REPUBLIC OF THE PHILIPPINES

Regional Trial Court

Dimasarakan City
Philippines
JAMES BAND, as represented by
JAMES BAND, Jr.
Plaintiff,
CIVIL
CASE No. 012345
-versusSpecific

FOR:

Performance and Damages

WIDELAND REALTY INCORPORATED,
Defendant.
x-----------------------------------x
COMPLAINT
unto
1.
2.

3.

4.

5.

a.

Plaintiff, JAMES BAND, by the undersigned counsel and

this Honorable Court respectfully alleges:
That plaintiff, JAMES BAND, is of legal age, married,
American and a resident of Hollywood, Los Angeles.
That defendant, WIDELAND REALTY INCORPORATED, is
a domestic corporation, duly organized and existing
under and by virtue of the laws of the Philippines, with
principal place of business at office at #97, Toan Street,
Dimasarakan City, where it may be served with
summons and other legal processes.
That plaintiff managed the affairs of defendant from
1995 to 2005 without being paid his salaries and
account receivables amounting to P10, 000,000.00 and
P7, 500,000.00 respectively.
That plaintiff, after negotiation with defendant, agreed
to be paid a discounted amount of P15, 000,000.00 and
to receive properties in lieu of cash as full and final
settlement of his claims against the corporation.
That on March 20, 2005, the Board of Directors of
defendant passed Board Resolution No. 02-0202 Series
of 2005 conveying the following properties to plaintiff:
Estimated Value
5 Corporate Share of Pang-Ur Php 5, 000, 000.00
Golf and Country Club
computed at Php 1, 000,
000.00 per share
Page 1 of 4

b. Units 1,2,3,4,5 of Margaay

Condominium
c. 5 hectares agricultural land
inLiblib, Suli, covered by TCT
No. 02

Php 5, 000, 000.00

computed at Php 1, 000,
000.00 per unit
Php 5, 000, 000.00

6. That defendant failed to transfer the properties in the

name of plaintiff.
7. That on January 07, 2015, Plaintiff, through counsel,
sent a Demand Letter which was duly received on the
same date by defendant.
8. That defendant did not act on the demand letter.
9. That plaintiff later found out that Unit I of Margaay
Condominium belongs to another corporation and the
occupants of Units 4 and 5 of Margaay Condominium
never vacated the premises and continued to pay
defendant monthly rentals of P50, 000.00 each.
10.That the shares of Pang-Ur Golf and Country Club were
not transferred in his name.
11.That plaintiff executed a Special Power of Attorney on
February 10, 2015 in favor of his son, James Band, Jr. to
file the appropriate action against defendant, sign the
verification and certification against forum shopping
and represent plaintiff in all proceedings thereof.
WHEREOF, premises considered, the plaintiff prays that
the Honorable Court decide in his favor and order that:
a. The occupants of Units 4 and 5 of Margaay
Condominium vacate the premises thereof;
b. That defendant pays the amount of P100,000.00 for
the damages sustained by plaintiff.
Atty. Jose Ma. N. Darumbung
Counsel for Plaintiff
PTR No. 077747; 1-0515, BC
TIN No. 123865; 1-05-13,
BC
IBP No. 2101020; 1-0510, BC
Roll No. 86254, Baguio
City
MCLE No. 101020

Page 2 of 4

Page 3 of 4

VERIFICATION AND CERTIFICATION AGAINST FORUM

SHOPPING
I, JAMES BAND, after being duly sworn to in accordance with
the law depose and state:
1. That I am the plaintiff in the foregoing case.
2. That I have caused the preparation of the complaint
3. That I have read the allegations contained therein and
are the truth based on my personal knowledge and
authorized documents
4. That I have not commenced any action or filed any
claim involving the same issues in any court, tribunal,
or quasi-judicial agency, and no similar action is
pending therein
5. That if I should thereafter learn that the same or similar
action is pending in any court, tribunal or quasi-judicial,
I shall within (5) five days report it to the court where
the case is instituted.
Witness my hand this 13th day of March 2015.
JAMES BAND, JR.
Representative of affiant James Band
SUBSCRIBED AND SWORN TO before me this 13th day of
March 2015 with the affiant personally known to me in
Dimasarakan City.

ATTY. ALLEN JOY A. TACTAY

Notary Public
IBP No. 12034; 1-05-13, BC
Roll No. 2034
TIN No. 10102010, 1-05-11 BC
PTR No. 092515 1-05-12 BC
#97 Magsaysay Street, Baguio City
MCLE No. 2101020

Doc No. 475

Page No. 95
Book No. XI
Series of 2015
Page 4 of 4