribed to 5,000 shares of stock of plaintiff, with par value
of Php1,000.00 per share, and accordingly, he was issued a certificate of stock No. 199, which,
upon his request, was in blank, he explaining that a blank certificate would be easy to negotiate
and transfer.
3) On or about 3 September 2017, a certain Lindsey Lee called on plaintiff’s corporate secretary,
presenting and leaving to the corporate secretary Stock Certificate No. 199 in which her name
was already written therein and which she claimed was endorsed to him by Lloyd Lim, and
asking that said certificate of stock be cancelled and a new certificate issued to her. But before
the corporate secretary could effect the transfer, Lloyd Lim submitted an affidavit claiming that
his Stock Certificate No. 199 was lost and asking that the same be cancelled and a new
replacement be issued to him.
4) Plaintiff, who claims no interest whatsoever in the subject matter of this action, cannot
determine the veracity of the conflicting claims of the defendants;
5) Confronted with the conflicting claims of ownership of said shares of stock, plaintiff held in
abeyance action of their respective claims and demanded of defendants Lloyd L. Lim and
Lindsey L. Lee to interplead and litigate their respective claims, but they refused and continue to
so refuse.
6) Plaintiff was thus constrained to file the instant complaint in interpleader and to incur
expenses of litigation, including attorney’s fees, in the amount of Php600,000, which should be
assessed equally between the defendants.
PRAYER
WHEREFORE, it is respectfully prayed for of this Honorable Court:
a) To issue an order summoning the defendants to interplead with one another in order to
determine their respective rights and claims; and
b) To allow plaintiff to recover his expenses of litigation and attorney’s fees in the amount
of P600,000, plus costs and other fees, to be assessed against them equally, to be charged
as first lien upon the subject matter of this action.
Other reliefs just and equitable are likewise prayed for.
Quezon City, September 6, 2017
Atty. Mikkel C. Pascual

89 P. Florentino St.,
Sta. Mesa Heights, Quezon City
Roll of Attorney 46614
IBP 43869; 1-05-09; QC
PTR 66465; 1-05-09; QC
MCLE Compliance
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
REPUBLIC OF THE PHILIPPINES )

CITY OF MANILA ) S.S.
I, Benjamin M. Go, of legal age, Filipino and holding office at Suite 501 and 502,
Metropolitan Tower, 1746 Mabini Street, Malate, Manila, declares under oath that:
1. I am corporate president of plaintiff in the above entitled case; I caused the preparation of
the foregoing petition;
2. The facts stated in the above complaint are true and correct to the best of my knowledge
and authentic records;
3. I have not commenced any action or filed any claim involving the same issues in any
court, tribunal or quasi-judicial agency and, to the best of my knowledge, no such other
action or claim is pending in them; and
4. 4. If I should learn that the same or similar action or claim has been filed or is pending
after its filing, I shall report that fact within five (5) days from notice to the court or
where the complaint or initiatory pleading has been filed.
Quezon City, September 6, 2017
(Sgd.) Benjamin M. Go
SUBSCRIBED and sworn to before me, this 6th day of September 2017, in the
City of Manila by Benjamin M. Go, with Passport No. LOVEKO1234, issued on April
19, 2014 at Pasay City.
Atty. Din N. Abella

NOTARY PUBLIC
Doc. No. _______; Commission Serial No. 234
Page No. _______; Until December 31, 2017
Book No. _______; Roll of Attorney 51423
Series of _______. IBP No. 43872; 1-05-10; Manila
PTR No. 66475; 1-05-10; Manila

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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

Amaranth Lynxx, Inc.

- versus - Civil Case No. ____________________

Lloyd L. Lim and Lindsey L. Lee

PLAINTIFF, by counsel and to this Honorable Court, respectfully alleges:

WHEREFORE, it is respectfully prayed for of this Honorable Court:

Other reliefs just and equitable are likewise prayed for.

Quezon City, September 6, 2017

Atty. Mikkel C. Pascual

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES )

Quezon City, September 6, 2017

Atty. Din N. Abella

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