Complaint Sample

Republic of the Philippines REGIONAL TRIAL COURT First Judicial Region Branch 5 Baguio City

Mr. Uzuma i Naruto! "lainti## Accom"anied &' (is Attorney in fact, Att'. ,oging Attorne' -$ersusMr. Uc(i(a .asu e! +e#endant /-----------------------------------------/

Ci$il Case No. % #or)Unla*#ul +etainer

COM,LAINT

COME. NO0! t(e "lainti## toget(er *it( t(e undersigned counsel to t(is most (onora&le court! MO.T RE.,ECTFULL1 .TATE. T2AT3 1. $. The Plaintiff is of legal age, married and a resident of Puguis, La Trinidad Benguet. The Defendant is li e!ise of legal age, married and temporary residing at Peters"ille #ubdi"ision, Baguio City. The Plaintiff is the o!ner of the t!o%storey house unit located at the Peters"ille #ubdi"ision, Baguio City, and ha"ing the residential address of P& 1$' as e"idenced by pertinent documents li e ta( declaration and deed of sale. ) *+,-B-T ./0 1 The Defendant is the lessee of the house unit that is o!ned by the Plaintiff as e"idenced by the !ritten contract of lease that both parties signed. )*(hibit .B01 The Plaintiff and the Defendant came up !ith a !ritten agreement of Lease on 3une $4, $556, !hich they both agreed upon and !as duly signed by the t!o parties as sho!n in their contract of lease. )*(hibit .B01 -tem 7o. 14 of the contract !hich the defendant signed e(pressly pro"ides that he !ill only be occupying the property for one )11 year, after !hich, he !ill "acate the house !hen that term e(pires. )*(hibit .B01 The contract also pro"ides that the defendant should also ta e care of the property and its premises0 !ith the utmost diligence0. 8n 3une $9, $559, the plaintiff, after returning from 3apan, !as surprised to disco"er that the defendant did not "acate the property as he e(pected. :orse, he installed a .sari%sari store0 in the original building structure of the house unit. The plaintiff confronted the defendant about it but the defendant claimed that it !as a .D**D 8; #/L*0 !hich they signed and not a .C87TR/CT 8; L*/#*0 and therefore, the defendant is the ne! o!ner of the house unit. 8n /ugust $5, $559, after continuous demands, the defendant constantly refuses to "acate the house unit and e"en in"ited relati"es to stay !ith him.

'. 2. 5. 4. 6.

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15. The defendant !illfully and maliciously "iolated the agreement !hich they mutually agreed upon, and !hich the defendant signed.

,RA1ER 02EREFORE! premises considered, it is most respectfully prayed of this ,onorable Court that =udgement be rendered in fa"or of the plaintiff and that after =udgement> a. b. The defendant shall "acate the house unit o!ned by the plaintiff. The defendant shall be ordered to pay P 1$5, 555 for the /ttorney?s ;ees. #uch other reliefs and remedies under the premises are li e!ise prayed for. Baguio City, Philippines, this $9th day of #eptember $559.

,oging Attorne' Counsel #or t(e ,lainti## PTR 7o. 19<5<5<5@1%52%56@B.C. -BP 7o, 4<'5<5@1%52%56@B.C. Roll 7o. 2$291@5%15%<6@ Aanila Rm. 2 $B; Baguio Boating Center 195 Burnham La e, Baguio City

4ERIFICATION AN+ CERTIFICATION -, Ar. CDuma i 7aruto, of Legal age, married, ;ilipino CitiDen and a resident of Puguis, La Trinidad Benguet, after being s!orn according to la!, hereby depose and state that> 1. $. - am the Complainant in this proceeding. - ha"e read and understood the filed complaint and allegations therein. Uzuma i Naruto Complainant -n !itness thereof, -, Ar. Poging /ttorney, counsel of the plaintiff, ha"e herunto set my hand this $< th of #eptember at Baguio City.

,oging Attorne' Counsel #or t(e ,lainti##

PTR 7o. 19<5<5<5@1%52%56@B.C. -BP 7o, 4<'5<5@1%52%56@B.C. Roll 7o. 2$291@5%15%<6@ Aanila Rm. 2 $B; Baguio Boating Center 195 Burnham La e, Baguio City

Complaint for Unlawful Detainer Sample

REPUBLIC OF THE PHILIPPINES METROPOLITAN TRIAL COURT City of Manila Branch 1

KRUL

-versusMEGAN

ACOSTA, Plaintiff, CIVIL CASE No. 98765 FOR: Unlawful Detainer VITUG, Defendant.

x-----------------------------------x COMPLAINT

COMES NOW, the plaintiff, through the undersigned counsel and unto this Honorable Court, most respectfully avers:

1. That the plaintiff, KRUL ACOSTA, is of legal age, Filipino citizen, single, with residence and postal address at 123 Benitez Street, Manila; 2. That the defendant, MEGAN VITUG, is of legal age, Filipino citizen, single, with residence and postal address at 456 Modesto Street, Manila, where they may be served with summons and other court processes; 3. The plaintiff is the owner of a land over which an apartment had been constructed located 654 San Pedro Street, Manila; 4. By virtue of a contract of lease, the plaintiff leased unto the defendant the aforesaid apartment for a consideration of P5,000.00 a month as rental to be paid within the first ten (10) days of each month starting November 3, 2011; 5. The defendant failed to pay the agreed rental for several months starting February 19, 2012 up to the present;

6. On May 3, 2012, the plaintiff sent a letter of demand to vacate the apartment which was received by the defendant as shown in the registry return receipt hereto attached as Annex A; 7. Despite said letter of demand which was repeated by oral demands, the defendant failed and still refused to pay the agreed amount of rentals and to vacated the apartment; 8. By reason of failure of the defendant to vacate the premises and to pay the unpaid rentals, the plaintiff was compelled to file this complaint engaging the services of counsel in the amount of P10,000.00. WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable Court that, after hearing, judgment be rendered ordering the defendant: 1. To vacate the subject premises; 2. To pay the amount of P5,000.00 per month as compensation for the reasonable use of the subject premises until they finally vacate the said premises; 3. To pay the plaintiff the cost of the suit. City of Manila, September 24, 2012.

REYES, TOLENTINO AND CRUZ LAW OFFICE Counsel for the Plaintiff Unit 123, Victoria Tower I Taft Avenue, Manila

By: Louise Reyes Roll of Attorney No. 98765 IBP No. 12345/2-5-12/Manila PTR No. 87654/12-22-11/Manila

VERIFICATION/CERTIFICATION OF FORUM SHOPPING

Republic City of Manila

of ) S.S.

the

Philippines

I, KRUL ACOSTA, of legal age, Filipino citizen, single and resident of 123 Benitez Street, Manila, after having been duly sworn to in accord Nance with law do hereby depose and say: 1. That I am the plaintiff in the above-entitled case; 2. That I have caused the preparation of the foregoing complaint and have read the allegations contained therein;

3. The allegations in the said complaint are true and correct of my own knowledge and authentic records; 4. I hereby certify that I have not commenced any other action or proceeding involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of my knowledge, no such other action or claim is pending therein; 5. That if I should learn thereafter that a similar action or proceeding has been filed or is pending, I hereby undertake to report that fact within five (5) days therefrom to the court or agency where the original pleading and sworn certification contemplated herein have been filed; 6. I executed this verification/certification to attest to the truth of the foregoing facts and to comply with the provisions of Adm. Circular No. 04-94 of the Honorable Supreme Court. IN WITNESS WHEREOF, I have hereunto affixed my signature this 24th of September 2012, in the City of Manila.

KRUL ACOSTA

SUBSCRIBED AND SWORN to before me this _______ day of September, 2012, in the City of Manila, affiant exhibiting to me his Drivers License No. 12345 issued by the Land Transportation Office on April 8, 2012 at the City of Manila.

ATTY. NO CASE Notary Public My Commission Expires Dec. 31, 2012 Roll of Attorney No. 34567 IBP No. 12345/2-5-12/Manila PTR No. 87654/12-22-11/Manila

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