Republic of the Philippines

REGIONAL TRIAL COURT

11TH Judicial Region
Branch 3
Municipality of Nabunturan
Davao de Oro

_________________________,
Plaintiffs, Civil Case No.: ________

-versus-

_________________________, FOR:
Defendant,

ATTY. NIEL JOHN VILLARICO,

Intervenors.
x------------------------------------------------x

COMPLAINT-IN-INTERVENTION

COMES NOW, INTERVENORS, through the undersigned counsel, unto the

Honorable Court, respectfully states, THAT:

1. Intervenors, ATTY. NIEL JOHN VILLARICO, ATTY. LYNDON MELVI

SUMIOG, LUCILLE ARANETA, all are of legal age, Filipino, residents of
Liwayway, Tagum City, Binuangan Muncipality of Maco, Visayan Village
Tagum City, respectively, where they may be served with notices, orders and
other Court processes;

2. Plaintiffs may be served with notices and other processes of this Honorable
Court through its Counsel on record;

3. Likewise, Defendant may be served with notices and other processes of this
Honorable Court through its Counsel on record;

4. The above-mentioned Plaintiffs filed the above-entitled case against the

Defendant for:

a. _________________________________________;
xxx xxx xxx

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

5. The basic allegations of the Plaintiffs in the Complaint which are directly
and indirectly affects the right of the Intervenors are as follows:

a. That sometime on ___________________, Plaintiffs and Defendant

were
___________________________________________________________;

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 b. On ________, Plaintiffs were shocked and dismayed when upon the
date of expected pay-out, Defendant reneged its obligation to give the
promise or agreed amount which is four times of the given amount;
c. Thereafter, Defendant even after repeated demands to pay the
amount promise, still the latter did not or failed to pay the agreed
amount.

6. The Intervenors are among the members of the EVERARM Marketing, headed
by _______________, Nabunturan Branch, Davao de Oro. The Intervenors
made their pay-in on May 15, 2019, however, upon arrival of the expected pay-
out sometime on June 15, 2019, the Defendant did not or refused to pay the
amount promise or pay-out;

7. Thereafter, upon r refused to pay the Intervenors justifying that she received
notice from the Defendant, claiming that the latter is the new owner and that the
rentals shall be remitted to them. Herein attached is a copy of the above-
mentioned notice, marked as Annex “C”;

8. Defendant, up to the present, is exercising ownership over H-Mall including the

units therein, by employing security guards to guard the premises and collecting
rents from the Lessee of the different units including from the Intervenor’s
Lessee

9. The Intervenor has a legal interest in the matter in litigation, or in the success of
the complaint, or is so situated as to be adversely affects the right of the
Intervenors considering that H-Mall are one of the properties subject to this case
and the acts of the Defendant has intercede over the right of the Intervenors;

PRAYER

WHEREFORE, in view of the foregoing, Intervenors most respectfully prays to this

Honorable Court to order the:

1. INTERVENORS has a right over the ______________ City; and

2. DEFENDANTS to refrain from claiming rentals from the occupants of ________

City.

Other relief just and equitable under the premises are likewise prayed for.
Respectfully submitted this __________ at Cebu City, Philippines.

__________________
Roll No. ________
IBP OR. No. ________
MCLE Compliance No. ________
Counsel for Intervenors

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 CERTIFICATION AND VERIFICATION

Republic of the Philippines)

City of Cebu ) s.s.

We, ________ , both are married to each other, of legal age, Filipino and are
residing at ________City, after having been duly sworn to in accordance with law hereby
depose and state that:

1. We are the Intervenors in the above-entitled case and have caused the
preparation of the foregoing petition. We have read the same and the
allegations thereof are true and correct to the best of our personal
knowledge and based on authentic records;

2. We hereby certify that we have not commenced any other action or

proceeding involving the same matters or issues before the Supreme
Court, the Court of Appeals or any divisions thereof, or with any tribunal
or court; that should we thereafter learn that a similar action or proceeding
has been filed or is pending with the Supreme Court, the Court of Appeals
or any division thereof, or any tribunal or court, we undertake to report
such fact within five (5) days from knowledge thereof to the court where
this pleading is filed or pending.

IN WITNESS WHEREOF, we have hereunto set our hand this ________________ at

Cebu City, Philippines.

Affiant Affiant

SUBSCRIBED AND SWORN before me, this ___________________, at Cebu City,

Philippines affiants exhibited to me the above-mentioned identification cards bearing
their photo and signature as proof of their identity.

Notary Public

Copy furnished:

________

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________
________

EXPLANATION

Pursuant to Section 11, Rule 13 of the Rules of Court, a copy of the foregoing
Complaint-in-Intervention is being served by registered mail due to distance and lack of
office personnel to effect personal service.

___________________

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