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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


METROPOLITAN TRIAL COURT-MANILA
BRANCH 1
CITY OF MANILA
Dr. MILA M. GINES,
Plaintiff,
- versus -

CIVIL CASE NO. 08-3636


FOR : UNLWFUL DETAINER

TOMAS A. SANTOS
Defendant.
x----------------------------------- x

C O M P L A I N T
PLAINTIFF by counsel and unto this Honorable Court most respectfully
alleges, That :
1. Plaintiff, Dra. MILA M. GINES is of legal age, Filipino, with
residence and postal address at 1261 Silglo Bldg. Gelenos Street
Sampaloc Metro Manila;
2. Defendant, TOMAS SANTOS, is likewise of legal age, Filipino,
single, with residence and postal address at 1261 Silglo Bldg. Gelenos
Street Sampaloc Metro Manila, where he may be served with
summons, orders and other Court processes;
3. On 06 June 2013 the plaintiff, the rightful owner of the property, by
way of lease allowed or permitted the defendant, a working
architecture student, to use and occupy a studio type unit located at
1261 Siglo Bldg. Gelenos Street Sampaloc, Metro Manila, with a
monthly rental payment of 9,000 pesos per month for a period of one
year, from 06 June 2013 up to 07 June 2014; In pursuance to the said
lease, the plaintiff and the defendant formally executed a Contract of
Lease over the premises, photocopies of the same are hereto attached
and marked as Annexes A to form as integral part hereof;

4. Due to personal expenses of the defendant, he failed to pay the


monthly rentals for the month of March-April 2014. The plaintiff had
been generous in allowing the defendant to occupy the property
despite his non-payment until June 2014. The rental payments from
June 2013 to March 2014 were evidenced by payment receipts issued
to the defendant by the plaintiff hereto attached and marked
as Annex "B".
5. That on 06 May 2014, or one month before the expiration of the
lease agreement, plaintiff sent the defendant a notice of expiration of
their lease contract with option to renew the same or pay the
remaining unpaid rentals and vacate upon the expiration of the
contract. Such notice is hereto attached and marked as Annex "C".
6. That on 07 June 2014, the plaintiff made an oral demand upon the
defendant to pay and vacate the leased premises. However, the
defendant with grave abuse of trust and confidence coupled with
evident bad faith, deliberately refused to pay the remaining unpaid
rentals and did not vacate the leased premises as demanded, which
forced the latter to initially enter into an amicable settlement with the
former before Barangay 584 Zone 57. The parties underwent Barangay
Conciliation proceeding, however, the same proved futile hence, the
plaintiff was issued a Certification To File Action by the said Barangay.
The photocopy of the same is hereto attached and marked as Annex
D and to form as integral part hereof;
7. The Defendant, despite repeated oral and formal demands to vacate
the leased premises, adamantly refused to do so. He deliberately
occupied the property as evidenced by keeping in his possession the
room key and leaving his personal things particularly those
architectural tools that are used for his studies inside the leased unit.
Hence, the plaintiff, through the herein counsel, made a formal and
final demand to vacate the premises. Attached is the photocopy of the
Notice To Vacate herein marked as Annex E and to form as integral
part hereof;
8. The plaintiff, as a direct result of defendants deliberate nonpayment of lease rental, suffered actual losses and its opportunity to
admit new tenant. Hence, he should be made liable for the same by
this Honorable Court until and after he finally vacates the leased
premises;

9. The Plaintiff, in order to protect her rights and interest, was


constrained to engaged the services of the herein counsel for which
reason she agreed to pay him the amount of P 200,000.00 as
Attorneys Fees and the additional sum of P 5,000.00 as appearance
fee and transportation expenses per hearing of the case.
WHEREFORE, premises considered it is respectfully prayed of this
Honorable Court that judgment be rendered in favor of the plaintiff, to
wit:
1.

Ordering the defendant and all persons claiming rights in


her name to immediately vacate the subject leased
premises;

2.

Ordering defendant to pay to plaintiff her unpaid rentals of


Php9,000.00 per month from 06 March 2014 until after he
finally vacates the premises in dispute;

3.

Likewise, ordering the defendant to pay or reimburse the


plaintiff in the sum of Php200,000.00 by way of attorneys
fee and the amount of Php5,000.00 as appearance fee and
transportation expense per trial of the case including the
cost of suit.

Plaintiff further prays for such other reliefs warranted under the
premises.

Makati City for Manila

10 November 2014

ATTY. JHUN PEREZ


Counsel for the Plaintiff

5th Floor, Dominga Bldg. III, 2113 Chino


Roces Ave. cor. Dela Rosa St., Makati City
IBP No. 575848/01-13-2003/Albay
PTR No. 7012006/01-05-2004/Makati City
Roll No. 24378