Republic of the Philippines
NATIONAL CAPITAL JUDICIAL REGION
METROPLITAN COURT IN CITIES
Pasay City Branch 123
ADVANCED FOUNDATION
CONSTRUCTION SYSTEMS
CORPORATION (AFCSC)
Represented by SUZETTE R
ESMA,
Plaintiff Civil Case No. 1234
For: UNLAWFUL DETAINER
-versus-
GIANNI MODICA,
Defendant
X---------------------------------------------X
COMPLAINT
WITH ALL DUE RESPECT TO THE HONORABLE COURT.
PLAINTIFF, respectfully files this Complaint and in support, avers
the following:
1. Plaintiff, represented by, Suzette R. Esma, is a corporation
organized and existing under Philippines law situated at Unit 12-B,
12th floor, Petron Megaplaza Building, Makati City;
2. Defendant, of legal age, a resident alien of Unit 604, Somerset
Tower 1, Leveriza Street, Pasay City, where summons may be
served;
3. Plaintiff, owner of Condominium Unit 604 Somerset Tower 1 at
Leveriza Street, Pasay City.
4. The Certificate of Title of the property is attached and made an
integral part as Annex “A”;
Page 1 of 5
5. On October 30, 2007, defendant, entered a Contract of Lease with
AFCSC and renewed from May 10, 2011 to November 9, 2011;
6. Defendant incurred unpaid rentals of Php 105,000.00 based on the
First and Second Contract of Lease and demand letter was sent
dated 8 June 2008;
7. Defendant promised to pay his unpaid rentals that caused the
plaintiff to renew the contract for the third time;
8. Plaintiff sent a Demand to Vacate, attached as Annex “B”, and Pay
Rentals on July 18, 2013 but no avail;
9. Defendant, still stayed in the condominium and refused to vacate
despite breach of contract and demand;
10.Thus, Plaintiff was deprived of possession and use of the property
since May 2011 to July 2013;
11. Defendant have no right over the property which became
unlawful;
12.Defendant must be assessed reasonable rent from the time their
possession became unlawful until he is removed from the
premises;
13. Defendant should be assessed of moral and exemplary damages.
PRAYER
WHEREFORE, premises considered, respectfully prayed of the Honorable
Court to find in favor of the Plaintiff and that Judgment be rendered as
follows:
1. Awarding or restoring to the Plaintiff possession over the subject
property;
2. Removing the defendant from the subject property; and
3. Ordering defendant to pay the following:
a. Reasonable rent for the months that he unlawfully possessed
or stayed on the property;
b. Moral damages in the amount of Php 50,000.00; and
Page 2 of 5
c. Exemplary damages in the amount of Php 50,000.00.
Other relief and remedies, just and equitable under the premises, are likewise
prayed for.
Respectfully submitted this 1st day of August, 2013 at Pasay City, Metro
Manila, Philippines.
ATTY. DARWIN HULIPAS
Counsel for Plaintiff
Roll No. 12345
IBP No. 54321
MCLE Comp. No. III-111-123
ATTY. JAMES ANDREW PATACSIL
Counsel for Plaintiff
Roll No. 12346
IBP No. 64321
MCLE Comp. No. IV-111-321
ATTY. MANUEL REY LITTAUA II
Counsel for Plaintiff
Roll No. 12347
IBP No. 74321
MCLE Comp. No. IV-111-456
Page 3 of 5
REPUBLIC OF THE PHILIPPINES )
DONE IN PASAY CITY, PHILIPPINES ) S.S.
VERIFICATION AND
CERTIFICATION OF NON-FORUM SHOPPING
I, SUZETTE R. ESMA, authorized representative of Advanced
Foundation Construction Systems Corporation, of legal age, Filipino
Citizen, with office address at Unit 12-B, 12th floor, Petron Megaplaza
Building, Makati City, hereby declare under oath that:
1. I am the Plaintiff representing Advanced Foundation Construction
Systems Corporation in the case;
2. I have caused the preparation of the Complaint for Unlawful
Detainer;
3. I have read and understood the same;
4. The allegations contained are true and correct based on my
personal knowledge and on authentic records;
5. I have not commenced other action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or any
other tribunal or agency;
6. 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; and
7. 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 days to this Honorable Court.
IN WITNESS WHEREOF, I affix my name and signature at Pasay City,
Philippines, this 1st day of August, 2013.
SUZETTE R. ESMA
Plaintiff
Page 4 of 5
SUBSCRIBED AND SWORN to before me at Pasay City this 1st day
of August, 2013.
ATTY. DARYL G MACAGBA
Macagba Law Office
Roll No. 12348
IBP No. 84321
MCLE Comp. No. IV-111-654
Page 5 of 5
