Complaint----Page 1 of 4

Republic of the Philippines

8TH Judicial Region
Municipal Trial Court in Cities
Branch_____
Tacloban City

Kuzco Llama
Plaintiff, CIVIL CASE No. _______________
FOR: UNLAWFUL DETAINER
with CLAIM for DAMAGES
-versus-

Pacha Macabenta
Defendant.
x-------------------------------------------------x

COMPLAINT

COMES NOW, the Plaintiff, through the undersigned counsel unto this
Honorable Court, respectfully avers that:

1. Plaintiff is of legal age, Filipino, and a resident of Brgy. 62-B, Ezma

Village, Tacloban City, where he could be served with summonses and
orders of this Honorable Court;

2. Defendant is also of legal age and residing at Brgy. 62-B, Ezma Village,
Tacloban City, where he could be served with summonses and other
orders of the Honorable Court;

3. Both parties have the capacity to sue and be sued;

4. The plaintiff is the owner of a land over which an apartment had been
constructed located Blk. 4, Lt.14,Phase 2, Bliss, Tacloban City;

5. By virtue of a contract of lease, the plaintiff leased unto the defendant the
aforesaid apartment for a consideration of P5,000.00 a month as rental to
be paid within the first ten (10) days of each month starting September
21,2016;
6. The defendant failed to pay the agreed rental for several months starting
February 19, 2018 up to the present;
 Complaint----Page 2 of 4

FIRST CAUSE OF ACTION

7. Plaintiff and Defendant were brought before the Lupong Tagapamayapa

of Brgy. 62-B, Ezra Village, Tacloban City for purposes of amicable
settlement with respect to the property but no settlement was reached;

8. Another conciliation meeting was held but no settlement was made and
a CERTIFICATION TO FILE ACTION dated May 1, 2018 was issued
to herein plaintiff, a copy of the same certification is hereto attached as
ANNEX “B” and made an integral part hereof;

9. On July 18, 2018, a demand letter was sent to the defendant through
registered mail requesting him to peacefully vacate the property within
FIFTEEN (15) DAYS from receipt thereof, but defendant is still
occupying the property against the will of the real owner. It follows that
from the time demand was formally made on him to vacate the property,
defendant no longer had the lawful right to occupy and possess the
property subject of this controversy. A Copy of the DEMAND LETTER
and RETURN CARD SLIP are hereto attached as ANNEX “C” and “D”
respectively and made an integral part hereof;

SECOND CAUSE OF ACTION

10. Due to the defendant’s failure and refusal to peacefully vacate the
property and surrender possession thereof to the plaintiff, plaintiff was
compelled to file this suit and incurred the following expenses:

I. ATTORNEY’S FEES
a. ACCEPTANCE FEE 30,000.00
b. APPEARANCE FEE 3,500.0 per appearance
c. PLEADING CHARGES 1, 500.00 per pleading
SUB-TOTAL 35,000.00

II.LITIGATION COST 50,000.00

11. By reason of the evident bad faith of the defendant in refusing to vacate
the property, the plaintiff had suffered mental anguish, wounded feelings
and sleepless nights which sufferings could translate to a pecuniary value
of FIFTY THOUSAND PESOS (PHP 50,000.00);

12. Because of the refusal of the defendants to vacate the property and
surrender possession thereof to the plaintiff and her co-heirs, the latter
were deprived of the lawful use of the property which resulted in a
pecuniary loss of ONE HUNDRED THOUSAND PESOS (PHP
100,000.00)
 Complaint----Page 3 of 4

13. To forestall the defendant from doing the same unjust acts unto the
plaintiff in particular and to the public in general, he should be made to
pay moral and exemplary damages of ONE HUNDRED THOUSAND
PESOS (PHP 100,000.00 )

PRAYER

WHEREFORE, PREMISES CONSIDERED, it is respectfully

prayed of this Honorable Court that after due consideration of the
pieces of evidence, judgment be rendered in favor of plaintiff:

1. declaring the defendant in unlawful possession of the

property subject of the controversy;
2. ordering the defendant to peacefully vacate the property
3. granting lawful occupancy and possession of the property
unto plaintiff;
4. ordering the defendant to reimburse plaintiff the attorney’s
fees and litigation costs;
5. ordering the defendant to pay FIFTY THOUSAND PESOS
(PHP 50,000.00) for the mental anguish, wounded feelings
and sleepless nights suffered by the plaintiff and her co-
heirs;
6. ordering the defendant to pay the lawful use of the property
which resulted in a pecuniary loss of ONE HUNDRED
THOUSAND PESOS (PHP 100,000.00);
7. ordering the defendant to pay moral and exemplary
damages of ONE HUNDRED THOUSAND PESOS (PHP
100,000.00)

All other remedies, just and equitable are also prayed for.
RESPECTFULLY SUBMITTED. Tacloban City. October 15, 2018

ATTY. Kronk Makaremedyo

I.DEAL Law Offices
Counsel for the Plaintiff
Calanipawan Road, Tacloban City
IBP No. 4321 /01-09-17/ Tacloban City
PTR No. 5678910/1-09-17/Tacloban City
MCLE No. I-0012345/ April 8, 2018
Roll of Atty.’s No. 59785, April 1, 2017
 Complaint----Page 4 of 4

VERIFICATION/CERTIFICATION OF FORUM SHOPPING

Republic of the Philippines )

City of Manila ) S.S.

I, Kuzco Llama, of legal age, Filipino citizen, single and resident of

Brgy. 62-B, Ezma Village, Tacloban City, after having been duly sworn to
in accord Nance with law do hereby depose and say:

1. That I am the plaintiff in the above-entitled case;

2. That I have caused the preparation of the foregoing complaint and have read
the allegations contained therein;
3. The allegations in the said complaint are true and correct of my own
knowledge and authentic records;
4. I hereby certify that I have not commenced any other action or proceeding
involving the same issues in any court, tribunal or quasi-judicial agency and,
to the best of my knowledge, no such other action or claim is pending
therein;
5. That if I should learn thereafter that a similar action or proceeding has been
filed or is pending, I hereby undertake to report that fact within five (5) days
therefrom to the court or agency where the original pleading and sworn
certification contemplated herein have been filed;
6. I executed this verification/certification to attest to the truth of the foregoing
facts and to comply with the provisions of Adm. Circular No. 04-94 of the
Honorable Supreme Court.
IN WITNESS WHEREOF, I have hereunto affixed my signature this
15th of October 2018, in Tacloban City, Leyte, Philippines

Kuzco Llama
Affiant

SUBSCRIBED AND SWORN to before me this day of October

15,2018 In Tacloban City, Leyte, Philippines, affiant exhibiting to me his
Driver’s License No. 12345-19 issued by the Land Transportation Office

Doc No. ________ ATTY. Kronk Makaremedyo

Page No. ________ Notary Public until December 31, 2019
Book No. _________ IBP No. 4321 /01-09-17/ Tacloban City
Series of 2019. PTR No. 5678910/1-09-17/Tacloban City
MCLE No. I-0012345/ April 8, 2018
Roll of Atty.’s No. 59785, April 1, 2017

(Submitted by: Vanessa P. Gerodias Law 4-A)