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REPUBLIC OF THE PHLIPPINES

FIRST JUDICIAL REGION


METROPOLITAN TRIAL COURT
BRANCH
CITY
MARIA LEONORA P. TERESA
Plaintiff,
Civil Case No. 12345
For: EJECTMENT
(UNLAWFUL

-versusDETAINER)

With Preliminary
Mandatory
Injunction
DELILAH K. ZEUS
Defendant.
x----------------------------------------x
COMPLAINT
PLAINTIFF, by and through the undersigned counsel
unto this Honorable Court, most respectfully alleges:
1. Plaintiff, Maria Leonora P. Teresa, is of legal age,
single, Filipino citizen and resident of No. 134 Dalisay
Street, 45 Amparo Heights, Pinsao Proper, Baguio
City, where she may be served with summons,
pleadings, orders and other court notices;
2. Defendant Delilah K. Zeus, is of legal age, Filipino
citizen, married, with residence address at No. 69
Ellen Adarna, Alfred Dizon Subdivision, Baguio City,
and business address at Stall No. G-1 West Park
Commercial Center, Session Road, Baguio City,
where he may be served with summons, copy of this
complaint, pleadings, orders and other court notices;
3. Plaintiff is the LESSEE of a commercial building
owned by ABC REALTY CORPORATION namely, West
Park Commercial Center located at Session Road,
Baguio City by virtue of a Contract of Lease, which
allows sub-leasing under Section 5 page 2, hereto
attached as Annex A & A-1;

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4. That respondent is a sub-lessee since July 5, 2008,


the Sublease Contract was entered into with the late
Mario L. Teresa, father of Plaintiff, relative to a Stall
with No. G-1, West Park Commercial Center covering
the period of July 5, 2008 up to December 4, 2008
(Annex B);
5. That upon the death of Mario L. Teresa and the
expiration of the Contract of Lease, Plaintiff, Maria
Leonora P. Teresa took over and Defendant was
allowed to continue as sub-lessee on a monthly
basis, for as long as the monthly rentals is religiously
paid;
6. However, defendant failed to pay rent from June
2014 up to present;
7. Despite several verbal demands and written demand
made dated August 14, 2014, personally delivered by
plaintiff and received by defendant, defendant failed
to pay. Thus, a Final Demand Letter dated August 27,
2014 to pay and to vacate, was again personally
delivered by plaintiff and received by defendant
Delilah K. Zeus, again defendant failed to pay or
vacate. A copy of the Final Demand Letter, is hereto
attached as Annex C & D;
8. Notwithstanding the demands made, defendant
remained in possession of the subject property and
deprived herein plaintiff of the enjoyment thereof;
9. A Complaint was filed for conciliation and mediation
before the Lupon Tagapamayapa of Session
Barangay, Baguio City which has jurisdiction over
the case;
10. That defendant, despite notice, did not attend any
of the meetings set for mediation and conciliation
thus, a Certificate to File an Action was issued on
October 7, 2014, a copy of which is hereto attached
as Annex E;
11. That plaintiff was forced to resort to judicial action
and spent the amount of THIRTY THOUSAND
(P30,000.00) PESOS as attorneys fees, Two
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Thousand (P2,000.00) per hearing as appearance


fee, filing fee and other incidental expenses;
12. That the defendant has an outstanding unpaid
rental in the amount of THIRTY FOUR THOUSAND
EIGHT HUNDRED (P34,800.00) corresponding to
unpaid rental fees from June 2014 up to August 2014.
In addition, the amount of SEVENTEEN THOUSAND
FOUR HUNDRED (P17,400.00) PESOS/month for the
use of the premises in litis to be deposited with the
Clerk of Court from September 2014 until the Final
Decision and payment;
13. That this action is being file within a period of one
(1) year from the demand on defendant to vacate
said property;
ALLEGATIONS IN SUPPORT OF THE PRAYER FOR
ISSUANCE OF A WRIT OF PRELIMINARY MANDATORY
INJUNCTION
14. Plaintiff repleads by reference all of the foregoing
allegations as may be material and relevant under
this heading;
15. Defendant continued unlawful possession of the
said parcel of land and refused to vacate the same
and to peacefully surrender possession thereof to
herein Plaintiff is working grave injustice and causing
damage to the latter;
16. Plaintiff is entitled to the relief demanded and the
whole or part of such relief consists in the immediate
delivery and surrender by the defendant of
possession of the commercial space to the Plaintiff;
17. In the event that a Writ of Preliminary Mandatory
Injunction is granted to Plaintiff, she is ready, willing
and able to post a bond to answer for all damages
that defendant may sustain by reason of said
injunction if the court should finally decide that
Plaintiff is not entitled thereto.

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18. That a copy of the Affidavit of Merit in support of


the allegations for the issuance of the Preliminary
Mandatory Injunction is hereto attached as Annex
F;
PRAYER
WHEREFORE, it is respectfully prayed of this Honorable
Court, after due hearing, to render judgment:
1. Order defendant and all persons claiming rights under
him to vacate the premises in litis;
2. Order defendant to pay the amount of THIRTY
THOUSAND (P30,000.00) PESOS as attorneys fees, Two
Thousand (P2,000.00) per hearing as appearance fee,
filing fee and other incidental expenses of litigation;
3. Order the defendant to PAY the amount of THIRTY
FOUR THOUSAND (P34,000.00) PESOS corresponding to
unpaid rental fees from June 2014 up to August 2014
and in addition thereof, the amount of SEVENTEEN
THOUSAND FOUR HUNDRED (P17,400.00) PESOS per
month as reasonable rent to be deposited with the
Clerk of Court from September 2014 until the time
defendant vacates the premises;
4. That pending the outcome of the instant case, a writ of
Preliminary Mandatory Injunction be immediately issued
ordering the Defendant, his family, successors, assigns,
and persons acting or claiming rights under him, to
immediately vacate the said commercial space and
return possession of the same to the Plaintiff;
5. That a hearing for the Preliminary Mandatory Injunction
be set on the calendar available to the court;
Other reliefs and remedies, just and equitable under the
premises are likewise prayed for.
Respectfully submitted this 19th day of March 2016 in
the City of Baguio, Philippines.

Counsel for the Plaintif


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Valid Until December 31, 2016


Roll No. 06478: 05/11/99: Manila
PTR No. 2983706:01/03/16: Baguio City
IBP No. 1003790:1/07/16: Baguio City
MCLE Compliance No. V-000680:4/29/2015
Email Address: aquisan_amer@yahoo,com
Tel. No. (074) 445-89-87
REPUBLIC OF THE PHILIPPINES)
CITY OF BAGUIO
) S.S.
VERIFICATION/CERTIFICATION
I, Maria Leonora P. Teresa, of legal age, Filipino citizen, single
and resident of No. 134 Dalisay Street, 45 Amparo Heights, Pinsao
Proper, Baguio City, after having been sworn in accordance with
law, hereby depose and state:
1. That I am the complainant in the above-entitled case;
2. That I have caused the preparation of the foregoing
Complaint;
3. That I have read and understood all the allegations
contained therein, and the same is true and correct
of my own personal knowledge and based on
authentic records;
4. That I certify under oath that I have not commenced
any other action or proceeding which is pending in
the Supreme Court, the Court of Appeals, or any
other tribunal or agency. 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;
5. I likewise undertake that if there is any such action or
proceeding which is either pending or may have
been terminated, I will state the status thereof. If I
should thereafter learn that the similar action or
proceedings has been filed or is pending before the
Supreme Court, the Court of Appeals, or any other
tribunal or agency. I will undertake to report the fact
within five days therefrom to the Court or agency
wherein the original pleadings an sworn certification
contemplated in Administrative Circular No. 04-94
February 8, 1994.

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IN WITNESS WHEREOF, I have hereunto affixed my


signature this 19th day of March 2016 in Baguio City,
Philippines.
Affiant
Drivers License No. AO1-98-065487
Expiry Date: 2016-09-20
SSS ID No. 33-5487312-6
SUBSCRIBED AND SWORN TO BEFORE ME, a Notary
Public for and in the City of Baguio, affiant personally
appeared having exhibited to me her Drivers License and
Social Security System Identification Card which details are
indicated below her name and signature.
WITNESS MY HAND AND SEAL this 19th day of March
2016 in the City of Baguio.
Doc. No. 1;
Page No. 1;
Book No. I;
Series of 2016.

Notary Public for and in the City of Baguio


Valid Until December 31, 2016
Roll No. 06478: 05/11/99: Manila
PTR No. 2983706:01/03/16: Baguio City
IBP No. 1003790:1/07/16: Baguio City
Notarial Commission No. 16-NC-15-R; Jan. 6,

2015
MCLE Compliance No. V-000680:4/29/2015

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