(Complaint for Ejectment / Unlawful Detainer with Prayer for the Issuance of a Writ of

Preliminary Mandatory Injunction)

(CAPTION)

COMPLAINT

COMES NOW the Plaintiff, by undersigned counsel, and unto this Honorable Court, most

respectfully alleges that:

1. Plaintiff is of legal age, Filipino, (single / married / widow), and a resident of

_____________, Philippines. For purposes of this action, Plaintiff may be served with

copies of our notices and orders of the Honorable Court at the office address of the

undersigned counsel indicated below;

2. Defendant is also of legal age, Filipino, and for purposes of this action, he may be

served with summons and other processes of this Honorable Court at his residence and

post-office address at _____________, Philippines;

3. Plaintiff is the true and registered owner of a certain parcel of land situated in

_____________, Philippines, consisting of approximately _____________ (_____)

square meters, and identified as Lot ________ and covered by Transfer Certificate of

Title No. _____________ of the Registry of Deeds of _____________; Machine copy

of said Transfer Certificate of Title No. _____________ is attached hereto as ANNEX

"B";

4. That sometime in _____________, Defendant and his family began to be in possession

of the said property, not by virtue of any title or contract, but merely upon the Plaintiff's

tolerance, as he had no immediate need of the said property at that time;

5. That on _____________, Plaintiff demanded that Defendant vacate and return the

possession of the said parcel of land to the herein Plaintiff, but despite numerous

demands for him and his family to vacate, Defendant has remained in illegal

possession of the said land and, up to the present, still retain such possession. Machine

copy of the said demand letter is attached hereto as ANNEX "C";

6. While possession by tolerance is lawful, such possession becomes illegal upon demand

to vacate is made by the owner and the possessor by tolerance refuses to comply with

such demand (Prieto vs. Reyes, 14 SCRA 432; Yu vs. De Lara, 6 SCRA 786, 788;

Isidro vs. Court of Appeals, G.R. No. 105586, December 15, 1993);

7. A person who occupies the land of another at the latter's tolerance or permission,

without any contract between them, is necessarily bound by an implied promise that he

will vacate upon demand (Yu vs. De Lara, supra, cited in Sumulong vs. Court of

Appeals, G.R. No. 108817, May 10, 1994);

8. That the reasonable rental value of the said land is __________________________

(P___________) per month;

9. That due to the unjust refusal of the Defendant to vacate and to return the said land to

the Plaintiff, the latter was constrained to endorse the said matter to its legal counsel

for the filing of an appropriate action in court for a fee of P_____________ and the

amount of P__________ per court hearing;

10. That this action is being filed within a period of one (1) year from the demand on

Defendant to vacate the said property.

ALLEGATIONS IN SUPPORT OF THE PRAYER FOR ISSUANCE

OF A WRIT OF PRELIMINARY MANDATORY INJUNCTION
 11. Plaintiff repleads by reference all of the foregoing allegations as may be material and

relevant under this heading;

12. Defendant's continued illegal occupation of the said parcel of land and refusal to vacate

the same and to peacefully surrender possession thereof to herein Plaintiff is working

grave injustice and causing damage to the latter;

13. Plaintiff is entitled to the reliefs demanded, and the whole or part of such relief consists

in the immediate delivery and surrender by the defendants of possession of the land to

the Plaintiff;

14. 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 Defendant may

sustain by reason of said injunction if the court should finally decide that Plaintiff is

not entitled thereto.

PRAYER

WHEREFORE, it is most respectfully prayed that, after due hearing, judgment be

rendered in favor of the plaintiffs:

a) Ordering the Defendant, his family, successors, assigns and all persons acting under

him, to vacate Lot _____________ that is covered by Transfer Certificate of Title No.

_____________ of the Registry of Deeds for the Province of _____________ and to

peacefully turn over the possession thereof to the Plaintiff;

b) Ordering Defendant to pay Plaintiff monthly rental at the rate of P_____________ per

month from the time of the filing of this action to the time possession is returned to the

Plaintiff;
 c) Ordering Defendant to pay Attorney's Fees in the amount of P_____________ and

P___________ per court hearing and to pay cost of suit;

d) 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 all persons acting under him, to immediately vacate the said parcel of land

and return possession of the same to the Plaintiff.

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

Date _____________, Philippines, __Date__.

(COUNSEL)

(VERIFICATION)

(CERTIFICATION OF NON-FORUM SHOPPING

AFFIDAVIT OF MERIT

I, _____________, of legal age, Filipino, (single / married / widow), and a resident of

_____________, Philippines, after being sworn to in accordance with law, depose and state:

1. That I am the plaintiff in the above-captioned case filed against _____________ before
the Municipal Trial Court of _____________, Philippines;

2. That I am the true and registered owner of a certain parcel of land situated in
_____________, identified as Lot ________ and covered by Transfer Certificate of
Title No. _____________ of the Registry of Deeds for the Province of Negros
Occidental;

3. That since _____________, Defendant _____________ and his family began to be in

possession of the said property upon my mere tolerance, as I had no immediate need of
the said property at that time;

4. That sometime in _____________, I demanded from the Defendant that he and his
family vacate and return the possession of the said property, but despite numerous
 demands for him to vacate, the Defendant has remained in illegal possession of the
said land and, up to the present, still retain such possession;

5. That the reasonable rental value of the said land is __________________________

(P___________) per month;

6. That Defendant's continued illegal occupation of the property and refusal to vacate the
same and to peacefully surrender possession thereof is working grave injustice and
causing damage to the undersigned;

7. That I am entitled to the reliefs demanded in my complaint, and the whole or part of
such relief consists in the immediate delivery and surrender by the Defendant of
possession of the land to the undersigned;

8. That in the event that I am granted a writ of preliminary mandatory injunction, I am

ready, willing and able to post a bond to answer for all damages that the Defendant may
sustain by reason of said injunction if the court should finally decide that I am not
entitled thereto.

IN WITNESS WHEREOF, I have hereunto set my hand this _____________ in the

_____________, Philippines.

AFFIANT

(JURAT)