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REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT


SIXTH JUDICIAL REGION
Branch 14
Kalibo, Aklan

ROGER F. FEDERER,
Plaintiff,
-versus- CIVIL CASE NO.:2017-8148
RAFAEL U. NADAL, For: Ejectment
Defendant,
x----------------------------------------x

COMPLAINT

COMES NOW, the plaintiff, unto this Honorable Court, most respectfully avers:

1. That plaintiff, ROGER F. FEDERER, is of legal age, Filipino citizen,


married, with postal address at #800 Oyo Torong Avenue, Kalibo, Aklan;
2. That defendant, RAFAEL U. NADAL, of legal age, Filipino citizen,
married with postal address at #69 Osmena Avenue, Capitol Site, Estancia, Kalibo, Aklan,
where they may be served summons and other processes by this Honorable Court;
3. That the subject lot was originally owned by Andy Murray as evidenced by
his Transfer Certificate of Title No. PT-116888 under his name. Copy of Transfer
Certificate of Title No. PT-116888 is hereto attached as Annexes “A” and “B” hereof;
4. That the defendant has been occupying the said premises at #96 Osmena
Avenue, Capitol Site, Estancia, Kalibo, Aklan for more than fifteen (15) years by mere
tolerance of the original registered owners;
5. That on May 25, 2017,the registered owner, Andy Murray, sold his parcel
of land to the plaintiff, as evidenced by the Deed of Absolute Sale which is hereto
attached as Annex “C” hereof;
6. That as the new owner, plaintiff sent a demand letter to the defendant
demanding from the latter to vacate the premises and to pay a reasonable compensation
for the use of the said premises and pay the amount of Php 24,000.00 per month. Copy of
the demand letter personally served to the defendants is hereto attached as Annex “D”
hereof;
7. That despite repeated demands orally and in writing, defendants refused
and continuously failing to vacate the said premises and pay the amount of Php
180,000.00 as compensation for the reasonable use of the subject premises to the damage
and prejudice of herein plaintiff;
8. That as a result of the unwarranted and unjustifiable refusal of the
defendant to vacate the aforesaid premises and to pay reasonable compensation for the
use of the same, plaintiff suffered sleepless nights, serious anxiety in which he should be
awarded the amount of Php 150,000.00 as moral damages, and to set an example to the
public, plaintiff should be awarded exemplary damages in the amount of Php 100,000.00.

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


Honorable Court that, after hearing, judgment be rendered as follows:

1. Ordering the defendant, and all persons claiming right under them to vacate the
subject premises/portion of the lot;
2. Ordering the defendant to pay the amount of Php 24,000.00 per month as
compensation for the reasonable use of the subject portion of the lot/premises
until they finally vacate the said premises;
3. Ordering the defendant to pay the plaintiff the amount of Php 150,000.00 as
moral damages, and Php 100,000.00 as exemplary damages;
4. Ordering the defendant to pay the cost of the suit.

Plaintiff likewise prays for such other reliefs that are deemed just and equitable
under the premises.

Kalibo, Aklan November 21, 2017

DEL ROSARIO LAW OFFICE


Counsel for the Plaintiff
417 Magdalena Village, New Buswang, Kalibo,
Aklan

By:

ATTY. CLEMENT M. DEL ROSARIO


IBP No.: 9941014/10-14-17
PTR No.: 101494/03-24-17/Klo.
Roll No.: 81448
MCLE Comp. No.: V692824 4-08-2017
Tel. No: 268 77 01
Email: mentdelrosario@gmail.com
VERIFICATION

REPUBLIC OF THE PHILIPPINES )


PROVINCE OF AKLAN ) S.S

I, ROGER F. FEDERER, of legal age, Filipino citizen, married, and resident of


Kalibo, Aklan, after having been sworn, in accordance with law, hereby depose and state
that:

1. I am the Plaintiff in the above-captioned case.

2. I have read and understood the contents hereof of this Complaint, and the facts
herein alleged are true and correct of my own knowledge and based on available
verifiable records;

3. I heretofore have not commenced any other action or proceeding or any claim
involving the same issues raise in the above-captioned case, in this Honorable Supreme
Court, in the Court of Appeals, nor the different Divisions thereof, nor in any other court
or tribunal or agency and, to the best of my knowledge, no such other action or claim is
pending therein.

4. I hereby undertake to notify this Honorable Court of such fact within five (5)
days from receipt of such knowledge, should I come to learn that the same or a similar
action or claim has been filed or pending in the Supreme Court, Court of Appeals, the
different Divisions thereof, or any other court or tribunal or agency;

5. I am executing this sworn statement in compliance with Section 5, Rule 7 of the


1997 Rules of Court.

ROGER F. FEDERER
Affiant

SUBSCRIBED and SWORN TO before me this 14th day of November 2017 at


Iloilo, City Philippines, affiant exhibiting to me his TIN Card ID No. 000-143-696-888
issued by the Bureau Internal Revenue, as competent evidence of his identity, and he
personally acknowledged to me that the foregoing “Complaint” is his free and voluntary
act and deed. Machine copy of this TIN Card ID is hereto attached.

ATTY. NOTHAR Y. DELA ROSA


Notary Public
PTR No. 1234567, Iloilo City, 1/23/17
IBP OR No. 654321, Iloilo City, 2/18/17
Attorney’s Roll No. 65732
MCLE Compliance Certificate
No. IV – 0025415, Iloilo City, 3/4/17
ANNEX A
ANNEX B
ANNEX C
DEED OF SALE

KNOWN ALL MEN BY THESE PRESENTS:

I, Andy Murray, Filipino, married to Maria Sharapova, of legal age, with residence and
post-office address at #1013 Bakhawan Residence, Bacan, Aklan for and in
consideration of the sum of One million five hundred thousand PESOS (P1,500,000.00) ,
Philippine currency, to me in hand paid by

ROGER F. FEDERER

Filipino, of legal age, with residence and post-office address at #800 Oyo Torong Avenue,
Kalibo, Aklan;

do hereby SELL, absolutely and unconditionally, together with the buildings,


improvements thereon, situated in Kalibo, Aklan , of which I am the registered owner in
fee simple in accordance with the Land Registration Act, my title thereto being evidenced
by Transfer (or Original) Certificate of Title No. 116888, issued by the Register Deeds of
Kalibo.
It is hereby mutually agreed that the vendee shall bear all the expenses for the
execution and registration of this deed of sale.

IN WITNESS WHEREOF, I have hereunto signed this deed of sale, this


15th day of May, 2017, at Kalibo, Aklan Philippines.

_________________
Andy Murray

With my consent:

_________________
Maria Sharapova
ANNEX D

June 2, 2017

FORMAL DEMAND TO VACATE

Dear Rafael U. Nadal:

I am writing you this letter in connection to vacate the land, registered under TCT
No.T-116888, located at No. 96 Osmena Avenue, Capitol Site, Estancia, Kalibo, Aklan
that you are occupying. I am the new registered owner of the said land and; in this regard,
legal demand is hereby being made for you to vacate the lot within fifteen (15)
days from receipt of this letter. Otherwise, I will have to avail of the appropriate legal
remedy in order to protect my rights and interest.

Very truly yours,

Roger F. Federer