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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES
6
th
Judicial Region
City of Bago
-oOo-

JOSE RODRIGUEZ,
Plaintiff,


-versus- Civil Case No. _______
For: Unlawful Detainer
and Damages


MARIO CANSON,
Defendant.
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COMPLAINT

PLAINTIFF JOSE RODRIGUEZ, through the undersigned
counsel and unto this Honorable Court, most respectfully
avers that:

Jurisdictional Facts

1. Plaintiff Jose Rodriguez is of legal age, Filipino,
married and a resident of Barangay Poblacion, Bago City,
Negros Occidental;

2. Defendant is Mr. Mario Canson, likewise of legal
age, Filipino, widowed with address and who can be served
with summons and other processes of the Honorable Court
at Barangay Lag-ason, Bago City, Negros Occidental;

Factual Antecedents

3. Plaintiff is the registered owner of a parcel of land
situated in Barangay Lag-ason, Bago City, Negros Occidental
with an area of FIFTY THOUSAND (50,000.00) SQUARE
METERS, more or less, covered by Transfer Certificate of
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Title No. 392430 and which is more particularly described as
follows:

TCT No. 392430

A parcel of land situated in Barangay Lag-
ason of the City of Bago, Island of Negros xxx with
an area of FIFTY THOUSAND (P50,000.00)
SQUARE METERS, more or less, including all
implements therein and all improvements that
may be found thereon.

(Certified True Copy of the said Transfer Certificate of
Title is hereto attached and incorporated as ANNEX A);

4. Sometime in 1970, Plaintiff purchased the
abovementioned property from one Claridad Felidad,
through the execution of a Deed of Absolute Sale, a copy of
which is hereto attached and incorporated as ANNEX B;

5. Sometime in 2010, Defendant was allowed to
reside provisionally on the aforementioned property with
house/improvements thereon, for the humanitarian reason
that he was a relative of Defendants spouse Vilma Delfin,
and with the mere tolerance of Plaintiff and without the
benefit of any contract whatsoever, subject to an implied
agreement that Defendant will vacate the premises upon
demand;

6. With the need to utilize the said property for a
business venture, Plaintiff communicated to Defendant the
need to vacate as early as January 2013; Defendant was
then still permitted to stay for a few more months to allow
him to relocate accordingly;

7. Since May 2013 and with enough time given
Defendant, Plaintiff has then previously and verbally asked
the former to vacate the latters property, which Defendant
refused and for which a written notice of a demand to vacate
(DEMANDA SA PAGPAHALIN SA DUTA) was thereafter sent
to Defendant on June 17, 2013, advising him to vacate the
said property within FIFTEEN (15) days from receipt thereof;

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(Copy of Plaintiffs demand letter dated June 17, 2013
and Certification from the Post Office dated June 23, 2013,
Registry Receipt No. 2000, showing the fact that Defendant
received said notice/demand are all hereto attached and
incorporated as ANNEXES C and D, respectively.)

8. However, despite demand duly made and
received, Defendant refused and continues to refuse to
vacate the premises of the subject property, constraining
Plaintiff to file this Complaint;

Causes of Action

First Cause of Action: Unlawful Detainer

9. The stay of the Defendant in the subject property
became unlawful from the time he received the Demand to
Vacate from Plaintiff on June 23, 2013; as such, Plaintiff is
entitled to seek the ejectment of the Defendant from the
said property, which is the subject matter of this case;

Second and Third Causes of Action: Damages, Cost of
Suit, Attorneys Fees and other Fees

10. As a consequence of Defendants non-compliance
with the Demand to Vacate (DEMANDA SA PAGPAHALIN SA
DUTA), the Plaintiff was constrained to have this case filed
and is burdened to pay the costs of this suit;

11. Also, for compelling Plaintiff to engage the
services of the undersigned counsel, Defendant should be
held liable to pay the sum of TEN THOUSAND PESOS (PhP
10,000.00) by way of attorneys fees;

12. Finally, due to the sleepless nights and serious
anxieties brought about by the continued refusal of the
Defendant to vacate the premises of the subject property,
the latter should be condemned to pay the amount of
P10,000.00 by way of moral damages.


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PRAYER

WHEREFORE, PREMISES CONSIDERED, it is most
respectfully prayed of this Honorable Court that judgment be
rendered ordering Defendant to vacate the subject premises
and to pay the Plaintiff the costs of this suit, damages as
well as attorneys fees.

Other relief and remedies, just and proper under the
premises, are likewise most respectfully prayed for.

Most respectfully submitted this December 14, 2013 in
Bago City, Negros Occidental, Philippines.



AIKEN G. ALAGBAN
Collaborating Counsel for Plaintiff
ROLL NO. 11111
IBP OR No. 12345, 03-06-12
PTR No. 1234567, 3-26-12
MCLE COMP. IV 0001460, 02-09-11
B9, L26 Grandville 3 Subd.
Brgy. Mansilingan, Bacolod City, 6100
Tel./ Fax No. (034) 435-5778


KARLA ALVAREZ
Collaborating Counsel for the Plaintiff
ROLL NO. 22222
IBP OR No. 123456, 01-02-13 B.C.
PTR No. 5039740, 01-02-13 B.C
MCLE No. IV 0001461, 02-09-11
___________________________
Tel./ Fax No. (034) ___________


JANELYN JEROY
Collaborating Counsel for Plaintiff
ROLL NO. 33333
IBP OR No. 54321, 03-06-12
PTR No. 7654321, 3-26-12
MCLE COMP. IV 0001462, 02-09-11
______________________
Tel./ Fax No. ____________
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VERIFICATION WITH
CERTIFICATION OF NON-FORUM SHOPPING

I, JOSE RODRIGUEZ, of legal age, Filipino, married
and a resident of Barangay Poblacion, Bago City, after being
sworn in accordance with law, depose and say that:

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.

IN WITNESS WHEREOF, I have hereunto set my hand
this December 14, 2013 in Bago City, Negros Occidental,
Philippines.


_________________
JOSE RODRIGUEZ
ID No. 13-12345


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Republic of the Philippines . . . . . .)
City of Bago. . . . . . . . . . . . . . . . )Sc.
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SUBSCRIBED and sworn to before me on December 14,
2013 and in the place abovementioned, affiant personally
appeared, and showed his above-indicated Identification
Data Card.

Witness my hand and seal.


Attorney
Notary Public
My Commission Expires Dec. 31, 2013
Roll of Attorney No. 34567
IBP No. 12345/2-5-12/Bacolod City
PTR No. 87654/12-22-11/Bacolod City

Doc. No. __;
Page No. __;
Book No. __;
Series of 2013.