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Juan Dela Cruz filed a complaint against three police officers - Supt. Juan Fernandez, PO2 Jose Reyes, and PO3 Pedro Rodriguez. Dela Cruz alleges that on January 28, 2015, the defendant officers raided his home without a search warrant, broke down his door, confiscated ten of his video gaming machines marked with his pine tree logo and last name. Despite demands, the defendants refused to return the machines, which Dela Cruz values at 100,000 Philippine pesos. Dela Cruz is requesting a writ of replevin to immediately regain possession of the machines, or alternatively payment of their market value if not returned.
Juan Dela Cruz filed a complaint against three police officers - Supt. Juan Fernandez, PO2 Jose Reyes, and PO3 Pedro Rodriguez. Dela Cruz alleges that on January 28, 2015, the defendant officers raided his home without a search warrant, broke down his door, confiscated ten of his video gaming machines marked with his pine tree logo and last name. Despite demands, the defendants refused to return the machines, which Dela Cruz values at 100,000 Philippine pesos. Dela Cruz is requesting a writ of replevin to immediately regain possession of the machines, or alternatively payment of their market value if not returned.
Juan Dela Cruz filed a complaint against three police officers - Supt. Juan Fernandez, PO2 Jose Reyes, and PO3 Pedro Rodriguez. Dela Cruz alleges that on January 28, 2015, the defendant officers raided his home without a search warrant, broke down his door, confiscated ten of his video gaming machines marked with his pine tree logo and last name. Despite demands, the defendants refused to return the machines, which Dela Cruz values at 100,000 Philippine pesos. Dela Cruz is requesting a writ of replevin to immediately regain possession of the machines, or alternatively payment of their market value if not returned.
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.