Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Taguig, Branch 1

Mr, Pedro N. De Juan, plaintiff Civil Case No. 2

Accompanied by his Attorney –in – fact, Damages
Atty. Pat P. Monte

-versus-

Mr. Johny D. Cruz, Defendant

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

COMPLAINT

COMES NOW, the plaintiff together with the undersigned counsel to this
most honorable court, MOST RESPECTFULLY STATES THAT;

1. The Plaintiff is of legal age, married and a resident of B12 L45, Upper Bicutan,
Taguig City. The Defendant is likewise of legal age, married and temporary residing at
Petersville Subdivision, Pasig City.

2. The Plaintiff is the lessee of a food cart space, at Rizal Medical Center, residential
address at B12 L45, Upper Bicutan, Taguig City, as evidenced by pertinent documents
like tax declaration and deed of sale. ( EXHIBIT “A” )

3. The Defendant is the operator of the Food court and the space rented by the
Plaintiff as evidenced by the written contract of lease that both parties signed. (Exhibit
“B”)

4. The Plaintiff and the Defendant came up with a written Agreement of Lease on
January 15, 2018, which they both agreed upon and was duly signed by the two parties
as shown in their contract of lease. (Exhibit “B”)

5. Item No. 16 of the contract which the plaintiff and defendant signed expressly
provides that he will be occupying the space for one (1) year, after which, the plaintiff may
opt to renew the contract with the defendant for another year. (Exhibit “B”)

6. On January 15, 2019, the plaintiff and the defendant agreed for the renewal of the
said lease contract, however, a written contract was not signed because the defendant
always reasoned it was ok and he is busy at the moment.

7. On January 16, 2019, the defendant called the plaintiff and demanded for the 12
post-dated check as guarantee for the monthly rents for the year 2019, a receipt of the
said checks was issued by the defendant on the same day. (Exhibit “C”)

8. On March 15, 2019, the defendant told tenants (including the plaintiff) of the Food
Court of their plan to renovate the place and that they need to temporarily pack their
equipment until the renovation is finished.

9. On April 1, 2019, the renovation started and was completed on April 30, 2019,
however, the defended called the plaintiff that they can not return just yet because the
defendant needs check the work of the contractor and promised to inform when they can
start operating again.

10. On May 15, 2019 the plaintiff called the defendant to inquire on the update, but the
plaintiff did not answer his calls and never replied to his messages.

11. On June 1, 2019, the plaintiff went to the Food Court at Rizal Medical Center to
check personally and hope to talk to the defendant and discovered that the Food Court is
already operating and all the other tenants are back but his Food Cart space is now
operated by the defendant through his workers. He tried to contact the defendant but the
latter never replied to his messages.

12. The defendant experienced sleepless nights because of that, and as a result he
was hospitalized for 2 weeks and incurred hospital bills amounting to Five Hundred
Thousand pesos (PHP 500,000) as evidenced by receipts.

13. The defendant also lost possible income from the Food Cart, amounting to One
Million (PHP1,000,000), based on his previous sales records.

PRAYER

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

Honorable Court that judgement be rendered in favor of the plaintiff and that after
judgement;

a. The defendant shall honor their agreement and let the plaintiff continue in the
operation of the said Food Cart space.
b. The defendant shall be ordered to pay P 500,000 for the hospital bills plus
P1,000,000 for the lost income.
c. The defendant shall be ordered pay P300.00 for Moral damages.
d. The defendant shall be ordered pay P120,000 for attorney’s fees.

Such other reliefs and remedies under the premises are likewise prayed for.

Tagui City, Philippines, this 24th day of September 2020.

Pat P. Monte
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: Manila
Rm. 4 2/F New Building Center
180 Middle Bicutan, Taguig City
 VERIFICATION AND CERTIFICATION

I, Mr. Pedro N. De Juan, of Legal age, married, Filipino Citizen and a resident B12 L45,
Upper Bicutan, Taguig City after being sworn according to law, hereby depose and state
that;

1. I am a 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.

Pedro N. De Juan
Complainant

In witness thereof, I, Mr. Pat P. Monte, counsel of the plaintiff, have herunto set my
hand this 24th of September, 2020 at Taguig City.

Pat P. Monte
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: Manila
Rm. 4 2/F New Building Center
180 Middle Bicutan, Taguig City