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REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT


NATIONAL CAPITAL JUDICIAL REGION
MAKATI CITY, BRANCH 10

VINCENT MATEO WOLFE,


Plaintif,

-VERSUS- CIVIL CASE NO. 14578


FOR: EJECTMENT
JUAN CARLOS PAROLAN,
and all persons claiming rights under him,
Defendants.
x--------------------------------------------------------x

COMPLAINT

Plaintiff, by counsel, unto this Honorable Court respectfully


states:

1. PLAINTIFF VINCENT MATEO WOLFE (hereinafter


PLAINTIFF for brevity), is a corporation duly organized and
existing under and by virtue of the laws of the Republic of the
Philippines with address at House 2205, Jazz Residences, P. Ocampo
Ext., Makati City. A copy of the Birth Certificate to file this complaint
and sign the verification/certification is hereto attached and made
integral part hereof as Annex A;

2. Defendant JUAN CARLOS PAROLAN is of legal age,


Filipino, and with address at 6982 Involuntario Celestino Street,
Poblacion, Makati 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 a house and lot with
address 6982 Involuntario Celestino Street, Poblacion, Makati City.

3. PLAINTIFF is the owner of a house and lot with address


6982 Involuntario Celestino Street, Poblacion, Makati City (hereinafter
referred to as the HOUSE);

4. On January 14, 2016, defendant entered into a Contract of


Lease with the Plaintiff over the above HOUSE for a term of five (5)
years at a monthly rental of TEN THOUSAND PESOS (Php10,000.00)
payable to the plaintiff on or before the 15th day of every month.
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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 House upon


expiration of lease contract, as stated in paragraph
10 thereof, to wit:

10. 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 the right to vacate the


defendant and payment of subsisting payments
when the defendant failed to surrender possession of
the house to plaintiff, and this is stated in paragraph
11 thereof, to wit:

11. FAILURE OF PAYMENT If the LESSEE fails to pay


the LESSOR within thirty (30) days of the last month that
LESSEE failed to pay, the LESSOR shall have the right to
vacate the LESSEE upon failure to pay the lease within 30
days after the stated date xxx xxx.

c) Plaintiff does not waive this right to vacate the


defendant when the period to vacate is not followed.

6. Defendant defaulted in paying his monthly rental on July


15, 2016 thus, on June 16, 2016, plaintiff sent a demand letter to
defendant to pay TEN THOUSAND PESOS (Php10,000.00) unpaid rental
as of that date. The said demand letter is hereto attached and marked
as Annex D.

7. Unfortunately, defendant failed to pay within thirty (30)


days from the above-mentioned date. However, on July 20, 2016,
defendant sent a letter wherein the latter promised to pay plaintiff the
subsisting rental payment. Defendant has been struggling financially
since he was recently fired from his occupation as a football coach and
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is currently looking for a new job to support his family. The Defendants
letter of promise of payment is hereto attached and marked as Annex
E. Plaintiff was a good friend of defendant since college and decided
not to demand the rental payment and let defendant search for a new
job.

8. Since June, plaintiff sent seven (7) letters to defendant on


each 15th day of the month which were left unanswered. The last letter
is dated April 15, 2017. Despite these letters, Defendant was not able
to pay the plaintiff since June 15, 2016 until the point that he incurred
unpaid rentals for the past ten (10) months, which in total amounted to
ONE HUNDRED THOUSAND PESOS (Php100,000.00) as of April 15,
2017 payable to plaintiff. These letters are hereto attached and
marked as Annexes F, G, H, I, J, K, and L.

9. The one year period for the filing of an ejectment case is


reckoned from the date of the last demand;

10. Despite the fact that the defendant is not anymore entitled
to the occupation and possession of the subject House 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 PLAINTIFF to the possession of the subject House;

11. The continuous possession by the defendant and his


refusal to restore PLAINTIFF to the possession of the House has
become illegal and unlawful, and PLAINTIFF is now entitled to the
immediate possession of the same;

12. As the defendant is adamant in his refusal to vacate the


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

13. 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, PLAINTIFF should be awarded
exemplary damages of TWENTY THOUSAND PESOS (Php20,000.00);
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14. Likewise, PLAINTIFF is entitled to a reasonable rent of


FIFTEN THOUSAND PESOS (Php100,000.00) for the subject House, until
defendants and all persons claiming rights under them physically
vacate the House addressed 6982 Involuntario Celestino Street,
Poblacion, Makati City;

15. PLAINTIFF 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 House the subject House, and restore VINCENT
MATEO WOLFE (PLAINTIFF) to the possession thereof;

2. PLAINTIFF be awarded the following to wit:

a) Php100,000.00 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;

3. Costs of suit.

Other reliefs just and equitable under the premises are also
prayed for.

Makati City, April 19, 2017.

Atty. BRUCE RIVERA SALTIK


Counsel for PLAINTIFF
House 2-B, 2nd Floor Star Centrum Building
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. 16969
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REPUBLIC OF THE PHILIPPINES)


____________________________) SS.

VERIFICATION and CERTIFICATE OF NON FORUM SHOPPING

I, VINCENT MATEO WOLFE, 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.

VINCENT MATEO WOLFE


Affiant

SUBSCRIBED AND SWORN to before me this April 19, 2017;


affiant exhibited to me her LTO I.D. Number BB- 13-45565.

DOC. NO. 11
PAGE NO. 3
BOOK NO. 10
Series of 2017.

Atty. JENNIFER CHRISTENSEN


Notary Public
Makati City