Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

Branch 02
Cagayan de Oro City

LOGICORP INC. CIVIL CASE No 0144

Represented by:
ANNA FARINA G. CUARO, FOR:
UNLAWFUL
DETAINER
Plaintiff,

- versus-

JUAN DELA CRUZ III

Defendant.
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COMPLAINT

COMES NOW Plaintiff LOGICORP INC.

represented by ANNA FARINA G. CUARO, by
counsel, and unto this Honorable Court most
respectfully avers the following:

1.That the plaintiff is a domestic corporation duly

registered at the Securities and Exchange
Commission (SEC) and is represented by Ms.
Anna Farina G. Cuaro (Ms. Cuaro for Brevity),
who was duly designated and empowered by the
former to file the above mentioned action for
unlawful detainer. A copy of the board resolution
authorizing Ms. Anna Farina G. Cuaro to file an
action for unlawful detainer is attached hereto
marked as Annex “A”;

2. That the above mentioned corporation is the

absolute owner of a parcel of land covered by
 Transfer Certificate of Title No. 060-2012,
registered under the name of LOGICORP INC. A
copy of TCT No. 060-2012 is hereto attached as
Annex “B”;

3. That the defendant, JUAN DELA CRUZ III (Mr.

Dela Cruz for brevity), of legal age, with address
at #1235 Vamenta Boulevard, Carmen, Cagayan
de Oro City has been in the possession of the
abovementioned property through a contract of
lease which is hereto attached as Annex “E”.

4. The defendant however, has continuously failed

to pay the rentals;

5. That due to the said failure of defendant to pay

the rentals on the above-described property, Ms.
Cuaro, who is authorized to collect, sent a
Demand Letter to the defendant on September
15, 2015, demanding the payment of the
accrued rentals and asking that future rentals be
paid to her. A copy of the September 15, 2015
demand letter is hereto attached as Annex “C”;

6. That despite several demands to pay, defendant

has continued to refuse to pay rentals to Ms.
Cuaro, which refusal has forced herein plaintiff to
demand that the defendant vacate the property.
On January 15, 2016, petitioner sent defendant a
Demand Letter to Vacate, asking the payment of
accrued rentals as well as rentals on the
property until such time that the same has been
fully vacated. A copy of the Final Demand Letter
to Vacate is hereto attached as Annex “D”;

7. That because of the unjustified refusal of the

defendants to pay rentals and to vacate the
property and restore possession thereof to the
plaintiff despite receipt of the demand letter, the
plaintiff has been deprived of the fruits and
income of the property in the amount of
 Php15,000.00 per month commencing on the
date defendant received the September 15,
2015 demand letter, which, at the filing of this
complaint has now accumulated to at least
PhP90,000.00 in rentals-in-arrears.;

8. That because of the adamant refusal of the

defendants to surrender possession of the real
property after receipt of the demand letters
plaintiff was compelled to engage the services of
the undersigned counsel to enforce her rights
and to protect her interests over the land subject
matter of the case and agreed to pay the
amount of Php200,000.00 as acceptance fee
and Php5,000.00 as appearance fee every time
the undersigned counsel appears before the
Honorable Court to litigate the case.

WHEREFORE, premises considered, it is most

respectfully prayed of this Honorable Court that:

1. A judgment be rendered ordering defendant

and all persons and agents acting for and in
his behalf to vacate the land subject matter of
this case and peacefully surrender the
possession thereof to plaintiff;

2. Defendant be adjudged to pay plaintiff the

reasonable rental in the amount of
Php15,000.00 per month commencing from
the filing of this case up to time defendant
vacates and surrenders possession of the real
property to the plaintiff.

3. Defendant be ordered to pay accrued unpaid

rentals of PhP90,000.00 as of the filing of this
case, in addition to all unpaid future rentals;
 4. Defendant be ordered to pay plaintiff
Php200,000.00 as payment of attorney’s fee
and Php5,000.00 per hearing date as
appearance fee and litigation expenses.

Other reliefs and remedies just and equitable

under the premises are likewise prayed for.

Cagayan de Oro City, Philippines. February 22,

2016.

SITTIE AYNA ANDIG

Counsel for Plaintiff
ANDIG AND GROUPMATES LAW OFFICES
9 – 21st Streets, Nazareth, Cagayan de Oro City
th

Attorney’s Roll No. 37984

IBP No. 945231 (23 December 2015) Cag.de Oro City
PTR No. 2502409 (23 December 2015) Cag.de Oro
City
MCLE Comp. No. V-0005378 (16 October 2015)
Tel No. (088) 857-1864/ 0921-326-7434