Republic of the Philippines

MUNICIPAL TRIAL COURT

Municipality of Clarin

MARIO B. BUTANGERO,
Plaintiff,

              -versus- Civil Case No. ______

For: Unlawful Detainer

ANNIE BATONGBAKAL
Defendant.
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COMPLAINT

          PLAINTIFF, by counsel, and unto this Honorable Court, most

respectfully allege: -THAT-

1.   Plaintiff is of legal age, Filipino, with residence and postal address

at Barangay Gango, Ozamiz City, Misamis Occidental where he
may be served notices and other court processes;

2.   Defendant is of legal age, Filipino, with residence and postal address

at Barangay 1, Tangub City, Misamis Occidental where he may be
served summons and other court processes;

3.   Plaintiff is the absolute owner and lessor of that certain apartment

situated at Barangay Mialen, Clarin, Misamis Occidental and now
leased and occupied by the Defendant;

4.   The Defendant leases and occupies the said apartment from June 1,
2014 until (DATE) as agreed upon between the plaintiff and the
Defendant in the lease contract executed on June 1, 2014 under the
express obligation to pay a monthly rental of P4,000; (Contract of
Lease attached as Annex “A”)

5.   The lease contract of the Defendant for the occupation of the building
has been terminated on February 28, 2017 and has not been
renewed or extended;
6.   During the course of the Defendant’s occupation of the said
apartment, Defendant has failed to pay his rentals for the months of
March 2019 to September 2019;

7.   Defendant has continued to occupy the said apartment

notwithstanding the fact that her contract of lease has been
terminated on February 28, 2017 thus depriving the plaintiff from
having the said apartment leased by other persons;

8.   Several demands to vacate was made by plaintiff to Defendant, both

oral and written (Demand letter attached as Annex “B”), but
Defendant refused to vacate the said apartment and return
possession to the plaintiff;

9.   Until now Defendant still refuses to vacate and restore possession

and pay her rentals for the months March 2019 to September 2019
during her occupation of the apartment;

10.       Thus, Defendant is unlawfully withholding possession of the subject

townhouse from the plaintiff despite last and final demand, to the
damage and prejudice of the plaintiff;

11.       Before filing of this complaint, the dispute has been referred to the
Lupong Tagamayapa of Barangay Mialen, Clarin, Misamis
Occidental but the parties failed to arrive at an amicable
settlement; (Certificate to File Action attached as Annex “C”)

PRAYER

          WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court that after due notice and hearing,
judgment be rendered in favor of Plaintiff:

1.   For the restitution of the abovementioned apartment;

2.   For the payment of TWENTY-EIGHT THOUSAND PESOS

(PhP28,000) PESOS, representing the arrears of rent now overdue;

3.   To pay the costs for this suit.

Other reliefs just and equitable under the premises are likewise
prayed for.
(Place of Filing), Philippines, September 21, 2020.

CAPITANIA & ASSOCIATES LAW OFFICE

Counsel for Plaintiff
Abanil Extension, Aguada, Ozamiz City

By:

(NAME OF LAWYER)
Roll No.: ____________
PTR No: ____________
IBP No.: ____________
MCLE Compliance No.: ____________
 VERIFICATION/CERTIFICATION OF FORUM SHOPPING

Republic of the Philippines )

City of Manila                     ) S.S.

  I, MARIO B. BUTANGERO, of legal age, Filipino citizen, single

and resident of Barangay Gango, Ozamiz City, Misamis
Occidental , after having been duly sworn to in accordance with law
do hereby depose and say:

1. That I am the plaintiff in the above-entitled case;

2. That I have caused the preparation of the foregoing complaint

and have read the allegations contained therein;

3. The allegations in the said complaint are true and correct of my

own knowledge and authentic records;

4. I hereby certify that I have not commenced any other action or

proceeding involving the same issues in any court, tribunal or quasi-
judicial agency and, to the best of my knowledge, no such other
action or claim is pending therein;

5. That if I should learn thereafter that a similar action or

proceeding has been filed or is pending, I hereby undertake to report
that fact within five (5) days therefrom to the court or agency where
the original pleading and sworn certification contemplated herein
have been filed;

6. I executed this verification/certification to attest to the truth of

the foregoing facts and to comply with the provisions of Adm. Circular
No. 04-94 of the Honorable Supreme Court.

          IN WITNESS WHEREOF, I have hereunto affixed my signature

this 24th of September 2020, in the Municipality of Clarin.

                                                       

MARIO B. BUTANGERO

          SUBSCRIBED AND SWORN to before me this _______ day of

September, 2012, in the City of Manila, affiant exhibiting to me his
Driver’s License No. 12345 issued by the Land Transportation Office
on April 8, 2019 at the City of Ozamiz.
                                              ATTY. JUAN DELA CRUZ
                                                     Notary Public
                            My Commission Expires Dec. 31, 2022
                          Roll of Attorney No. 34567
                   IBP No. 12345/2-5-12/Manila
                                      PTR No. 87654/12-22-11/Manila

Doc. No. ________

Page No. _______
Book No. _______
Series of 2019.