Republic of the Philippines

Municipal Trial Court

Branch 5
Baguio City

Mr. Mateo Domingo, plaintiff Civil Case No. 2

Accompanied by his Attorney in fact, for:Unlawful
Detainer
Atty. Gil Cuervas

-versus-

Mr. Daniel Padilla, 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 Puguis, La Trinidad

Benguet. The Defendant is likewise of legal age, married and temporary residing at
Petersville Subdivision, Baguio City.
2. The Plaintiff is the owner of the two-storey house unit located at the Petersville
Subdivision, Baguio City, and having the residential address of PV 123 as evidenced by
pertinent documents like tax declaration and deed of sale. ( EXHIBIT A )
3. The Defendant is the lessee of the house unit that is owned by the Plaintiff as
evidenced by the written contract of lease that both parties signed. (Exhibit B)
4. The Plaintiff and the Defendant came up with a written agreement of Lease on
June 26, 2007, which they both agreed upon and was duly signed by the two parties as
shown in their contract of lease. (Exhibit B)
5. Item No. 16 of the contract which the defendant signed expressly provides that he
will only be occupying the property for one (1) year, after which, he will vacate the
house when that term expires. (Exhibit B)
6. The contract also provides that the defendant should also take care of the
property and its premises with the utmost diligence.
7. On June 28, 2008, the plaintiff, after returning from Japan, was surprised to
discover that the defendant did not vacate the property as he expected. Worse, he
installed a sari-sari store in the original building structure of the house unit.
8. The plaintiff confronted the defendant about it but the defendant claimed that it
was a DEED OF SALE which they signed and not a CONTRACT OF LEASE and
therefore, the defendant is the new owner of the house unit.
9. On August 20, 2008, after continuous demands, the defendant constantly refuses
to vacate the house unit and even invited relatives to stay with him.
10. The defendant willfully and maliciously violated the agreement which they mutually
agreed upon, and which the defendant signed.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable

Court that judgement be rendered in favor of the plaintiff and that after judgement;

a. The defendant shall vacate the house unit owned by the plaintiff.
b. The defendant shall be ordered to pay P 120, 000 for the Attorneys Fees.
 Such other reliefs and remedies under the premises are likewise prayed for.

Baguio City, Philippines, this 28th day of September 2008.

Cuervas Law Firm

Counsel for the Plaintiff
PTR No. 18909595:1-04-07:B.C.
IBP No, 693095:1-04-07:B.C.
Roll No. 42481:5-10-97: Manila
Rm. 4 2/F Baguio Boating Center
180 Burnham Lake, Baguio City

VERIFICATION AND CERTIFICATION

I, Mr. Mateo Domingo, of Legal age, married, Filipino Citizen and a resident of Puguis,
La Trinidad Benguet, 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.

Mateo Domingo
Complainant

In witness thereof, I, Mr. Gil Cuervas, counsel of the plaintiff, have herunto set my hand
this 29th of September at Baguio City.

Atty. Gil Cuervas

Counsel for the Plaintiff
PTR No. 18909595:1-04-07:B.C.
IBP No, 693095:1-04-07:B.C.
Roll No. 42481:5-10-97: Manila
Rm. 4 2/F Baguio Boating Center
180 Burnham Lake, Baguio City
 Republic of the Philippines
Municipal Trial Court
Branch 5
Baguio City

Mr. Mateo Domingo, plaintiff Civil Case No. 2

for: Unlawful Detainer

-versus-

Mr. Daniel Padilla, Defendant

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

ANSWER

COMES NOW, the defendant, through the undersigned counsel and unto this Honorable
Court, most respectfully avers:
That he ADMITS the contents of paragraph 2 only insofar as his personal circumstances
are concerned;
That he ADMITS his obligation of paying the monthly installments cited in paragraph 3 of
the complaint, but DENY the rest of the allegations therein as said defendants obligation
to plaintiff is not for the exercise of a right to repurchase but for the amortization of a loan
that he acquired from the plaintiff at an interest of 12% per annum;
That defendant is without knowledge or information sufficient to form a belief as to the
veracity of the averments in paragraph 4 of the complaint;
That defendant does not, at the moment, have all the records of payments he made to
plaintiff, so that he also does not have information sufficient to form a belief as the truth
of the allegations in paragraph 5 of the complaint and, therefore, DENY them.
WHEREFORE, the defendant respectfully prays that the complaint be dismissed
with costs against the plaintiff.
 Other relief and remedies as may be deemed just and equitable under the premises
are likewise prayed for.

City of Baguio, October 17, 2008.

GACUTAN AND SALAZAR LAW OFFICE

Counsel for the Defendant
Suite 258 The Tower
Marbolo, Baguio

By:
ARVIN GACUTAN
Roll No. 98765
IBP No, 12345/1-3-2012/Manila
PTR No. 34567/1-3-2012/Manila

Copy furnished:
ATTY. FRETTI LAUREL
Counsel for the Plaintiff
Unit 1234 Laurel Building
Don Sebastian, Baguio City
EXPLANATION

Copy of the foregoing ANSWER was served to plaintiffs counsel by registered mail
due to time and distance constraints and for lack of the undersigneds staff who can serve
the same in person.

ARVIN GACUTAN