REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURTS

First Judicial Region
Branch _________
Baguio City

NELIA ESPINO URBINA Civil Case No. 14189

Plaintiff, For: Unlawful Detainer

--versus--

ASUNCION MIRANDA a.k.a.

LETTY MIRANDA,
Defendant.

X------------------------------X

COMPLAINT

WITH ALL DUE RESPECT, the Plaintiff, NELIA ESPINO URBINA,

unto the Honorable Court, avers:

1. The Plaintiff, NELIA ESPINO URBINA, is of legal age, Filipino,

married, and with residence and postal address at No. 25 Lualhati Barangay,
Baguio City. She may be served with Summons and other court processes
through the undersigned counsel;

2. The Defendant, ASUNCION MIRANDA a.k.a. LETTY MIRANDA,

is of legal age, Filipino, married and with residence and postal address at No.
25 Lualhati Barangay, Baguio City where she may be served with summons
and other court processes;
3. Plaintiff is the lessor of the property while Defendant is the lessee;
4. The plaintiff is the absolute owner of a parcel of land which she
purchased from the National Housing Authority located at No. Lualhati
Barangay, Baguio City, covered by TCT 081-2010001109 of the Register of
Deeds Baguio City. Herein attached is the copy of the Owner’s Duplicate
Copy of TCT 081-2010001109 marked as Annex “A to A-3” and the
Certification of full payment issued by the National Housing Authority to the
Plaintiff marked as Annex “B”;

5. The Plaintiff started paying for the said parcel of land since 2005 and
was able to complete her payment on 2014 as evidenced by the Beneficiary
Account Ledger issued by the National Housing Authority, a copy of the
Beneficiary Account Ledger is herein attached as Annex “C to C-6”;

6. The Defendant is the wife of Jamie Miranda. Jamie Miranda rented the
property of the Plaintiff in 2001 through the Plaintiff’s father, Juanito Espino;

7. The rent was SIX HUNDRED PESOS (Php600) per month and there
was no written contract of lease;

8. On June 25, 2001, the Plaintiff’s father obtained a loan from Jamie
Miranda amounting to Twenty Thousand Pesos (Php20,000.00);

9. As collateral, Jamie Miranda and Juanito Espino entered into a

Conditional Deed of Sale on June 25, 2001. Juanito Espino also reduced the
rent of Jamie Miranda from Php600.00 to Php250.00 as additional payment
to the loan;

10. Juanito Espino was able to pay his debt and the monthly rent of
Php600.00 was resumed. As proof that the loan was fully paid, Juanito Espino
and Jamie Miranda both died without executing any Absolute Deed of Sale;

11. Since 2005 up to the present, Defendant continued to occupy the

leased premises but refused to pay rent despite repeated verbal demands from
the Plaintiff;

12. For 13 years and 10 months since the death of Juanito Espino in 2005,
the incurred unpaid rent of the heirs of Jamie Miranda amounted to Ninety-
nine Thousand Pesos (Php99,000.00);
13. On December 04, 2017, Plaintiff sent Defendant a Demand Letter to
Vacate the premises. The said Demand Letter was sent through LBC. The
Demand Letter is herein attached as Annex “D” and the LBC Receipt is herein
attached as Annex “E”;

14. Despite receipt of defendant of the Demand Letter to Vacate,

Defendant refused to vacate the premises;

15. Plaintiff brought the matter before the Barangay for Mediation. On
February 06, 2018, Defendant obtained a Certificate to File Action dated
February 06, 2018 from Barangay Lualhati. Herein attached is a copy of the
Certification from the Barangay marked as Annex “F” and the Certification
that the Defendant and “Asuncion Fontanilla Miranda” is one and the same
person as Annex “G”;

16. On March 05, 2018, the Plaintiff sent a Notarized Notice of

Cancellation of Agreement and Cancellation of Agreements both dated
March 05, 2018 rescinding the past agreements including the alleged
Conditional Deed of Sale between Jamie Miranda and Juanito Espino, copies
of the documents are herein attached as Annex “H” and “I”. The LBC Receipt
is herein attached as Annex “J”;

17. Defendant refused to vacate the premises despite receipt of the

Notarized Notice of Cancellation of Agreement dated March 05, 2018;

18. Defendant’s possession is now illegal after receiving the Demand Letter
to Vacate dated December 04, 2017 because of the termination of the right to
possess and failure to heed the demand;

19. Due to the failure of the Defendant to vacate the premises, the Plaintiff
was constrained to retain the services of the counsel, herein attached is the
copy of the Retainer Agreement marked as Annex “K”;

20. The Complaint was filed within one (1) year from the last demand on
the Defendant to vacate the premises;

21. That since 2005, the Defendant failed to pay rent amounting to Ninety-
nine Thousand Pesos (Php99,000.00);
22. To aid and assist the Plaintiff in evicting the Defendant and all persons
claiming right under her and recovering possession over the property,
Plaintiff obtained the services of the undersigned counsel for P70,000.00 as
acceptance fee and P2,000.00 for appearance fees, exclusive of filing fees as
liquidated damages;

23. As a result of the unwarranted and unjustified refusal of the Defendant

to vacate the property, Plaintiff suffered sleepless nights, serious anxiety in
which he should be awarded the amount of P20,000.00.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed unto

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

a) Ordering the Defendant, and all persons claiming right under her to vacate
the subject premises or portion of the property;

b) Ordering the Defendant to pay Ninety-Nine Thousand and Six Hundred

Pesos (Php99,600.00) for her unpaid rent since 2005;

c) Ordering the Defendant to pay unto the Plaintiff the sum of Seventy
Thousand Pesos (Php70,000.00) as acceptance and for Attorney’s fees and
P2,000.00 appearance fees;

d) Ordering the Defendant to pay the Plaintiff Twenty Thousand Pesos

(P20,000.00) as moral damages; and

e) Ordering the Defendant to pay the cost of the suit;

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

Baguio City, Philippines. November 19, 2018.

For the Plaintiff: