REPUBLIC OF THE PHILIPPINES

THIRD JUDICIAL REGION

MUNICIPAL TRIAL COURT OF
ANGELES CITY

JOSE SANTOS CIVIL CASE NO: 1234567

Plaintiff, FOR: EJECTMENT

- versus -

JUAN DELA CRUZ

Defendant.

x---------------------------------------x

COMPLAINT

Plaintiff, through the undersigned counsel and unto this Honorable

Court respectfully alleges that:

1. The plaintiff is of legal age, single, Filipino citizen and a resident of

123 Magiting Street, Barangay Salapungan, Angeles City, where he
may be served notices and other court processes;

2. The defendant is also of legal age, single, Filipino Citizen and a

resident of 34 Magulang Street, Barangay Balibago, Angeles City;

3. The plaintiff is the owner and Lessor of the leased premises - a two-
storey apartment unit located at Unit A JBL Building, McArthur
Highway, Salapungan, Angeles City, as shown in TCT No. 23245,
attached herein as ANNEX “A”;

4. The defendant is the lessee of the house unit that is owned by the
plaintiff as evidenced by the written contract of lease that both parties
signed on January 1, 2019, and said contract is attached herein as
ANNEX “B”;

5. As stated in Section 2 of the Contract, the lease shall be for a period of

one (1) year or twelve (12) months, from January 1, 2019 to December
31, 2019.

6. Under Section 3 of the Contract, the monthly rental payment is Ten

Thousand Pesos (₱10,000.00) and shall be made every 1st day of the
month;

7. The defendant has no unpaid rent. However, the defendant refused to

vacate the premises upon the termination of the agreement on
December 31, 2019;

1" of 4"
8. Upon failure of the defendant to vacate, the plaintiff sent on January 5,
2020 a Letter demanding the defendant to vacate the leased property,
attached herein as ANNEX “C”;

9. The written demand was duly received by the defendant who affixed
his signature thereon. The plaintiff made an oral follow-up demand on
January 6, 2020;

10. Despite several oral and written demands by the plaintiff, the defendant
failed to vacate the leased premises;

11. The plaintiff was constrained to file an action with the Lupong
Tagapamayapa of Barangay Salapungan, Angeles City on January 7,
2020;

12. As stated in the Certification to File Action, attached as ANNEX “D”,

issued by the said Lupon on January 13, 2020, conciliation was set on
January 10, 2020. However, it was only the plaintiff who appeared in
the conference, thus, no settlement was reached;

13. The defendant’s refusal to vacate the premises of the subject property
has deprived plaintiff to hold possession and beneficial use of the
property for which plaintiff has incurred damages for rentals he should
have earned;

14. Due to the defendant’s malicious and wanton refusal to vacate the
property in suit and failure to appear in the conciliation proceedings
before the Barangay’s Lupon, plaintiff was constrained to hire the
services of a lawyer to protect his rights and interests for a fee of Fifty
Thousand Pesos (₱50,000.00) for which defendant should be made
answerable to plaintiff.

PRAYER

WHEREFORE, WITH ALL THE FOREGOING, it is respectfully

prayed unto this Honorable Court that judgment be rendered in favor of the
plaintiff and to:

1. Order the defendant to vacate the subject property;

2. Order the defendant to pay the plaintiff the amount of TEN

THOUSAND PESOS (₱10,000.00) as reasonable rent for each
month the defendant occupies the premises until he finally
vacates such; and

3. Order the defendant to pay plaintiff the amount of FIFTY

THOUSAND PSESOS (₱50,000.00) as attorney's fees.

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

2" of 4"
 IN WITNESS WHEREOF, I have hereunto affixed my signature this
3rd day of April 2020, at Angeles City, Pampanga, Philippines.

Iris Galecio
IRIS GALECIO
Counsel for the Plaintiff
Roll of Attorney No: 88888
PTR No: 12345678 / 1-8-2020
IBP No: 87654321 / 1-8-2020
MCLE Comp. No.: III-0011223

209 AUF PS Building, Salapungan

Angeles City

VERIFICATION AND CERTIFICATION

I, JOSE SANTOS, of Legal age, single, Filipino Citizen and a

resident of 123 Magiting Street, Salapungan, Angeles City, after being sworn
according to law, hereby depose and state that;

1. I am the plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are
true and correct of my personal knowledge and/or on the basis of
copies of documents and records in my possession;

4. I have not commenced any other action or proceeding involving

the same issues in the Supreme Court, the Court of Appeals, or
any other tribunal or agency;

5. 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;

6. 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 (5) days therefrom to this Honorable Court.

J.Santos
JOSE SANTOS
Affiant

3" of 4"
 SUBSCRIBED AND SWORN to before me this 3rd day of April
2020 at Angeles City, Pampanga, Philippines, affiant exhibiting to me his
Driver’s License No. 12345 issued by the Land Transportation Office in
Angeles City on October 20, 2019.

SM
SAMANTHA MORALES
Notary Public of Angeles City
Until December 31, 2020
Roll of Attorney No: 88888
PTR No: 12345678 / 1-8-2020
IBP No: 876543 / 1-8-2020
MCLE Compliance No.: III-0011223

Doc. No. 18;

Page No. 2;
Book No. 1;
Series of 2020.

4" of 4"