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Francisco Padilla 1

1. Francisco Padilla filed a complaint against spouses Pascual and Maria Castillo for estafa and violation of BP 22. 2. Padilla owned a parcel of land in Iloilo City that he agreed to sell to the Castillos for PHP 6 million, with the Castillos paying PHP 1 million as earnest money. 3. However, the Castillos cancelled the post-dated checks used to pay the balance and replaced them with checks under another person's name, failing to pay the remaining PHP 1.5 million owed to Padilla.

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eduardo inocencio, jr.
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83 views2 pages

Francisco Padilla 1

1. Francisco Padilla filed a complaint against spouses Pascual and Maria Castillo for estafa and violation of BP 22. 2. Padilla owned a parcel of land in Iloilo City that he agreed to sell to the Castillos for PHP 6 million, with the Castillos paying PHP 1 million as earnest money. 3. However, the Castillos cancelled the post-dated checks used to pay the balance and replaced them with checks under another person's name, failing to pay the remaining PHP 1.5 million owed to Padilla.

Uploaded by

eduardo inocencio, jr.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES “A parcel of land identified as Lot No.

1234,
REGIONAL TRIAL COURT actually situated at Manggahan Avenue, Brgy.
Branch __________ Mabolo, Anonas, Iloilo City, Philippines, containing
Province of Iloilo
Iloilo City
an area of 380 square meters, more or less, duly
covered by ARP/TD No. 06-113-1731, and
registered under the name of Francisco Padilla.”
FRANCISCO PADILLA,
Plaintiff, Copy of the said ARP/TD No. 06-113-1731 is hereto attached as
Criminal Case No. ____________ Annex “A”;
For: ESTAFA and Violation
of BP 22 3. That sometime in February 2014, the Defendants offered to buy
-versus- the above-described parcel of land, for the purpose of
constructing a commercial building, from the Plaintiff which the
SPOUSES PASCUAL CASTILLO latter accepted, for a total consideration of SIX MILLION PESOS
AND MARIA CASTILLO, (Php6,000,000.00);
Defendants.
X ------------------------------------- X 4. That pursuant to their agreement, the Defendants paid the
Plaintiff the amount of ONE MILLION PESOS (Php1,000,000.00)
as earnest money;
COMPLAINT
5. That upon execution of the Contract to Sell, the Defendants shall
Plaintiff Francisco Padilla, by the undersigned counsel and to pay the Plaintiff the amount of TWO MILLION PESOS
this Honorable Court, respectfully alleges: (Php2,000,000.00) as additional payment, leaving a balance of
THREE MILLION PESOS (Php3,000,000.00) which shall be paid
1. That Plaintiff is of legal age, Filipino citizen, single, and resident in two equal installments which shall be paid in the amount of
of Brgy. Mabolo, Anonas, Iloilo City, Philippines, while ONE MILLION FIVE HUNDRED THOUSAND PESOS
Defendants are likewise of legal age, Filipino citizens, husband (Php1,500,000.00) through Eastwest Bank (EWB) Check No.
and wife, and residents of Brgy. Mabolo, Anonas, Iloilo City, 0001122 dated October 14, 2014 and the other
Philippines; Php1,500,000.00 through EWB Check No. 0001123 dated April
14, 2015. Possession was transferred to the Defendants and the
2. That Plaintiff is the absolute owner of a property located in Parties agreed that any violation of the conditions will result in
Manggahan Avenue, Brgy. Mabolo, Anonas, Iloilo City, the revocation of the Contract. Copy of the said Contract to Sell
Philippines, which is more particularly described as follows: is hereto attached as Annex “B”;
6. That, however, sometime in June 2014, the Defendants ATTY. SYLVANO F. SARABIA
cancelled the EWB post-dated checks and subsequently Icamina Bldg., Archbishop Reyes St.,
Corner Goding Ramos St.,
replaced the same with another two (2) post-dated checks with Kalibo, Aklan, Philippines
Bank of the Philippine Islands (BPI) under the name of a certain Tel. No. 036-268-4531
RICHARD YAP y TI as Payee, and without giving notice to the PTR No. 6871230, 01/02/2020
Plaintiff. Richard Yap y Ti is claiming to be the owner of the Roll No. 70628, 06/02/2018
signed the Roll of Attorneys on 6/04/2018.
subject property who was negotiated and paid by the IBP OR No. 113167
Defendants the first installment of Php1,500,000.00 on CLAS compliant (122 hrs.) in lieu of MCLE
September, 2014;

7. That notwithstanding demands by the Plaintiff, both verbal and


written, upon the Defendants the balance of the Contract price
in the amount of Php1,500,000.00, the latter failed and refused
and continue to refuse to pay their lawful obligation;

8. That as a result of Defendants’ breach of obligation to pay their


indebtedness, Plaintiff was constrained to secure the services of
Counsel to protect his interest and to file the Complaint and to
incur attorney’s fees and expenses of litigation, in the amount of
TWO HUNDRED THOUSAND PESOS (Php200,000.00), which
should be assessed against the Defendants.

WHEREFORE, Plaintiff respectfully prays that judgment be


rendered ordering Defendants to pay the Plaintiff the balance of the
Contract price in the amount of Php1,500,000.00, as well as the sum of
Php200,000.00 as and for attorney’s fees and expenses of litigation,
plus costs.

Plaintiff further prays for such other reliefs as may be just and
equitable in the premises.

Kalibo, Aklan, Philippines, March 9, 2020.

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