Republic of the Philippines

REGIONAL TRIAL COURT OF CEBU

7th Judicial Region
Branch __
Lapu-Lapu City

JUAN DELA CRUZ,

Plaintiff,

Civil Case no. ______

-versus-

For: Replevin

SUPT.JUAN FERNANDEZ, PNP,

PO2 JOSE REYES, and
PO3 PEDRO RODRIGUEZ,
Defendants
COMPLAINT
PLAINTIFF, through counsel,
Court respectfully states that:

unto

this

Honorable

1.Plaintiff is of legal age, single, Filipino and a

resident of Basak,Lapu-Lapu City;
2.Defendants are all of legal age, Filipinos and
PNP members presently assigned at the Lapu-Lapu
Police Station;
3.Plaintiff is a businessman, who among others, is
also engaged in video gaming machine business;
4.Plaintiffs video gaming machines could be
identified through its marked stickers placed
therein the PINE TREE LOGO and his last name
DELA CRUZ;

5.On January 28, 2015 between six to seven oclock

in the morning, defendant-Police Officers, raided
the house of plaintiff and confiscated the video
machines inside the house;
6.The defendants, without the benefit of any search
warrant from the competent authority, broke the
main door of the house, entered into, seized and
confiscated ten (10) video gaming machines owned
by the plaintiff;
(state occurrence of demand, how made)
7.Despite repeated demands, defendants refused to
return to the plaintiff those confiscated video
gaming machines;
8.The estimated current market value of the
aforementioned video gaming machines is ONE
HUNDRED
THOUSAND
(P100,000.00),
PHILIPPINE
CURRENCY,
taken
into
consideration
the
depreciation cost;
9.For the immediate protection of the plaintiffs
rights and interest the aforementioned video
gaming machines, plaintiff is ready and willing
to put up a bond in the amount double the
aforestated value of the 10 units, and for the
immediate issuance of the Writ of Replevin and in
support of the application, attached herewith the
Affidavit of Merit executed by the plaintiff as
Annex A.
PRAYER
WHEREFORE, it is most respectfully prayed of the
Honorable Court, the following:
1.

The immediate issuance of Writ of Replevin

forthwith ordering the sheriff or any officer
to take immediate possession and custody of the
subject properties;

2.
3.

4.

After hearing on the merits, adjudging unto the

plaintiff the lawful ownership and possession
of the subject properties;
In
the
event
however,
that
the
subject
properties would not be recovered or rendered
worthless;
ordering
defendants
in
the
alternative, to pay plaintiffs the sum of ONE
HUNDRED
THOUSAND
(P100,000.00),
PHILIPPINE
CURRENCY, representing the market value of the
10 subject units jointly and severally;
Cost of the suit;

Plaintiff further prays of such other reliefs and

remedies under the premises.
Lapu-Lapu City,Philippines, February 5, 2015.

Atty. Bernadette M. Basig

Counsel for the Plaintiff