REPUBLIC OF THE PHILIPPINES

FOURTH JUDICIAL REGION

MUNICIPAL TRIAL COURT
BRANCH ____
ROSARIO, BATANGAS

SPS. MARIO GONZALES and

MARIETTA GONZALES,
Plaintiff,

-versus- Civil Case No: ____________

For: Unlawful detainer

ANGELICA DE LEON,
Defendants.
x-------------------------------------------------x

COMPLAINT

COMES NOW Plaintiffs, spouses Mario and Marietta Gonzales,

through undersigned counsel and unto this Honorable Court, most
respectfully states that;

1. Plaintiffs Mario and Marietta Gonzales are spouses, of legal age,

Filipinos and currently residing at L. Macatangay St., Barangay
D (Poblacion), Rosario, Batangas;

2. Defendant Angelica De Leon is single, of legal age, Filipino, and

currently an occupant at L. Macatangay St., Barangay D
(Poblacion), Rosario, Batangas where she may be served with
summons and other processes of this Honorable Court;

3. The plaintiffs are the registered and absolute owners of a house

and lot located at L. Macatangay St., Barangay D (Poblacion),
Rosario, Batangas covered by Transfer Certificate of Title No.
 xxx. Located in said property is an Apartment unit having three
(3) studio-type rooms;

4. Sometime in 2015, defendant came to the residence of plaintiff-

spouses inquiring for a place to stay. She introduced herself and
mentioned that she originated from Lucban, Quezon. When
asked of the reason as to why she is looking for a place to stay
in Rosario, Batangas, she mentioned that she was hired as a
saleslady in the newly opened department store in the town
proper of said municipality. Considering the distance from
Lucban to Rosario, she said that she had no choice but to find a
temporary shelter;

5. The parties agreed and executed a simple agreement on the 15 th

of September 2015. This agreement is hereby attached and
made an integral part of this complaint as Annex “A”. The
agreement provides that the lease will be for six (6) months. The
said term may be extended upon notice to the plaintiff-spouses
prior the expiration of the said six (6) months. The monthly rent
amounts to two thousand pesos (P 2, 000) inclusive of the other
expenses and defendant is required to pay one-month advance
and one-month deposit to which defendant heeded. The
agreement further provides that the lessee is not allowed to
bring any visitors beyond 9:00 in the evening nor to produce
any unnecessary noise from such time onwards and that the
allowed number of visitors is two (2) especially if they will be
sleeping over;

6. Defendant has been faithful in her obligations and before the

term expires, she notified plaintiff-spouses of her desire to
extend her rent. They executed a new agreement on the 1st day
of March 2016 and provided therein the very same stipulations
 and only changed the term from six (6) months to one (1) year,
particularly from March 1, 2016 to March 1, 2017;

7. Defendant continues to be diligent in her obligations as lessee.

However, beginning sometime in October, defendant started
bringing visitors exceeding to the number allowed in the
agreement. They would also go on drinking spree beyond 9:00 in
the evening. Sometime in December, plaintiff-spouses noticed
that defendant does not go back often. She was not able to pay
her rent for December;

8. On the morning of February 1, 2017, Marietta approached

defendant before she goes for work. Marietta informed her that
the advance and deposit she has paid were already applied for
the months of December and January as she was not able to
pay. Defendant angrily responded to her that she is already late
and to talk to her some other time. She did not come home to
the apartment that night;

9. Since it became harder for the plaintiff-spouses to meet her

because there are times that she does not come home at the
apartment unit or she would come very late and go very early
and because the lease has come to its expiration already, they
sent her letters of demand. The letters were sent at her unit and
at her workplace. However, a co-employee of the defendant,
Gina Reyes, mentioned that she has been dismissed from work
since October and she has been relying on some friends in
retailing which to her personal knowledge has not been
successful yet. The sworn statement of Gina Reyes is hereby
attached and is made an integral part of this complaint as
Annex “B”;
 10. On May 20, 2017, defendant was finally confronted by
plaintiff-spouses. Defendant pleaded for an extension as she is
still looking for another job in Rosario and in Lipa. The plaintiff-
spouses did not agree and told her that they had turned down
two customers already because they have not settled their issue
with her yet. Moreover, plaintiff-spouses noticed that the unit
where defendant has been staying has lots of damages already
which she said she only forgot to tell. She begged for them to let
her stay until she finds a new job because she does not have
enough money to spend going back to Lucban;

11. Plaintiff-spouses insisted to give her money as transport

fare but she declined and said that she does not want to face
her family without anything to treat them with. Plaintiff-spouses
told her they are money-constrained as well and they need to
use all of their unit to receive income. Despite repeated
demands to vacate, she refused to leave the premises and even
made use of her friends to guard the unit to prevent the
plaintiff-spouses from doing anything with said unit especially
when they were supposed to remove all of her things thereat;

12. As stated in the preceding paragraphs, from the very

beginning, the possession by the defendant of the premises was
lawful that became subsequently unlawful upon expiration of
the period provided by the parties’ agreement after the
defendant was demanded to vacate the premises;

PRAYER
WHEREFORE, in view of the foregoing, it is respectfully prayed
of this Honorable Court that, after proper proceedings, judgment be
rendered in favor of the plaintiffs as follows;
 1) ORDERING the ejectment of the defendant and to vacate the
premises PERMANENTLY in order to restore the rightful
possession of the premises to the the plaintiffs:

2) ORDERING the defendant to pay the plaintiffs the reasonable

amount for the use and occupation of the premises, which
amount must be at least EIGHT THOUSAND PESOS
(P8,000.00) per month starting from the month of last
demand in February 2017 until the defendant’s eventual
ejectment from the premises;

3) Other reliefs, just and equitable, under the circumstances

are likewise prayed of this Honorable Court.

Rosario, Batangas, June 3, 2017.

ATTY. MARIA ACONTE

Counsel for the Plaintiff
PTR No. 18909595:1-04-07:B.C.
IBP No, 693095:1-04-07:B.C.
Roll No. 42481:5-10-97:
Gualberto Ave. Poblacion A,
Rosario, Batangas
REPUBLIC OF THE PHILIPPINES)
MUNICIPALITY OF ROSARIO )S.S.
PROVINCE OF BATANGAS )

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

We, Mario and Marietta Gonzales, of legal age, after having

been duly sworn in accordance with law, depose and state that:
1. We are the plaintiffs in the above-stated case;
2. We caused the preparation of the foregoing complaint;
3. We 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. We 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 our 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 we 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,
we undertake to report that fact within five (5) days
therefrom to this Honorable Court.

Mario Gonzales Marietta Gonzales

Affiant Affiant
 SUBSCRIBED AND SWORN to before me this 3rd day of June,
2020 at Rosario, Batangas affiant exhibiting to me her Driver’s
License with No.DOJ-01-0087.
Doc. No. ; ATTY. MARIA ACONTE
Page No. ; Counsel for the Plaintiff
Book No. ; PTR No. 18909595:1-04-07:B.C.
Series of 20__. IBP No, 693095:1-04-07:B.C.
Roll No. 42481:5-10-97:
Gualberto Ave. Poblacion A,
Rosario, Batangas