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Republic of the Philippines

Municipal Trial Court


Branch 8
Iloilo City

MA. SHIRLEY S. BERIONES, Plaintif CIVIL CASE NO. 381978


FOR: Unlawful Detainer
-versus-

RHODERICK S. NIETES, Defendant

x-----------------------------------------x

COMPLAINT

COMES NOW, the plaintiff together with the undersigned counsel to this most
honorable court, MOST RESPECTFULLY STATES THAT;

1. The Plaintiff is of legal age, married, and a resident of Muyco St. Dingle,
Iloilo. The Defendant is likewise of legal age, single, and temporary
residing at Corner 10th and 11th Street, Phase 1, Alta Tierra Village, Jaro,
Iloilo City;

2. The Plaintiff is the owner of the house and lot located at the Corner 10 th
and 11th Street, Phase 1, Alta Tierra Village, Jaro, Iloilo City, as evidenced
by pertinent documents like the tax declaration, deed of sale, and transfer
certificate of title. (EXHIBIT A );

3. The Defendant is the lessee of the property that is owned by the Plaintiff
as evidenced by the written contract of lease that both parties signed.
(Exhibit B);

4. By virtue of a contract of lease, the plaintiff leased unto the defendant the
aforesaid property for a consideration of TEN THOUSAND PESOS (Php
10,000.00) a month as rental to be paid within the first ten (10) days of
each month starting July 2010;

5. That both parties have agreed upon Item No. 15 of the said contract
explicitly provides an interest rate of 2% per month shall be imposed as
penalty on unpaid rentals;

6. The defendant failed to pay the agreed rental for several months starting
February 19, 2012 up to the present;
7. On January 1, 2017 the plaintiff sent a letter of demand to vacate the
apartment which was received by the defendant as shown in the registry
return receipt hereto attached as Annex A;

8. Despite said letter of demand which was repeated by oral demands, the
defendant failed and still refused to pay the agreed amount of rentals and
to vacate the property;

9. By reason of failure of the defendant to vacate the premises and to pay


the unpaid rentals, the plaintiff was compelled to file this complaint
engaging the services of counsel in the amount of THIRTY THOUSAND
PESOS (Php 30,000).

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed unto this


Honorable Court that, after hearing, judgment be rendered ordering the defendant:

1. To vacate the subject premises;

2. To pay the amount of TEN THOUSAND PESOS (Php 10,000.00) per month as
compensation for the reasonable use of the subject premises and the agreed
upon interest for the unpaid amounts of rent due, until they finally vacate the
said premises;

3. To pay the plaintiff the cost of the suit;

City of Iloilo, May 5, 2017.

Atty. Juan Dela Cruz


Counsel for the Plaintif
PTR No. 1234567, Iloilo City, 1/2/17
IBP OR No. 654321, Iloilo City, 1/2/17
Attorneys Roll No. 11223
MCLE Compliance Certificate No. IV-0012345, Iloilo City,
1/2/17
VERIFICATION AND CERTIFICATION

I, Ma. Shirley S. Beriones, of Legal age, married, Filipino Citizen and a resident of
Muyco St, Dingle, Iloilo, after being sworn according to law, hereby depose and state
that;

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis of copies of documents
and records in my possession;

4. I have not commenced any other action or proceeding involving the same
issues in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;

5. To the best of my knowledge and belief, no such action or proceeding is


pending in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;

6. If I should thereafter 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 undertake to report that fact within five (5) days
therefrom to this Honorable Court.

Ma. Shirley Beriones


Plaintif

SUBSCRIBED AND SWORN to before me, this 20th day of April 2017 in Iloilo City,
with affiant exhibiting her Drivers License with I.D. No. 12345 issued by the Land
Transportation Office on May 5, 2017 at the City of Iloilo.

Atty. Juan Dela Cruz


NOTARY PUBLIC
PTR No. 1234567, Iloilo City, 1/2/17
IBP OR No. 654321, Iloilo City, 1/2/17
Attorneys Roll No. 11223
MCLE Compliance Certificate No. IV-0012345, Iloilo City,
1/2/17

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