1. Hera Baretto filed a case against Zeus Cruz seeking the appointment of a receiver to manage and preserve a jointly owned property located in Davao City, Philippines pending litigation over ownership.
2. Baretto claims the property is worth 1 million pesos and Cruz is in actual possession but insolvent, putting the property's income and value at risk.
3. Baretto is willing to post a bond and seeks to have Cruz pay attorney's fees, litigation expenses, and other costs if appointed receiver without sufficient cause.
1. Hera Baretto filed a case against Zeus Cruz seeking the appointment of a receiver to manage and preserve a jointly owned property located in Davao City, Philippines pending litigation over ownership.
2. Baretto claims the property is worth 1 million pesos and Cruz is in actual possession but insolvent, putting the property's income and value at risk.
3. Baretto is willing to post a bond and seeks to have Cruz pay attorney's fees, litigation expenses, and other costs if appointed receiver without sufficient cause.
1. Hera Baretto filed a case against Zeus Cruz seeking the appointment of a receiver to manage and preserve a jointly owned property located in Davao City, Philippines pending litigation over ownership.
2. Baretto claims the property is worth 1 million pesos and Cruz is in actual possession but insolvent, putting the property's income and value at risk.
3. Baretto is willing to post a bond and seeks to have Cruz pay attorney's fees, litigation expenses, and other costs if appointed receiver without sufficient cause.
1. Hera Baretto filed a case against Zeus Cruz seeking the appointment of a receiver to manage and preserve a jointly owned property located in Davao City, Philippines pending litigation over ownership.
2. Baretto claims the property is worth 1 million pesos and Cruz is in actual possession but insolvent, putting the property's income and value at risk.
3. Baretto is willing to post a bond and seeks to have Cruz pay attorney's fees, litigation expenses, and other costs if appointed receiver without sufficient cause.
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Republic of the Philippines
REGIONAL TRIAL COURT
11th Judicial Region, Branch 52 Davao City
HERA BARETTO CIVIL CASE No. 13579
Plaintiff -versus- ZEUS CRUZ For: RECEIVERSHIP Defendant,
Plaintiff, by counsel and to this
Honorable Court, respectfully states that:
1. Plaintiff, HERA BARETTO, is of legal age, Filipino citizen, single, with
residence and postal address at 333 Brgy. Tigatto, Davao City;
2. Defendant, ZEUS CRUZ, is of legal age, Filipino citizen, single,
with residence and postal address at 232 Brgy. Buhangin, Kaimito, Davao City, where he may be served with summons and other court processes;
3.That plaintiff is the owner as the pro-indiviso owner with the
defendant a property in litigation located in Brgy. Lunas, Davao City, Philippines which has a fair market value of One Million Pesos (P1,000,000.00);
4. That the defendant is in actual possession of the property in litigation and
as such, he is in control of the produce of the property pending litigation;
5. That the produce and income from said property are in danger of being lost, removed or materially injured unless a receiver be appointed to guard and preserve the same;
6. That the defendant is hopelessly insolvent for he is heavily indebted to
various persons;
7. That petitioner is willing and ready to file a bond in the amount which this Honorable Court may fix in favor of the defendant against whom this receivership is presented to the effect that he, the plaintiff to the defendant all damages which he will sustain by reason of the appointment of the receiver in case the plaintiff shall have procured such appointment without sufficient cause, and such other bonds which this Honorable Court may require him to file hereafter, as security for such damage. PRAYER
WHEREFORE, plaintiff prays that:
1. An order be issued appointing a receiver;
2. After hearing, a judgment be rendered declaring that plaintiff
is entitled to the property and its proceeds, and sentencing the defendant to pay the amount of the income from the property he is entitled to receive plus liquidated damages, penalties, and interest until fully paid;
3. In either case, to order herein defendant to pay the plaintiff the
sum of One Hundred Thousand Pesos (P100,000.00) as Attorney’s Fees, and to reimburse the plaintiff the expenses for bond, litigation expenses as may be proved during the trial, and other expenses and cost suit;
Other reliefs just and equitable under the circumstances are likewise prayed for.
Respectfully submitted on _______________, Davao City.
ATTY. SHIRLEY KRIS M. ROMBLON
Counsel for Petitioner Roll of Attorneys No. 71295 PTR No. 1218540C,1/9/2019, Davao City IBP No. 101195, 1/4/2019, Davao City MCLE Compliance No. VII-010293; 4-15-19 Valid until April 14, 2022 San Pedro St., Davao City VERIFICATION AND CERTIFICATION OF NON FORUM SHOPPING
I, HERA BARETTO, of legal age, after having been duly
sworn in accordance with law, depose and state that:
1. I am a plaintiff in the above-stated case;
2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated
therein are true and correct of my personal knowledge and/or on the basis of copies of documents and records in my possession;
4. 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;
5. 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;
6. 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.
HERA BARETTO (Sgd)
Affiant
SUBSCRIBED AND SWORN to before me this day of ___________
at Davao City, Philippines affiant exhibiting to me his Community Tax Certificate No. 575757 issued on November 15 2018 at Davao City, Philippines.
Atty. Oscar L. Embido, Regional Director, National Bureau of Investigation, Western Visa Yas, Regional Office Nbi-Wevro), For San Pedro, Iloilo City, Complainant, Vs - Atty. Salvador N. Pe, JR.
Atty. Oscar L. Embido, Regional Director, National Bureau of Investigation, Western Visa Yas, Regional Office Nbi-Wevro), For San Pedro, Iloilo City, Complainant, Vs - Atty. Salvador N. Pe, JR.
