REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
PASAY CITY, BRANCH _____

ADVANCED FOUNDATION CONSTRUCTION

SYSTEMS CORPORATION,
Plaintif,
-VERSUS_________________

CIVIL

CASE

NO.

FOR: EJECTMENT

GIANNI MODICA,
and all persons claiming rights under him,
Defendants.
x--------------------------------------------------------x

COMPLAINT
Plaintiff, by counsel, unto this Honorable Court respectfully
states:
1.

PLAINTIFF ADVANCED FOUNDATION CONSTRUCTION

SYSTEMS CORPORATION (AFCSC for brevity), is a corporation

duly organized and existing under and by virtue of the laws of the
Republic of the Philippines with business address at Unit 12-B, 12th
Floor Petron MegaPlaza Building, 358 Senator Gil Puyat Avenue, Makati
City herein represented by Ms. Suzette R. Esma. A copy of the
Secretarys Certificate to file this complaint and sign the
verification/certification is hereto attached and made integral
part hereof as Annex A;
2.

Defendant GIANNI MODICA is of legal age, a

foreigner, and with address at Unit 604 Somerset Tower I, Leveriza

Street, Pasay City, where he may be served with summons and
other court processes (hereinafter DEFENDANT for brevity);
This action includes as defendants all persons claiming
rights under said defendant or any or all occupants of Unit 604
Somerset Tower I, Leveriza Street, Pasay City.

3.

AFCSC is the owner of Condominium Unit 604 Somerset

Tower I, Leveriza Street, Pasay City (hereinafter referred to as the UNIT);

4.

On October 30, 2007, defendant entered into a

Contract of Lease with the Plaintiff over the above subject

Condominium Unit for a term of six (6) months at a monthly rental
of SEVENTEEN THOUSAND FIVE HUNDRED PESOS (Php17,500.oo)
payable to the plaintiff.
A photocopy of the above mentioned Lease Contract is
hereto made as an integral part hereof and marked as Annex B.
5.

Among the other stipulations agreed upon by plaintiff

and defendant in their lease contract are as follows:

a)

Plaintiff

is

entitled

to

possession

of

the

condominium unit upon expiration of lease contract, as

stated in paragraph 12 thereof, to wit:
12. RETURN OF PREMISES Upon termination of
this contract whether by reason of the expiration of
the term or any breach per default of the LESSEE, the
LESSEE, shall without delay, return and surrender the
leased premises in as good and tenantable condition
as they were at the beginning of the lease, ordinary
wear and tear excepted, devoid of all occupants, xxx
xxx.
b)

Plaintiff is entitled to liquidated damages of

140% of the prevailing monthly rental for every month of

delay whenever defendant failed to surrender possession of
the unit to plaintiff, and this is stated in paragraph 13
thereof, to wit:
13. FAILURE TO RETURN If the lease premises
are not returned at the termination of the lease, the
LESSEE shall be responsible to the LESSOR for all
damages which the LESSOR may suffer for any reason
thereof, and shall indemnify the LESSOR against any
and all claims which may be made by any succeeding
LESSEE against the LESSOR arising from delay in
delivery possession of the premises by the LESSOR
and shall be entitled to liquidated damages for

unlawful detained or failure to return the premises

after the terms of this lease at the rate of one hundred
forty percent (140%) of the prevailing monthly rental
for every month of delay xxx xxx.
c)
Plaintiff non-exercise of its rights under the lease
contract does not amount to waiver or relinquishment of its
right as provided for in paragraph 11 of the Lease Contract.
6.

Defendant incurred some unpaid rentals, however,

considering that defendant and Mr. Ettore Rossi (the President of

plaintiff) knew each other, plaintiff renewed this lease contract
under the same terms and conditions and for a lesser monthly
rental of FIFTEEN THOUSAND PESOS (Php15,000.oo) payable to
plaintiff for the period of six (6) months from November 10, 2008
up to May 9, 2009.
A photocopy of this Lease of Renewal Contract is hereto
made as an integral part hereof and marked as Annex C.
7.

Defendant defaulted in paying his monthly rentals,

thus, on June 8, 2009, plaintiff through its Miss Cristy B. Luyon,

Finance Manager, sent a demand letter to defendant to pay the
Php105,000.oo unpaid rentals as of that date. A photocopy of
said demand letter is hereto attached and marked as Annex D.
8.

Eventually, the lease contract expired, and though

defendant had still some unpaid rentals defendant requested its

renewal and promised to settle his unpaid rentals. With such
promise and the fact that defendant and Mr. Ettore Rossi knew
each other, plaintiff did renew the lease contract under the same
terms and conditions at a monthly rental of FIFTEEN THOUSAND
PESOS (Php15,000.oo), and this renewed lease contract covers
the period of six (6) months from May 10, 2011 up to November
9, 2011.
A photocopy of this Lease of Renewal Contract dated July
11, 2010 is hereto made as an integral part hereof and marked as
Annex E.

9.

Unfortunately, defendant still defaulted in paying the

accruing monthly rentals, and despite the grace period to update

his rental payments and to pay all the monthly rentals due,
defendant failed and continuously had not done so;
10.

By reason of said accumulating arrears of defendant,

plaintiff was worried about the payment of Condominium

Association Dues, thus, plaintiff through its President, Mr. Ettore
Rossi, notified the condominium Property Manager about the nonpayment by defendant of the monthly rentals. A photocopy of
said letter dated July 17, 2012 is hereto attached and marked as
Annex F.
11.
amounted

The rental arrearages of defendant as of July 9, 2013

to

FIVE

HUNDRED

SEVENTY

THOUSAND

(Php

570,000.oo) Pesos which covers the period of July 2008 to January

2009, and from January 2011 up to the last sending of the
Demand to Vacate and Pay Rentals on July 18, 2013 or about 38
months already;
12.

On July 18, 2013, plaintiff sent a Final Demand to

Vacate Condominium Unit 604 Somerset Tower I, Leveriza Street, Pasay

City and to Pay rental arrearages of FIVE HUNDRED SEVENTY
THOUSAND (Php570,000.oo) Pesos through a letter dated July 17,
2013 upon defendant through personal service. The said demand
letter was served by plaintiffs messenger and the same was
received by his son, Gian Franco Modica, a person of suitable age
and discretion, as evidenced by his signature at the bottom of
said letter.
Photocopies of Demand Letter dated July 17, 2013 and the
Affidavit of Service of plaintiffs messenger, who served the
Demand Letter unto the defendant, are hereto made as integral
parts hereof and marked as Annexes G and H.

13.

The one year period for the filing of an ejectment case

is reckoned from the date of the last demand;

14.

Despite the fact that the defendant is not anymore

entitled to the occupation and possession of the subject Unit by

virtue of the expiration of contract, the non-payment of rentals,
and final notice and demand to vacate the same, defendant
refused and continuously fails to restore plaintiff AFCSC to the
possession of the subject Unit;
15.

The continuous possession by the defendant and his

refusal to restore AFCSC to the possession of the Unit has

become illegal and unlawful, and AFCSC is now entitled to the
immediate possession of the same;

16.

As the defendant is adamant in his refusal to vacate

the Unit and to enforce its rights and interest, AFCSC was
constrained to institute this suit and engage the services of a
counsel for which AFCSC has to incur attorneys fees of TWENTY
THOUSAND PESOS (Php 20,000.00);
17.

To serve as an example for the public good to the end

that a person be discouraged from the unlawful possession of a

property to which he has no more right whatsoever, AFCSC
should be awarded exemplary damages of TWENTY THOUSAND
PESOS (Php20,000.00);
18.

Likewise, AFCSC is entitled to a reasonable rent of

FIFTEN THOUSAND PESOS (Php15,000.00) for the subject Unit,

from the filing of the Complaint until defendants and all persons
claiming rights under them physically vacate the Unit;
19.

AFCSC is also entitled to liquidated damages of 140%

of the prevailing monthly rental for every month of delay of

defendant to surrender the leased UNIT to AFCSC;
20.

AFCSC is also entitled to the other costs of the suit.

WHEREFORE, premises considered, it is respectfully moved

unto this Honorable Court that after due summary proceedings,
judgment be rendered as follows:
1.

Defendant and all persons claiming rights under him

be ordered to vacate Condominium Unit 604 Somerset Tower I,

Leveriza Street, Pasay City, the subject Unit, and restore ADVANCED
FOUNDATION CONSTRUCTION SYSTEMS CORPORATION (AFCSC)
to the possession thereof;
2.

AFCSC be awarded the following to wit:

a)

Php570,000.oo as and by way of unpaid rentals

b]

Php20,000.00 as and by way of attorneys fees;

c)

Php20,000.00 as and by way of exemplary

damages;
d)

Reasonable rent of P15,000.00 as and by way of

monthly rent for the subject Unit to commence from

the date of the filing of the complaint until the subject
Unit is peacefully restored and/or surrendered to
AFCSC;
d)

Legal interest on all the foregoing amounts from

the date of the filing of the complaint until payment of

the defendants; and
e]

The equivalent amount of 140% of the prevailing

monthly rental for every month of delay to surrender

possession of the UNIT as and by of liquidated
damages; and
3.

Costs of suit.

Other reliefs just and equitable under the premises are also
prayed for.
Makati City, July 31, 2013.

Atty. ROGER ALIM RODRIGUEZ

Counsel for PLAINTIFF
Unit 12-B, 12th Floor Petron Megaplaza Building
# 358 Sen. Gil Puyat Avenue, Makati City
P.T.R. No. 8439481 * Pasig City * January 11, 2013
I.B.P No. 882584 * Pasig City * January 10,uil 2013
MCLE No. III 14549 * Pasig City * April 26, 2010
Roll No. 47673

8
REPUBLIC OF THE PHILIPPINES)
____________________________) SS.

VERIFICATION and CERTIFICATE OF NON FORUM SHOPPING

I, SUZETTE R. ESMA, of legal age and Filipino, after having been duly sworn to
in accordance with law, depose and state THAT:
I am the duly authorized representative of plaintiff in the above-entitled case as
evidenced by Secretary Certificate; I have caused the preparation and filing of the
foregoing Complaint and I have read and understood the contents thereof and the
same are true and correct to the best of my personal knowledge and based on
authentic records on hand;
Furthermore, in compliance with the Rules of Court, I hereby certify that I
have not commenced any other action or proceedings involving the same issues
in the Supreme Court, the Court of Appeals, or different divisions thereof, or any
other tribunal or agency; and that to the best of my knowledge, no such action or
proceeding is pending in the Supreme Court, the Court of Appeals, or any other
tribunal or agency. If I learn that a similar action or proceeding has been filed or
is pending before the Supreme Court, the Court of Appeals, or any other tribunal
or agency, I shall notify the court, tribunal or agency within five (5) days from
notice.
AFFIANT SAYETH NAUGHT.
IN WITNESS WHEREOF, I hereunto affix my signature this July ___, 2013.

SUZETTE R. ESMA
Affiant

SUBSCRIBED AND SWORN to before me this July ___, 2013; affiant exhibited to
me her SSS I.D. Number __________________ .

DOC. NO. ____

PAGE NO. ____
BOOK NO. ____
Series of 2013.

NOTARY PUBLIC