Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

Branch 1, Baguio City

JILL V. ILUSTRE,
Plaintiff,
CIVIL Case No. ______
For: Unlawful Detainer

DAVID R. ILUSTRE,
Defendant.
x-------------------------------------x

COMPLAINT
PLAINTIFF, through counsel, most respectfully states that:
1. Plaintiff and defendant are both of legal age, Filipino, and residing
at 28 Woodsgate Square Subdivision, Baguio City, Benguet and 16
Camp John Hay. Loakan Road, Baguio City Benguet, respectively;

2. The plaintiff is the registered owner of a house and lot located at 16

Camp John Hay. Loakan Road, Baguio City, Benguet, and covered
by Transfer Certificate of Title No. RT-9876 of the Registry of Deeds
of Baguio City;

3. On July 1, 2020, plaintiff and defendant, for the sake of their only
child, entered into a Contract of Lease over the above-mentioned
property owned by the plaintiff for a period of three (3) years
commencing on 20 July 2020 and 20 July 2023 at the agreed rental
rate of P50,000.00 per month payable on or before the 5th day of
every month.

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 A copy of the Contract of Lease is hereto attached as Annex “A” and
made an integral part hereof.

4. Defendant then occupied the property and paid the corresponding

advance rental and deposit stipulated in the Contract of Lease.

5. However, starting April 2022 and up to the time of filing of this

Complaint, the defendant failed to pay the stipulated rental without
any valid or justifiable reason.

6. Plaintiff then demanded, through her lawyer, that the defendant

vacates the premises and to pay the rental arrears.

7. Plaintiff likewise initiated proceedings before the Lupong

Tagapamayapa of the place where the property is located, however,
the plaintiff and defendant failed to come up with an amicable
settlement prompting the Lupong Tagapamayapa to issue
Certificate to File Action.

A copy of the Certificate to File Action is hereto attached as Annex

“C” and made an integral part hereof.

8. Because of defendant’s unjustified refusal to pay the rental arrears

and to vacate the subject property despite repeated demands to do
so, the plaintiff was compelled to litigate, and for the purpose,
engaged the services of the undersigned law firm for a fee of
P25,000 for which the defendants should be held liable, including
the costs of suit.

PRAYER
WHEREFORE, it is respectfully prayed that judgment be
rendered in favor of the plaintiff and against the defendant, ordering
the latter, as follows:

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 1. Ordering the defendant and all persons claiming rights under
him, to VACATE the house and lot located at 16 Camp John Hay.
Loakan Road, Baguio City Benguet.
2. Ordering the defendant to PAY the plaintiff the rental arrears at
the rate of P50,000.00 per month from November 2021, until the
subject property is vacated.
3. Ordering defendants to pay plaintiff the amount of P25,000 for
and as attorney’s fees as well as the costs of suit.

Other reliefs and equitable in the premises are likewise prayed

for.

IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of

September 2022 in Baguio City, Benguet.

_______________
Affiant

VERIFICATION AND CERTIFICATION AGAINST FORUM

SHOPPING
I, Jill V. Ilustre of legal age, Filipino, residing at 28 Woodsgate
Square Subdivision, Baguio City, Benguet, do hereby state that:
1. I am the complainant in the said case;
2. I read and understood its contents which are true and correct of my
own personal knowledge and/or based on true records;
3. I have not commenced any action or proceeding involving the same
issue and specifically the same check/s in the Supreme Court, the
Court of Appeals or any other tribunal or agency, particularly before
the Office of the City Prosecutor of Baguio; that to the best of my
knowledge, no such action or proceeding is pending in the Supreme
Court, the Court of Appeals or any other tribunal or agency; and

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4. If I should learn thereafter that a similar action or proceeding has
been filed or is pending before these courts or tribunal or agency, I
undertake to report that fact to the Court within five (5) days
therefrom.

IN WITNESS WHEREOF, I have signed this instrument on 11

September 2022 at Manila City, Philippines.
(Sgd.) Affiant

SUBSCRIBED AND SWORN TO before me in the City of

_______________ on this day of _________________, affiant
exhibiting before me his community tax certificate no.
_______________ issued on __________________ at
_____________________.

(Sgd.) N. O. TARIO
Notary Public

Doc. No. ____

Page No. ____
Book No. ____
Series of ____.