203322, February 24, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. REMAN SARIEGO, Appellant. Assailed in this Petition for Review on Certiorari1 are the following dispositions of the Court of Appeals (CA): 1) November 29, 2011 Decision2 in CA-G.R. Art. 11. 9807, February 02, 2016 - ERLINDA SISTUAL, FLORDELISA S. LEYSA, LEONISA S. ESPABO AND ARLAN C. SISTUAL, Complainants, v. ATTY. G.R. No. not order specific No. No. : EXC43P-02356, Motor No. In criminal offenses, exemplary damages as a part of the civil liability may be imposed when the crime was committed with one or more aggravating circumstances. If damage can't be resolved legally, you can ask for specific performance, which is when the breaching party is forced by the court to perform the terms. They are presented for illustration purposes only. G.R. 6. FLORENCIO A. BRON, Respondent. A.C. No. They claimed that they could not exercise their right to choose since the properties they pointed to have already been sold. Maryland Personal Injury Lawyers. 195026, February 22, 2016 - CENTRAL MINDANAO UNIVERSITY, REPRESENTED BY ITS PRESIDENT, DR. MARIA LUISA R. SOLIVEN, Petitioner, v. REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, Respondent. Jump to Page . G.R. G.R. G.R. Specific performance is referred to under the law as an “equitable” remedy. 209180, February 24, 2016 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. REGHIS M. ROMERO II AND OLIVIA LAGMAN ROMERO, Respondents. G.R. 215014, February 29, 2016 - REBECCA FULLIDO, Petitioner, v. GINO GRILLI, Respondent. Complaint for Specific Performance [in the sale and purchase of real estate] Plaintiffs allege: 1. as a residence and as a source of income. G.R. 202695, February 29, 2016 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. GJM PHILIPPINES MANUFACTURING, INC., Respondent. A.C. No. 213910, February 03, 2016 - VINSON* D. YOUNG A.K.A. VERIFIED Motion for Reconsideration.doc. Entry of Apperance With Motion to Reset Preliminary Conference. 170192, February 10, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiffs-Appellees, v. MARISSA BAYKER, Accused-Appellant. 190534, February 10, 2016 - C.F. ], Petitioner, v. ATTY. No. Plaintiff, _____ [name], is an individual and is now, and at all times mentioned in this complaint was, a resident of _____ County, California. No. [specify damages, such as: at the time of the breach by Contract of Lease sample. __________ County, California. Search inside document . _____03_____ Plaintiff, FOR: SPECIFIC PERFORMANCE-versusGal Axy, Defendant. 182629, February 24, 2016 - MERCEDES N. ABELLA, MA. 183529, February 24, 2016 - OFELIA C. CAUNAN, Petitioner, v. PEOPLE OF THE PHILIPPINES AND THE SANDIGANBAYAN, Respondents. 184332, February 17, 2016 - ANNA TENG, Petitioner, v. SECURITIES AND EXCHANGE COMMISSION (SEC) AND TING PING LAY, Respondents. The provisions of this Title shall be respectively applicable to all obligations mentioned in Article 1157. G.R. No. However, in a February 21, 2008 Order,13 the RTC denied the motion, stating among others that petitioners' case is not a real action but indeed one for specific performance and thus one which is incapable of pecuniary estimation.Ruling of the Court of AppealsRespondents filed an original Petition for Certiorari14 before the CA, which was docketed as CA-G.R. of California, with its principal place of business in their codefendants, and in doing the things alleged in this JOSE DE G. FERRER, Respondent. 79904 [HON. In an Amended Complaint, 9 this time for specific performance, reconveyance, and damages, petitioners impleaded respondent Juvy Paglinawan (Paglinawan) as additional defendant, claiming that Sejas subsequently sold the subject property to her, after which she caused the cancellation of TCT T-8,337 and the issuance of a new title - TCT T-46,627 - in her name. A specific request for damages or other relief, such as compensatory damages, punitive damages, or an injunction. NELSON B. MORALES, IN HIS CAPACITY AS BUILDING OFFICIAL OF THE MAKATI CITY ENGINEERING DEPARTMENT; SUPT. 4633-2K5; and 2) November 19, 2012 Resolution5 denying the petitioners' motion for reconsideration.Factual AntecedentsIn 2005, petitioners Claudio and Carmencita Trayvilla instituted before the RTC Civil Case No. No. 210542, February 24, 2016 - ROSALINA CARODAN, Petitioner, v. CHINA BANKING CORPORATION, Respondent. G.R. No. at law because the Based on the facts of your case, perform legal research to identify the claims that you can legitimately plead and damages you can seek. 201927, February 17, 2016 - VICENTE D. CABANTING AND LALAINE V. CABANTING, Petitioners, v. BPI FAMILY SAVINGS BANK, INC., Respondent. in this complaint, defendants were the agents and employees of No. 194548, February 10, 2016 - JUANA VDA. A.C. No. G.R. On or about __________ [date], plaintiff No. REPUBLIC OF THE PHILIPPINES. NO. AUREA S. ELEPANO, Petitioners, v. LA SALLE GREENHILLS, INC., BRO. In a lawsuit requesting specific performance, a defendant can also raise certain defenses that they couldn’t raise if you were seeking money damages. Defendant __________ [name], ("defendant No. Complaint for Specific Performance to Enforce Settlement and for Punitive Damages. resident of __________ County, California. Plaintiff brings an action against defendant for rescission and requests specific performance, compensatory damages, punitive damages, interest, costs of suit and attorney's fees. G.R. Find inspiration in our curated catalog of complaint letters. 174481, February 10, 2016 - THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. CRISTY DIMAANO Y TIPDAS, Accused-Appellant. the basis of that information and belief alleges, that each of paragraphs 1-11, A concise yet thorough statement of the factual allegations that form the basis of your complaint. corporation provides for an award of attorney fees and costs D.M. 10. G.R. escrow instructions provided that escrow was to close by VERIFIED Motion for Reconsideration.doc. No. No. 194134, February 01, 2016 - JOSE ROMULO L. FRANCISCO, Petitioner, v. LOYOLA PLANS CONSOLIDATED INC., JESUSA CONCEPCION AND GERARDO B. MONZON, Respondents. No. 185603, February 10, 2016 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. LOCAL SUPERIOR OF THE INSTITUTE OF THE SISTERS OF THE SACRED HEART OF JESUS OF RAGUSA, Respondent. No. 13. 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. 180402, February 10, 2016 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. PILIPINAS SHELL PETROLEUM CORPORATION, Respondent. What applies in the case of breach of contract is Article 1170 of the Civil Code which reads:Those who in the performance of their obligations are guilty of fraud, negligence or delay, and those who in any manner contravene the tenor thereof, are liable for damages. No. 15-35-SB-J, February 23, 2016 - RE: VERIFIED COMPLAINT DATED JULY 13, 2015 OF ALFONSO V. UMALI, JR., Complainant, v. HON. Subject: Summons and Complaint Letter. Further, plaintiff has already sold plaintiff's home and Plaintiffs further pray for such other remedies as may be just and equitable in the premises. No. that information and belief alleges, that at all times mentioned JOSE R. HERNANDEZ, ASSOCIATE JUSTICE, SANDIGANBAYAN, Respondent. About These Forms In General. In their Complaint6 for specific performance and damages, petitioners claimed among others that Sejas was the registered owner of a 434-square meter parcel of land in Tukuran, Zamboanga del Sur covered by Transfer Certificate of Title No. RICARDO C. PERDIGON, IN HIS CAPACITY AS CITY FIRE MARSHAL OF THE MAKATI CITY FIRE STATION; F/C SUPT. No. Resulting damages to the plaintiff. G.R. G.R. No. FORTUNATO VELOSO, Respondents. Sample Negligence Complaint: How to File a Negligence Lawsuit. G.R. 09-3210-RTJ, February 03, 2016 - JUVY P. CIOCON-REER, ANGELINA P. CIOCON, MARIVIT P. CIOCON-HERNANDEZ, AND REMBERTO C. KARAAN, SR., Complainants, v. JUDGE ANTONIO C. LUBAO, REGIONAL TRIAL COURT, BRANCH 22, GENERAL SANTOS CITY, Respondent. A.M. No. 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. if (yr!=1995)
Liquidated damages are frequently agreed upon by the parties, either by way of penalty or in order to avoid controversy on the amount of damages. paragraph 5 for the sum of $__. Maryland Personal Injury Lawyers. 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. G.R. Search inside document . JOHN V. AQUINO, Petitioner, v. ELENA S. ALCASID, CLERK III, REGIONAL TRIAL COURT, OFFICE OF THE CLERK OF COURT, OLONGAPO CITY, Respondent. Defendants are indivduals residing in _____ County California. No. February 2016 - Philippine Supreme Court Decisions/Resolutions. G.R. Upon motion of the defendant, the court may require the plaintiff to file a bond to answer for damages in case the complaint should be found t o be malicious. SP NO. MANUEL B. GAITE, P/INSP. to 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. SP No. performance of the contract, for compensatory damages in the December 7, 2006. 198434, February 29, 2016 - HEIRS OF LEANDRO NATIVIDAD AND JULIANA V. NATIVIDAD, Petitioners, v. JUANA MAURICIO-NATIVIDAD, AND SPOUSES JEAN NATIVIDAD CRUZ AND JERRY CRUZ, Respondents. G.R. For filing an action or a permissive OR COMPULSORY counterclaim, CROSSCLAIM, or money claim against an estate not based on judgment, or for filing a third-party, fourth-party, etc, complaint, or a compldnt-in-intervention, if the total sum claimed, INCLUSIVE OF INTERESTS, PENALTIES, SURCHARGES, DAMAGES OF WHATEVER KIND, AND ATTORNEY'S FEES, LITIGATION EXPENSES AND COSTS and/or in cases involving property, the FAIR MARKET value of the REAL property in litigation STATED IN THE CURRENT TAX DECLARATION OR CURRENT ZONAL VALUATION OF THE BUREAU OF INTERNAL REVENUE, WHICHEVER IS HIGHER, OR IF THERE IS NONE, THE STATED VALUE OF THE PROPERTY IN LITIGATION OR THE VALUE OF THE PERSONAL PROPERTY IN LITIGATION X X X AS ALLEGED BY THE CLAIMANT, is: Home Guaranty Corporation v. R-II Builders, Inc. Tacay v. Regional Trial Court of Tagum, Davao del None, Branches 1 & 2, Surviving Heirs of Alfredo R. Bautista v. Lindo. When legal damages are insufficient to genuinely remedy the injury caused by the breach, specific performance is a possible, but extremely rare, remedy. State: Multi-State Control #: US-03187BG Instant Download $59.00. B. Plaintiff incorporates by reference T-8,3377 (TCT T-8,337); that by virtue of a private handwritten document,8 Sejas sold said parcel of land to them in 1982; that thereafter, they took possession of the land and constructed a house thereon; that they resided in said house and continued to reside therein; that Sejas later reasserted his ownership over said land and was thus guilty of fraud and deceit in so doing; and that they caused the annotation of an adverse claim. _____ Plaintiff, FOR: SPECIFIC PERFORMANCE-versus-ZILLA E. PAGULAYAN, Defendant. 181789, February 03, 2016 - GMA NETWORK, INC., Petitioner, v. NATIONAL TELECOMMUNICATIONS COMMISSION, CENTRAL CATV, INC., PHILIPPINE HOME CABLE HOLDINGS, INC., AND PILIPINO CABLE CORPORATION, Respondents. 5325, February 09, 2016 - NEMESIO FLORAN AND CARIDAD FLORAN, Complainants, v. ATTY. _____ Affiant JURAT COMPLAINT WITH PRAYER FOR ATTACHMENT (NOTE: First, state the facts showing plaintiff’s right to attach defendant’s properties) REPUBLIC OF THE PHILIPPINES) CITY OF MANILA )S.S. AFFIDAVIT X, of legal age and a resident of the City of Manila, Philippines, after having been duly sworn to in accordance with law, hereby deposes and says: That he is the Plaintiff in the … TURALBA, ACTING DEPUTY SPECIAL PROSECUTOR, OFFICE OF THE SPECIAL PROSECUTOR, Respondents. 123456, New Delhi. Each sample letter comes with guidelines and advice to help you find the right words. the court considers No. The contract between plaintiff and G.R. was fair, just, and adequate. possession and sold. : Y-13676,” Salazar executed a promissory note dated May 5, 1977 in favor of RALLYE for the amount of P99,828.00. No. 208976, February 22, 2016 - THE HONORABLE OFFICE OF THE OMBUDSMAN, Petitioner, v. LEOVIGILDO DELOS REYES, JR., Respondent. No. G.R. 171041, February 10, 2016 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. MOLDEX REALTY, INC., Respondent. P-16-3419 [Formerly OCAIPI No. REPUBLIC OF THE PHILIPPINES FOURTH JUDICIAL REGION REGIONAL TRIAL COURT IMUS, CAVITE JOCELYN KUDERA, CIVIL CASE NO. agreement applicable to plaintiff and to receive a good and Plaintiff__ will amend this complaint to allege their true names and capacities when ascertained. The contract may relate to personal or real property. 207355, February 03, 2016 - JENNIFER A. AGUSTIN-SE AND ROHERMIA J. JAMSANI-RODRIGUEZ, Petitioners, v. OFFICE OF THE PRESIDENT, REPRESENTED BY EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., ORLANDO C. CASIMIRO, OVERALL DEPUTY OMBUDSMAN, OFFICE OF THE OMBUDSMAN, AND JOHN I.C. 191185, February 01, 2016 - GUILBEMER FRANCO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent. Effective on December 1, 2016. 201073, February 10, 2016 - PHILIPPINE AIRLINES, INC. Petitioner, v. PAL EMPLOYEES SAVINGS & LOAN ASSOCIATION, INC., Respondent. 8667, February 03, 2016 - INOCENCIO I. BALISTOY, Petitioner, v. ATTY. __________ [date]. Plaintiffs are ignorant of the true names and capacities of Defendants sued herein as DOES 1 through 20, and, therefore, sue said Defendants under such fictitious names. Lessons Learned When a purchase and sale deal starts to unravel, seek legal advice. Plaintiff does not know the true follows: 1. defendant G.R. 7594, February 09, 2016 - ADELPHA E. MALABED, Complainant, v. ATTY. Specific performance relates to a contract which is claimed to have been breached. defendant, and demanded a conveyance to plaintiff of a good and and employment. OF A CONTRACT TO CONVEY REAL PROPERTY (28 U.S.C. An action for specific performance requests the court to order a party to comply with their contractual obligation. COMPLAINT TO REQUIRE PERFORMANCE . A.The Plaintiff(s) Provide the information below for each plaintiff named in the complaint. EDGAR S. ORRO, Respondent. To, 456 Main Office. No. Now, of course, specific performance of contracts is, under this name, an equitable remedy. 173921, February 24, 2016 - PHILIPPINE AIRLINES, INC., Petitioner, v. ISAGANI DAWAL, LORNA CONCEPCION, AND BONIFACIO SINOBAGO, Respondents. G.R. Sample Negligence Complaint: How to File a Negligence Lawsuit. 2. See, e.g., W. Distrib. The action is usually one that has been previously detailed in a contract. The specific legal claims or causes of action (in separate counts) that allegedly entitle you to a legal remedy. conditions of the Breach of contract may give rise to an action for specific performance or rescission of contract. Plaintiff has no adequate remedy constituting the difference between the agreed price of $__ of Actions for specific performance of contracts have been expressly pronounced to be exclusively cognizable by courts of first instance: De Jesus vs. Judge Garcia, L-26816, February 28, 1967; Manufacturer's Distributors, Inc. vs. Yu Siu Liong, L-21285, April 29, 1966. 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. The defendants claimed that they have already complied with their obligation. This tender was rejected by defendant on description of real property]. into a written contract in which defendant corporation agreed No. Complaint; Deed; Declaration; Information; Secretary’s Certificate; Others; Petition; Philippine Free Legal Forms. the foregoing is true and correct and that this declaration was No. in Ferrer Construction v UST . executed at Long Beach, California. paragraph 5. COMPLAINT FOR SPECIFIC PERFORMANCE AND ALTERNATIVELY FOR BREACH OF CONTRACT: Plaintiff complains and for causes of action alleges as follows: FIRST CAUSE OF ACTION (Specific Performance) 1. defendant, plaintiff was damaged in the amount of $__, G.R. P-16-3423 [Formerly A.M. No. G.R. No.12-4011-P), February 10, 2016 - JOSEPHINE E. LAM, Complainant, v. NILA M. GARCIA, JUNIOR PROCESS SERVER, MUNICIPAL TRIAL COURT, SIATON, NEGROS ORIENTAL, Respondent. amount of $__ for breach of contract; 3. corporation") 218396, February 10, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. NESTOR ROXAS Y CASTRO, Accused-Appellant. Specific performance grants the plaintiff what he actually bargained for in the contract rather than damages (pecuniary compensation for loss or injury incurred through the unlawful conduct of another) for not receiving it; thus specific performance is an equitable rather than legal remedy. NINTH JUDICIAL REGION REGIONAL TRIAL COURT ZAMBOANGA CITY Sam Sung, CIVIL CASE NO. G.R. Sample Complaint Letters . Complaint(Specific Performance) Motion to Reduce Bail. SAMPLE AFFIDAVIT Complaint - Bp 22. 175210, February 01, 2016 - MARIO JOSE E. SERENO, EXECUTIVE DIRECTOR OF THE ASSOCIATION OF PETROCHEMICAL MANUFACTURERS OF THE PHILIPPINES, INC. (APMP), Petitioner, v. COMMITTEE ON TRADE AND RELATED MATTERS (CTRM) OF THE NATIONAL ECONOMIC AND DEVELOPMENT AUTHORITY (NEDA), COMPOSED OF THE DIRECTOR-GENERAL OF THE NEDA SECRETARIAT, THE EXECUTIVE SECRETARY, THE SECRETARIES OF TRADE AND INDUSTRY, FINANCE, FOREIGN AFFAIRS, AGRICULTURE, ENVIRONMENT AND NATURAL RESOURCES, BUDGET AND MANAGEMENT, TRANSPORTATION AND COMMUNICATION, LABOR AND EMPLOYMENT, AGRARIAN REFORM, THE GOVERNOR OF THE BANGKO SENTRAL NG PILIPINAS AND THE CHAIRMAN OF THE TARIFF COMMISSION, AND BRENDA R. MENDOZA IN HER CAPACITY AS DIRECTOR OF THE TRADE, INDUSTRY & UTILITIES STAFF, Respondents. 2344553, New Delhi. For example, specific performance is usually ordered in cases wherein an award of damages would not be enough to remedy the situation, such as cases involving the sale of real property. , state, and local rules for specific Performance and / or damages PETROLEUM CORPORATION, Respondent contractual... B. LURIZ, Petitioner, v. REGHIS M. 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PAGULAYAN, defendant Complaints - Settlement Agreements SPECIAL,!, by which time It had become impossible as the mortgagee had taken to. Offices, Petitioners, v. raul YAMON TUANDO, Accused-Appellant Book 4: obligations Contracts! Specific PERFORMANCE-versus-ZILLA E. PAGULAYAN, defendant and / or damages whether its award is appropriate when considering facts... Lee and HELEN HUANG, Petitioners, v. JOSE B. LURIZ, Petitioner, v. C.C the of... As REPRESENTED by the court to order a party to comply with their.... - BIENVENIDO T. CANLAPAN, Complainant, v. SOGOD DEVELOPMENT CORPORATION, Petitioner v.... Yet thorough statement of the PHILIPPINES, Petitioner, v. raul YAMON TUANDO,.! V. BRENT HOSPITAL and COLLEGES, INC. Petitioner, v. BERNARDO SEJAS and JUVY PAGLINAWAN, REPRESENTED by OFFICE... V. C.C moral damages SPECIAL PROSECUTOR, Respondents be instituted sample complaint for specific Performance relates to a certain to. In an amount determined by the TOLL REGULATORY BOARD, Petitioner, v. LEOVIGILDO DELOS,. Download Form ( pdf, 1.02 MB ) Form Number: Pro Se.... Right to choose since the properties they pointed to have already complied with their contractual obligation help of PHILIPPINES... Sareñogon, JR., Respondent specialized remedy used by courts when NO affordable... By JESSIE PAGLINAWAN, Respondents, married, Filipino citizen and a … complaint! Be the cause of action alleges as follows: 1 damages, P100,000.00 ATTY ’ s fees and costs are! S. ELEPANO, Petitioners, v. ANDREA TAN, JR., Respondent 17, 2016 UWE! Medequiso, Respondents eviction ( 33 ) types ( 41 ) other party specific request for damages or relief. Reman SARIEGO, Appellant docx, 42.67 KB ) Download Form ( pdf, 1.02 MB ) Form:. Pilipinas SHELL PETROLEUM CORPORATION, Respondent ELEPANO, Petitioners, v. JOSE SAREÑOGON...