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Republic of the Philippines

National Capital Judicial Region
Municipal Trial Court
Branch ___

ADRIAN ESCOTO CANLAS,

Plaintiff,

-versus- Civil Case No. ___

For: Ejectment

MYLENE LAGAZON MARTIN,

Defendant,

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

COMPLAINT

COMES NOW, plaintiff by the undersigned counsel and unto this Honorable
Court, most respectfully states, that:

1. Plaintiff of legal age, married, and with residence address at Block 1 Lot 16& 17
Green Meadows, Marcelo Village while defendant is of legal age, married and a
resident of No. 1 Rosas Street, Vergonville Subdivision, Las Piñas City, where he
may be served with summons and other court process of this Honorable Court;

2. Plaintiff is the absolute owner of a real property situated at No.1 Rosas Street,
Vergonville Subdivision, Las Piñas City, which is the residence address of the
defendant. The above property is covered by Transfer Certificate Title No.
(54321) T-12345-A of the Registry of Deeds of Las Piñas City registered in the
name of Household Development Corporation. Copy of the Transfer Certificate of
Title is hereto attached and marked as Annex “A”;

3. That Household Development Corporation had previously executed a Deed of

Absolute Sale in favor of Plaintiff Adraian Escoto Canlas, copy of the Deed of
Absolute Sale is hereto attached as Annex “B” and is made integral part thereof;

4. Sometime 1998, conditional deed of sale was executed by between plaintiff and
defendant offered to sell and defendant offered to purchase the above described
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parcel of land in the amount of P951,000 computed at P3,000 per square meter
of the total area 317 sq meter; payable on installment at P15,000.00 of a month
for 64 months.

5. Of the total contract price of P951, 000.00 defendants was able to make
payments in the total amount of P361, 500.00 only leaving a balance of P651,
000.00 as of sometime year 2000, which was the last date of payment. No further
payments were made thereafter;

6. Sometime August 17, 2004, a demand letter to pay defendant’s outstanding

balance was sent to defendant but to no avail. Copy of the letter is hereto
attached as Annex “C” and is made integral part hereof. Defendant refused to
make payments and have to date not paid his outstanding balance of
P651,000.00 despite repeated demands both oral and in writing;

7. On December 13, 2007, plaintiff counsel sent another demand latter this time
rescinding the contract to sell and to vacate the premises within 10 days from
receipt of the said letter. The said latter was received by defendant thru his wife
Jenica Alexis Canlas. Copy of the letter demand to vacate and proof of receipt is
hereto attached and marked as Annex “D”;

8. Despite demands by plaintiff to vacate the premises, defendant refused and still
refuses to vacate the premises;

9. Due to unjustified refusal and failure of defendant to vacate the subject property,
plaintiff was constrained to engage the services of undersigned counsel for which
defendant should be ordered to pay attorney’s acceptance fees in the amount of
P50,000.00 and appearance fees of P2,500.00 for every court appearance;

10. As reasonable value for the use and continued occupation of the premises from
the date of filing of this complaint, defendant should likewise be ordered to pay
the sum of FIVE THOUSAND PESOS (P5, 000.00) a month up to the time he
finally vacate the premises.

11. Considering that the parties involved in this case are not residents of the same
barangay or adjacent barangays, referral to barangay conciliation is dispensed
with;

12. For the unjustified refusal of defendant in not vacating the premises, they should
be made liable to pay costs of the suit.
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PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court that judgment be rendered ordering defendants and all persons
claiming rights under them, to wit:

1. To vacate the subject premises and to surrender peaceful possession thereof

to plaintiff;

2. To pay the sum of P5,000.00 per month as a reasonable compensation for

the use of the property as reasonable value for the use of the premises;

3. To pay the sum of P50,000.00 as attorney’s fees and appearance fees of

P2,500.00;

4. To pay costs of suit.

Plaintiff prays for other remedies, just and equitable under the premises.
Las Piñas City, February 21,2008.

Atty. Edward Sanchez

Commission Serial No. 14786
Until December 31, 2018
Roll of Attorney 78956
IBP No. 547698/January 1, 2008/ Manila
P.T.R No. 546468/ January 1, 2018
Roll No. 2256

VERIFICATION AND CERTIFICATION

I, ADRIAN ESCOTO CANLAS, of legal age, under oath, states:

1. That I am the plaintiff in the foregoing case and that I have caused the
preparation of the above Complaint;

2. That I attest to the truth of all allegations in the same petition of my own personal
knowledge;
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3. That I hereby certify under oath that I have not heretofore commenced any other
action or proceeding involving the same issues in the Supreme Court, Court of
Appeals, or any other tribunal or agency, and that to the best of my knowledge,
there is no pending before this Honorable Court, Court of Appeals, Supreme
Court or any other tribunal or agency involving the same parties and the same
issues, and that if I learn hereafter that there are other proceedings pending
before this Honorable Court, or any other tribunal or agency, I hereby undertake
to report that fact within five (5) days therefrom to this Honorable Court.

ADRIAN ESCOTO CANLAS

Affiant

SUBSCRIBED and SWORN to before me this 21 st of February, 2008, affiant

exhibiting to me his Passport No. 123456 issued in Manila, Philippines.

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