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Sample Paper For Unlawful Detainer
Sample Paper For Unlawful Detainer
Metrobank postdated checks payable to Acme Realty are hereto attached as EXHIBITS A
and B to B-11, respectively and made integral parts hereof;
3.1 On October 31, 2011, plaintiff purchased the leased premises from Acme Realty
as well as all the rights, interest, participation and equity thereto including its rights over
the lessees of the said leased premises
name of the plaintiff was issued in its favor, copies of the Deed of Sale dated October
31, 2011, and TCT No. 12345 of the Registry of Deeds for the City of Manila in the
name of the plaintiff are hereto attached as EXHIBITS C and D, respectively and
made integral parts hereof;
3.2 On November 7, 2011, defendant was served with a copy of plaintiffs letter dated
November 5, 2011, informing him that plaintiff is already the new owner of the leased
premises and requested him to replace the post dated checks which he issued to Acme
Realty with post dated checks payable to plaintiff. Sadly, despite receipt thereof,
defendant did not issue the replacement checks. Copy of the letter dated November 7,
2011, is hereto attached as EXHIBIT E and made an integral part hereof;
3.3 Meanwhile, plaintiff deposited
2011,
duly endorsed by Acme Realty but all were dishonored on the ground of
STOPPED PAYMENT, copies of the four (4) dishonored Metrobank checks with
stamped marked STOPPED PAYMENT are hereto attached as EXHIBITS F to
F-3, and made integral parts hereof;
3.4 . On March 15, 2012, plaintiff personally served defendant with a copy of its letter
dated March 10, 2012, demanding him to settle his arrears in the accumulated amount
of P400,000.00 representing monthly rentals from December 2011 to March 2012, as
well as to vacate and peacefully turn over the possession of the leased premises to the
plaintiff within a period of 15 days from receipt thereof but despite the lapsed of the
said period, defendant failed to heed the said demand letter, copy of which is hereto
attached as EXHIBIT G and made an integral part hereof;
Hence this complaint for unlawful detainer with payement of arrears and attorneys fees.
4.0 ISSUES
4.1 Whether or not the plaintiff has a cause of action and is entitled for claims against
defendant?
4.2 Whether or not the defendant committed an unlawful detainer?
and
6.3. Ordering the defendant to pay the amount of P20,000.00 as and by way of
attorneys fees and costs of suit.
JUST AND EQUITABLE RELIEFS in the premises are likewise prayed for.
June 15, 2012, Manila (for Quezon City).
MIDAS RIZAL
Roll No. 38057
IBP No. 706723:1-5-12
PTR No. 8235965:1-5-12
MCLE Exemption No. IV 000440:1-12-12
Manila III
Off. Tel Nos. 731-48-17/731-81-71/731-81
Units 407-408, Prime Edifice Bldg.,
Dapitan St., Sampaloc, Manila;
VERIFICATION
Marcelo Pilar, under oath deposes and says that:
1.0. He is the President of Gollum Realty Development Corp. (Gollum) and he was
duly authorized to act for and in behalf of the company to file the present complaint
against defendant on the strength of the Secretarys Certificate dated April 13, 2012,
copy of which is hereto attached as ANNEX H and made an integral part hereof;
2.0. He, for and in behalf of Gollum, has caused the preparation of the foregoing
complaint and he has read the allegations contained therein and that they are true and
correct of his own personal knowledge and that they are based on authentic/genuine
documents;
IN WITNESS WHEREOF, he has hereunto affix his signature on this 14 th day of
in the City of Manila.
April 2012,
JUAN DE LA CRUZ
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME this 14 TH day April 2012. Affiant presented to
me his Senior Citizens ID No. 29986 issued on March 3, 2011.
MARIA ROSARIO
Notary Public
Until December 31, 2012
PTR No. 23425:1-3-12
IBP No. 648340:1-5-12
Tretorn Plaza, Espana, Manila
Notarial Commission No. 5242325