REPUBLIC OF THE PHILIPPINESNINTH JUDICIAL REGIONREGIONAL TRIAL COURT

ZAMBOANGA CITY

Sam Sung, CIVIL CASE NO. __03____ Plaintiff,

FOR: SPECIFIC PERFORMANCE-versus-

Gal Axy,Defendant.

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AMENDED COMPLAINT

COMES NOW, the Plaintiff by the undersigned counsel unto the Honorable Court respectfully

alleges;

1. That Plaintiff, Sam Sung, is of legal age, married, Filipino citizen and a resident of

Tetuan, Zamboanga City where he may be served with summons and other court

processes;

2. That Plaintiff operates a small business of selling DVDs, belts, sunglasses, watches and towels near the Bus Terminal at Guiwan, Zamboanga City.

3. That on December 1, 2014, Gal Axy, of legal age and a resident of Bis, Cagayan de Oro City, posted online through social media, in http://www.facebook.com specifically, that he was selling his car, a 2011 model Honda Jazz, subject to negotiations.

4. That on the same day at around 9 o’clock in the evening, upon seeing his post, Plaintiff contacted Gal Axy through the said social media site to communicate his interest in buying his car.

5. That defendant contacted him back on the same day and initially offered to sell to him his car for six hundred thousand pesos (Php 600,000.00).

6. That plaintiff countered his offer and was able to lower the price to five hundred thousand pesos (Php 500,000.00), to which he agreed.

7. That apart from the agreed price, plaintiff and defendant also agreed that they would meet for the payment and delivery of the car at the Grand Hotel around 1 o’clock in the afternoon on December 5, 2014 at Cagayan de Oro City where the car is located.

8. That on December 3, 2014, plaintiff booked a flight to Cagayan de Oro City and accommodations for two days at the said hotel.

9. (Amendment) That on December 3, 2014 the Plaintiff called the Defendant through his cellular phone and offered to reduce the transaction into writing.

10. (Amendment) That the Plaintiff and the Defendant through the undersigned counsel have executed a contract on December 04, 2014. Witnessed by both the parties common friends, Sam Maybe and Piolo Pascua.

11. That on December 5, 2014 at around 9 o’clock in the morning, plaintiff arrived at Cagayan de Oro City and that he called Gal Axy to inform him of his arrival, but he did not pick up his phone.

12. That plaintiff checked in at the Grand Hotel at around 11 o’clock in the morning and again tried to call Gal Axy, but again he did not pick up his phone.

13. That during plaintiff’s whole stay in the said hotel in Cagayan, he consequently tried to contact Gal Axy to pursue the deal.

14. That at around 4’clock in the afternoon and afterwards, plaintiff was no longer able to reach Gal Axy though his cellular phone.

15. That, sensing that the deal would no longer push through, plaintiff booked a flight to Zamboanga City and left Cagayan de Oro City at around 7 o’clock in the evening the following day.

16. That up to this date, despite plaintiff’s several attempts to contact defendant through the social media site and his cellular phone, he has not yet to received any word or explanation from Gal Axy on why he did not honor their deal.

17. That, as a result of the plaintiff’s trip to Cagayan de Oro City, he incurred plane fare in the amount of Eight Thousand, Five Hundred Forty Three Pesos and Sixty Centavos (Php 8,543.60). Attached herewith is a copy of his plane fare ticket and boarding pass, marked as Annex “A” with submarkings.

18. That, plaintiff also paid Grand Hotel the amount of Four Thousand, Four Hundred Pesos (Php 4,400.00) for his two nights stay thereat. Attached herewith as Annex “B” is the Official Receipt of the Grand Hotel.

19. That, plaintiff also incurred transportation expenses in the amount of One Thousand Eight Hundred Pesos (Php 1,800.00) in going to and from Laguindingan Airport. Attached herewith as Annex “C” with submarkingsare the Official Receipt of the different Taxis he rode while in Cagayan de Oro City.

20. That by reason of the agreement, Plaintiff had to close his business in Zamboanga City during his two day stay in Cagayan de Oro City and was not able to realize profits from it.

21. That, plaintiff had already informed his family that he was going to Cagayan de Oro City to buy a car but he came back to Zamboanga City empty handed. This experience has subjected him to mockery and ridicule from his friends and even relatives, who now pretend to ask him where he parked his car, every time he sees them. As a result of the botched deal, plaintiff has suffered anxiety, mental and emotional anguish and stress and sleepless nights.

22. The enforcement of plaintiff’s right has compelled him to hire the services of a lawyer, whom he has paid the amount of Forty Thousand Pesos (Php 40,000.00) to litigate his cause in court. Attached herewith as Annex “D” with submarkings is the official receipt of the law firm and our engagement contract.

23. That, attached herewith as Annex “E” with submarkings, are printouts of the facebook communications between the parties.

24. (Amendment) That, attached herewith is the photo copy of the notarized contract marked as Annex ”F” and the affidavits of the witnesses, Sam Maybe and Piolo Pascua, marked as Annexes “G” and “H” respectively.

25. (Amendment) That, attached herewith is the affidavit of the Plaintiff Sam Sung marked as Annex “I”

26. That, plaintiff wishes to seek redress from the Courts to compel Gal Axy to perform the obligation he incurred to deliver the car to him, as he is ready and able to pay the price. In any case, plaintiff wishes to additionally claim actual damages in the amount of Fourteen Thousand, Seven Hundred Forty Three Pesos and Sixty Centavos (Php 14,743.60), Attorney’s Fees in the amount of Forty Thousand Pesos (Php 40,000.00), Temperate Damages in the amount of Fifty Thousand Pesos (Php 50,000.00), Moral Damages in the amount of One Hundred Thousand Pesos (Php 100,000.00), Exemplary Damages in the amount of Fifty Thousand Pesos (Php 50,000.00) and the cost of this suit.

PRAYER

IN LIGHT OF THE FOREGOING, it is most respectfully prayed of this

Honorable Court that after due notice and hearing, judgment be rendered in favor of Plaintiff

and against defendant ordering the latter, as follows:

1. To compel the Defendant to forego with the sale, deliver the car and accept the

payment;

2. To pay unliquidated damages in the estimated amount of TEN THOUSAND

(Php10,000.00) PESOS for the unrealized profits and expenses incurred by Plaintiff

in pursuing the sale;

3. To pay Attorney’s fees FORTY THOUSAND (Php40,000.00) PESOS plus TWO

THOUSAND FIVE HUNDRED (Php2,500.00) per court appearance;

4. To pay actual damages in the amount of Fourteen Thousand, Seven Hundred Forty

Three Pesos and Sixty Centavos (Php 14,743.60),Temperate Damages in the amount of

Fifty Thousand Pesos (Php 50,000.00), Moral Damages in the amount of One Hundred

Thousand Pesos (Php 100,000.00), Exemplary Damages in the amount of Fifty Thousand

Pesos (Php 50,000.00) and the cost of this suit.

Other relief and remedies that are just and equitable under the premises are likewise

prayed for.

Zamboanga City. 16 January 2015.

ATTY. FEZ BUOK

Counsel for the Plaintiff

________________________

________________________

IBP NO. ______ Zamboanga Chapter

Attorney’s Roll No. ________

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, SAM SUNG , of legal age, married, Filipino and the plaintiff in the above entitled case,

after being duly sworn to in accordance with law do hereby depose and say;

1. That I am the plaintiff in the above-entitled case;

2. That I caused the preparation of the complaint and I read the allegations contained

therein and understood each of them to be true and correct of my own personal

knowledge and beliefs and based on authentic documents.

3. That I further certify that I have not commenced any action or proceeding involving

the same issues in the Supreme Court, the Court of Appeals or different divisions

thereof, or any court, tribunal or agency.

4. That should I learn hereafter of the filing or pendency of such action/s, I undertake to

inform this Honorable Court of said fact within five (5) days from knowledge

therefrom.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 30th of January, 2015

at Zamboanga City.

SAM SUNGAffiant

SUBSCRIBED AND SWORN TO BEFORE ME, this 30th day of January, 2015 at Zamboanga City, Philippines.

Doc. No. _____;Page No. _____;Book No. _____;Series of 2015.