Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION

Metropolitan Trial Court
Pasay City, Branch __

RONNIE UGALDE,
CYNTHIA UGALDE,
GLORIA UGALDE &
EMMANUEL UGALDE,
Plaintiffs,

- versus - CIVIL CASE NO.___________

FOR: EJECTMENT

VILMA SADIE PUGOSO,

MA. DITAS SADIE, REYNALDO
SADIE, JR. and all persons
claiming rights under them,
Defendants.

X- - - - - - - - - - - - - - - - - - - - X

COMPLAINT

Plaintiffs, thru the Public Attorney’s Office, by the undersigned

counsel and unto this Honorable Court, most respectfully state:

1. Plaintiffs are Filipinos, of legal age, and with residence address

at 515 M.A. Felix St., 153 Pinagbarilan, Pasay City, where summons and
other court processes may be served.

2. Defendants are of legal age, Filipinos, and presently residing at

515 M.A. Felix St., 153 Pinagbarilan, Pasay City where they may be served
with summons and other legal processes.

STATEMENT OF FACTS AND CAUSE OF ACTION

3. Plaintiffs are the children and the lawful heirs of Rosela M.

Marcelino (maiden name and also known as Rocela M. Ugalde), the
registered owner of a two hundred eighty-two square meter lot (282 sq. m.),
covered by Transfer Certificate of Title No. 25768, and improvement
thereon, located at No. 515 M.A. Felix St. (formerly Francisco St.), 153
Pinagbarilan, Pasay City. Copies of the birth/baptismal certificates of the
plaintiffs are hereto attached as Annex “A” to series. Attached also as
Annex “B” is a copy of the Transfer Certificate of Title No. 25768

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registered under the name of Rosela M. Marcelino. Attached further is a
copy of the Declaration of Real Property issued by the Office of the City
Assessor, under the name of Rocela Ugalde, as Annex “C” – “C-1”.

4. Upon Rosela’s death on November 16, 1990, plaintiffs became

the true and lawful owners and possessors of the subject property.

5. Out of the generosity of the plaintiffs, they let the defendants,

who happened to be their relatives, to live in the subject property, for free. In
fact, plaintiffs had been the ones constantly paying the real property taxes of
the property until the present. Not a single centavo was collected from the
defendants for the use of property.

6. Recently, however, plaintiffs decided to make use of the

property. They demanded the defendants to vacate the property.

7. Unfortunately, defendants refused and continuous to refuse to

vacate the property, claiming that they have nowhere to live. The matter was
brought before the barangay but to no avail. Hence a Certificate to File
Action was issued in favor of the plaintiffs, a copy of which is hereto
attached as Annex “D”. A demand letter was also sent to the defendants, a
copy of which is hereto attached as Annex “E”. Despite several demands to
vacate the property, defendants still refuse and continuous to refuse to do so.

8. Hence, plaintiffs decided to file the present action.

PRAYER

WHEREFORE, premises considered, plaintiff respectfully prays of

this Honorable Court that judgment be rendered:

a. ORDERING the defendants to immediately vacate the

property covered by Transfer Certificate of Title No. 25768.
b. ORDERING the defendants to pay damages and/or reasonable
costs for the fair use of the property, in the amount of Fifteen
Thousand Pesos (Php15,000.00) per month.

Other reliefs, just and equitable are likewise prayed for.

Respectfully submitted.

Pasay City, 11 July 2018

PUBLIC ATTORNEY’S OFFICE

Counsel for the Plaintiffs
Room 401, 4th Floor, Hall of Justice

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 Pasay City

By:

ATTY. PHILLIP M. TORRES

Public Attorney II
Roll No. 62156
IBP Lifetime No. 011813; Makati City
MCLE Compliance No. VI-0005814 valid until April 14, 2022

RODWIL L. LAMAC
Public Attorney II
Roll No. 63098
IBP Lifetime Receipt No. 1047464; January 13, 2017
MCLE Compliance No. VI- 00005804 valid until April 14, 2022

VERIFICATION AND CERTIFICATION

We, RONNIE UGALDE, CYNTHIA UGALDE, GLORIA
UGALDE & EMMANUEL UGALDE, Filipinos, of legal age, and with
residence address at 515 M.A. Felix St., 153 Pinagbarilan, Pasay City, after
being duly sworn in accordance with law, hereby depose and state:

1. That we are the plaintiffs in the above-mentioned case;

2. That we have caused the preparation of the foregoing Complaint;

3. That the allegations contained therein are true and correct based on
our personal knowledge and authentic records and documents at
hand;

4. That we have not therefore commenced any action or proceeding

involving the same issues in the Supreme Court, Court of Appeals,
or different divisions thereof, or any other court, tribunal or
agency.

5. If we should thereafter learn that a similar action or proceeding is

pending before the Supreme Court, Court of Appeals, or different

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 divisions thereof, or any other court, tribunal or agency, we
undertake to promptly inform this Honorable Court and other
above-mentioned courts, tribunal or agency within five [5] days
therefrom.

IN WITNESS WHEREOF, I have hereunto set may hand this ___

day of ________ 2018 at the ________.

RONNIE UGALDE GLORIA UGALDE

Affiant Affiant

CYNTHIA UGALDE EMMANUEL UGALDE

Affiant Affiant

SUBSCRIBED AND SWORN to before me this 16th day of July

2018 in Pasay City, affiants exhibiting to me their Postal ID with No. PAN
E23150321021, COMELEC ID No. 7605-0366A-F2065RMU10001-7
issued on __________ at ____________.

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2018.

Copy furnished:

VILMA SADIE PUGOSO,

MA. DITAS SADIE, REYNALDO SADIE, JR.
Defendants
515 M.A. Felix St., 153 Pinagbarilan,
Pasay City