Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES (MTCC)

CONSOLACION-CORDOVA
7th Judicial Region
CONSOLACION, Cebu

JULES BAGUIO,
Plaintiff,
CIVIL CASE NO. 123456
FOR: UNLAWFUL DETAINER
WITH
CLAIM FOR DAMAGES,
ATTORNEY’S
FEES, AND LITIGATION COSTS

- versus –

GEORGE SUMALINOG,
Defendant,

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

VERIFIED COMPLAINT

COME NOW, plaintiff, thru the undersigned counsel, unto this

Honorable Court, respectfully states that:

1. Plaintiff in this case, JULES BAGUIO, Filipino citizen, of legal age,

Single, and a resident of Calan Proper, Cordova, Cebu, Philippines,
where he can be served or furnished with notices, processes, order(s),
resolution(s), decision, pleading(s), motion(s), document(s) and
paper(s) relative to this case. He can also be served or furnished with
such notices, processes, order(s), resolution(s), decision, pleading(s),
motion(s), document(s) and paper(s) thru the undersigned counsel’s
office address as indicated below.

2. Defendant in this case, GEORGE SUMALINOG, Filipino citizen, of

legal age, Single, and a resident of Puso, Cordova, Cebu, Philippines,
where he can be served or furnished with notices, processes, order(s),
resolution(s), decision, pleading(s), motion(s), document(s) and
paper(s) relative to this case.

3. That plaintiff owns a parcel of land situated at Calan 1, Cordova,

Cebu, Philippines, being evidenced by Transfer Certificate of Title
No. 123456, issued by the Registry of Deeds of Cordova, a copy

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 thereof has been attached as “EXHIBIT A” of plaintiff JULES
BAGUIO’s Judicial Affidavit and more particularly described as
follows:

“A parcel of land (Lot No. 01) situated in Cordova, Cebu,

Philippines. Bounded on the North by Lot No. 02, on the
West by Lot No. 03, on the East by Lot No. 04, and on
the South by the sea waters of Cordova Bay. Containing
an area of ONE HUNDRED (100) SQUARE METERS,
more or less.”

4. That defendant occupied the property by tolerance from plaintiff from

January 01, 2021 to July 15, 2021;

5. That on July 16, 2021, plaintiff sent defendant a demand letter, a copy
of such letter has been attached as “EXHIBIT B” of plaintiff’s
Judicial Affidavit, to vacate the property within 15 days stating that he
will convert the property into a commercial establishment;

6. Despite such demand, defendant did not vacate the property until
expiration of the 15-day period given by plaintiff resulting to the
commencement of barangay conciliation/mediation proceedings.

7. Suffice it to stress that despite the aforementioned barangay

conciliation/mediation proceedings, parties failed to reach to an
amicable settlement. Thus, said barangay properly issued a Certificate
to File Action, dated August 01, 2021, which has been attached as
“EXHIBIT C” of plaintiff’s Judicial Affidavit.

8. As a result, all the earnest efforts to compromise exerted by the

plaintiff has failed in view of defendant’s unreasonable and
unjustifiable refusal to heed plaintiff’s demand to vacate the property.

9. Ergo, the unjust refusal of defendant to vacate despite demand

warrants the ejectment of defendant from the subject properties.
Hence, this complaint.

PRAYER

WHEREFORE, foregoing premises considered, it is most

respectfully prayed of this Honorable Court that after due notice and
hearing, a decision be rendered in favor of plaintiff and against defendant
by:

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1. Declaring that plaintiff have the right to possess the subject properties;

2. Ordering defendant to immediately vacate the above property;

3. Ordering defendant to pay plaintiff moral damages of Php10,000.00,

exemplary damages in the amount of Php10,000.00, litigation costs in
the amount of Php40,000.00 and attorney’s fees in the amount of
Php30,000.00.

4. Such other reliefs as may be just and equitable under the

circumstances.

Cordova, Cebu, August 25, 2021.

ATTY. JENEVETH I. SITOY

Counsel for the plaintiff
123 Tomaquin Building,
Poblacion, Cordova, Cebu
IBP Lifetime No. 014510/2-24-21
PTR NO. 4990562/ 1-14-21
Roll No. 38488
MCLE 000678/05-23-2021
Tel. No. 521-6137

Page 3 of 9
REPUBLIC OF THE PHILIPPINES )
IN THE CITY OF CEBU ) S.S.

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

I, JULES BAGUIO, of legal age, Filipino citizen, after having been duly
sworn, depose and say, that:

1. I am the defendant in the above-entitled case;

2. I have caused the preparation of the foregoing Complaint;

3. I have read and understood the allegations therein, and they are true
and correct according to our knowledge and belief and authentic
records.

4. I have not commenced any other action or proceeding involving the

same issues in the Supreme Court, 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, 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.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

25 day of August 2021, in the City of Cebu, Municipality of Cordova.
th

JULES BAGUIO
Affiant

SUBSCRIBED AND SWORN to before me this 25 th day of August

2021, in the City of Cebu, Municipality of Cordova, Philippines, affiant
exhibited his Driver's License No. 102134 issued at Cebu City, on May 20,
2020.

NOTARY
PUBLIC

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Doc. No. 13
Page No. 2
Book No. 4
Series of 2021.

Copy furnished:

ATTY. CARDO DALISAY

Counsel for Defendant
Room 101, Yburan Building,
1234 Road Street, Poblacion, Cordova
Cebu City, Philippines

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 Republic of the Philippines
MUNICIPAL TRIAL COURT IN CITIES (MTCC)
CONSOLACION-CORDOVA
7th Judicial Region
CONSOLACION, Cebu

JULES BAGUIO,
Plaintiff,
CIVIL CASE NO. 123456
FOR: UNLAWFUL DETAINER
WITH
CLAIM FOR DAMAGES,
ATTORNEY’S
FEES, AND LITIGATION COSTS

- versus –

GEORGE SUMALINOG,
Defendant,

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

JUDICIAL AFFIDAVIT OF JULES BAGUIO

I, JULES BAGUIO, Filipino citizen, of legal age, Single, and a

resident of Calan Proper, Cordova, Cebu, Philippines, after having been
sworn to in accordance with law, do hereby depose and state that I am
answering the following questions asked of me by ATTY. JENEVETH I.
SITOY, at her office address at 123 Tomaquin Building, Poblacion,
Cordova, Cebu, fully conscious that I do so under oath, and I may face
criminal liability for false testimony or perjury if proven in court to be false:

1. Q: How are you related to JULES BAGUIO, the plaintiff in the Civil
Case No. 123456 before the Metropolitan Trial Court in Cities of
Consolacion-Cordova for unlawful detainer against George
Sumalinog

A: I am the same.

2. Q: As a preliminary question, what is the main purpose, if any, why

you execute this Judicial Affidavit?

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 A: The main purpose why I execute this Judicial Affidavit is to prove
that defendant failed to vacate my property even after the period given
in the Demand Letter to vacate and identify documents and related
matter.

3. Q: How did the defendant George Sumalinog was able to occupy your
property?

A: George was previously renting in another area and I told him to

occupy because I was not using it at the moment.

4. Q: Is the property you are talking about the one herein attached as
“EXHIBIT A”?

A: Yes.

5. What happened next?

A: I want to use my property now so I sent George a letter herein

attached as “EXHIBIT B” to vacate the property within 15 days from
notice as I will use it for commercial purposes.

6. Q: Did defendant comply with the period to vacate?

A: No, he didn’t. So, I commenced a barangay conciliation/mediation

proceeding in Barangay Poblacion, Cordova.

7. Q: What happened during the Barangay Conciliation?

A: The barangay conciliation proceeding went futile. We did not

reach to an amicable settlement so a Certification to File Action was
issued by the Barangay. Such document is herein attached as
“EXHIBIT C”.

8. Q: What happened after?

A: I filed this action for unlawful detainer against George with the
Municipal Trial Court in Cities of Consolacion-Cordova.

9. Q: Finally, do you know why you are executing the foregoing sworn
statement in this case?

A: Yes, I am executing this sworn statement to be adapted as my

direct examination in this case to prove my cause/s of action for
unlawful detainer against the defendant in the above-entitled case, and
this judicial affidavit be marked as “EXHIBIT D”.

Page 7 of 9
 IN WITNESS WHEREOF, I have hereunto voluntarily affixed my
signature on August 25, 2021, in Cordova, Cebu, Philippines.

JULES BAGUIO
Affiant
Driver's License No. 102134
Issued at Cebu City, on May 20, 2020
Valid until May 20, 2025

SUBSCRIBED AND SWORN to before me this 25 th day of August

2021, in the City of Cebu, Municipality of Cordova, Philippines, Affiant,
JULES BAGUIO, who is personally known to me, has exhibited to me his
Driver's License No. 102134 issued at Cebu City, on May 20, 2020 as
competent proof of his identity. I hereby certify that I have personally
examined the above Affiant and I am satisfied that he has thoroughly read
and understood his Judicial Affidavit; and that he has freely and voluntarily
executed it.

ATTY. JENEVETH I. SITOY

Affiant
IBP Lifetime No. 014510/2-24-21
Roll No. 38488

SUBSCRIBED AND SWORN to before me this 25 th day of August

2021, in the City of Cebu, Municipality of Cordova, Philippines, Affiant,
ATTY. JENEVETH I. SITOY, who is personally known to me, has
exhibited to me her Driver's License No. 123456 issued at Cebu City, on
June 12, 2020 as competent proof of her identity. I hereby certify that I have
personally examined the above Affiant and I am satisfied that she has
thoroughly read and understood her Sworn Attestation; and that she has
freely and voluntarily executed it.

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 NOTARY
PUBLIC

Doc. No. 14
Page No. 2
Book No. 4
Series of 2021.

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