Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

12TH Judicial Region
Branch 2, Iligan City

JAMES L. JERUSALEM Civil Case No.

Plaintiff, For: Unlawful Detainer

versus

LEE MIN HO
Defendant.
x-------------------------x

COMPLAINT

PLAINTIFF, by and through the undersigned counsels and unto this

Honorable Court, most respectfully alleges that:

PRELIMINARY STATEMENT

1. This case falls within the jurisdiction of this Honorable Court pursuant to Rule
70 of the Revised Rules of Civil Procedure. The venue is likewise properly
laid before this Honorable Court because the subject property is situated at
Brgy. San Miguel, Tibanga, Iligan City;

2. Plaintiff instituted the requisite proceedings before the Office of the Lupong
Tagapamayapa of Barangay Tibanga for purposes of Barangay Conciliation,
which failed despite earnest efforts to settle the dispute. Hence, the
requirement for an issuance of a Certification to File Action has been
complied with;

THE PARTIES

3. Plaintiff, JAMES L. JERUSALEM, is of legal age, Filipino, married, and a

resident of Purok 1, Brgy. San Miguel, Tibanga, Iligan City;

4. Defendant, LEE MIN HO, is of legal age, Filipino, single, and a resident of
Purok 1, Brgy. San Miguel, Tibanga, Iligan City.

THE FACTS

5. Czana Jall Kramer (Czana) was the owner of a parcel of land covered by TCT
No. T-58069 (a.f). situated in Brgy. San Miguel, Tibanga, Iligan City
particularly described as follows:

1
 “A parcel of land Lot 36, Block 11 of the Subdivision plan Psd-12-00985, being a
portion of Lot 4261-D, Psd12-007848), situated in the Barrio of San Miguel City of
Iligan, Island of Mindanao. BOunded on the SE., line 1-2 by Lot 34 of the same
block; on the SW., 2-3 and on the NW., line 3-4 by Road Lot 12; on the NW., line 4-
5 by Toad Lot 15 ; and on the NE., line 5-1 by Lot 35 of the same block, all of the
subdivision plan. Containing an area of TWO HUNDRED TEN (210) SQUARE
METERS, more or less covered by TCT No. T-58069 (a.f.) of the Registry of Deeds
of Iligan City.”

A copy of the above-mentioned Transfer Certificate of Title is herein attached

as Annex A to Annex A-2;

6. Plaintiff acquired the property from Czana through a Deed of Conditional Sale
dated January 9, 2022 and, subsequently, through a Deed of Absolute Sale
dated July 9, 2022. A copy of the Deed of Conditional Sale and Deed of
Absolute Sale is herein attached as Annex B to Annex B-5;

7. Defendant leased a portion of the property from February 14, 2020 to

February 14, 2021. Prior to the Plaintiff’s acquisition of the above-mentioned
property, Czana already told Plaintiff that she has been tolerating Defendant’s
occupancy of the subject property. A copy of a letter dated June 21, 2021
wherein Czana demanded Defendant to vacate the premises and pay rental in
arrears is herein attached as Annex “C”;

8. On July 17, 2022, Plaintiff visited the subject property and told Defendant that
he intends to use the property to build his own hotel. While Plaintiff is still
looking for contractor and finalizing his plans, Defendant is allowed to
continue his occupation of the subject property by tolerance and with the
understanding that he will soon need to vacate the premises once the
construction will soon realize;

9. On July 30, 2022, Plaintiff went to the subject property and demanded
Defendant to vacate the premises as the construction will start last week of
November;

10. After several months of repeated oral demands, Defendant still refused to
vacate the premises;

11. Since the defendant ignored the oral demands, Plaintiff sent a demand letter
dated October 24, 2022 asking him to vacate Plaintiff’s property within five
(5) days from receipt thereof. After two (2) weeks from receipt of the letter by
Defendant, Plaintiff returned to his property but Defendant continued to
remain in the premises. Thus, Plaintiff wrote another final demand letter dated
November 8, 2022 giving Defendant thirty (30) days from receipt within
which to vacate the premises because the former intends to use the subject

2
 parcel of land already. The letter was received by the defendant on an even
date. Copies of the letters are herein attached as Annexes “D” and “E”;

12. The Plaintiff filed a complaint for ejectment before the Office of the Lupong
Tagapamayapa of Brgy. Tibanga, Tibanga, against Defendant. The case was
docketed as Barangay Case No. 999-2022. The Punong Barangay issued a
subpoena dated November 11, 2022 addressed to the Defendant asking him to
appear before him on November 14, 2022. However, the Defendant ignored
the same. Another subpoena dated November 18, 2022 was issued to the
Defendant asking him to appear before the Pangkat on November 26, 2022,
but to no avail;

13. Defendant’s failure to appear before the Punong Barangay and Pangkat, a
Certificate to File Action dated November 29 , 2022 was issued by Pangkat
Secretary, Ruth Dinoy, and attested by Pangkat Chairman Edgar Lentorio,
stating that no confrontation took place through no fault of the complainant.
A copy of the Certificate to File Action is attached hereto as Annex “F”;

14. After the lapse of thirty (30) days, the Defendant did not vacate the property;

THE CAUSE OF ACTION

15. The Plaintiff, being the real and lawful owner of the property, has the cause
of action to file for ejectment because he is deprived of his rights to possess
and use thereof, as provided by law. Defendant’s possession was originally
lawful, but turned unlawful upon the expiration of his Contract of Lease.

16. Plaintiff already demanded Defendant to vacate the premises, but to no avail.
Further, this suit is instituted within one (1) year the formal demand to vacate
was made.

STATEMENT OF LAWS

17. The Plaintiff as the real and legal owner of the property was deprived of his
rights under Article 428 and 429 of the New Civil Code, to wit:

Art. 428. The owner has the right to enjoy and dispose of a thing,
without other limitations than those established by law.

The owner has also a right of action against the holder and
possessor of the thing in order to recover it. (348a)

Art. 429. The owner or lawful possessor of a thing has the right
to exclude any person from the enjoyment and disposal thereof.
For this purpose, he may use such force as may be reasonably

3
 necessary to repel or prevent an actual or threatened unlawful
physical invasion or usurpation of his property. (n)

18. Considering that the rights of the Plaintiff to possess and use his
property under the above-mentioned articles were violated, the Plaintiff
has the right to file an action for unlawful detainer under Rule 70 of the
Rules of Court. Thus:

Section 1. Who may institute proceedings, and when. – Subject to

the provisions of the next succeeding section, a person deprived of
the possession of any land or building by force, intimidation, threat,
strategy, or stealth, or a lessor, vendor, vendee, or other person
against whom the possession of any land or building is unlawfully
withheld after the expiration or termination of the right to hold
possession, by virtue of any contract, express or implied, or the legal
representatives or assigns of any such lessor, vendor, vendee, or
other person, may, at any time within one (1) year after such unlawful
deprivation or withholding of possession, bring an action in the
proper Municipal Trial Court against the person or persons
unlawfully withholding or depriving of possession, or any person or
persons claiming under them, for the restitution of such possession,
together with damages and costs. (1a)

PRAYER

WHEREFORE, Plaintiff respectfully prays unto this Honorable Court that

judgment be rendered ordering defendant:

a. To vacate the subject property in question and to restore possession

thereof to Plaintiff;
b. To pay Plaintiff damages in the amount of Twenty Thousand Pesos
(P20,000.00);
c. To pay plaintiff Attorney’s fees in the amount of Fifty Thousand Pesos
(P50,000.00).
Such other reliefs just and equitable under the premises are likewise prayed
for.
Iligan City, Lanao del Norte, February 29, 2023.

For the Plaintiff,

Atty. Achmida D. Mamacotao

Counsel for Plaintiff
Roll No: 12345 ; May 1, 2010
PTR No. 4444 ; January 4, 2021 ; FOR CY 2021
IBP LIFETIME NO.: 010123 | MCLE Compliance No. 4567
Email Ad: achmidadm@gmail.com
Address: Pala-o, Iligan City

4
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, JAMES L. JERUSALEM, of legal age, Filipino, married, and a resident

of Purok 1, Brgy. San Miguel, Tibanga, Iligan City, after having been duly sworn,
depose and say that:

1. I am the plaintiff in the above-entitled complaint;

2. I have caused the preparation of said complaint;
3. That I have read the allegations therein contained, and that the same are true
and correct of my personal knowledge and/or based on authentic documents
or records;
4. That I have not commenced any action or filed any claim 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; and if I should
thereafter learn that the same or similar action or claim has been filed or is
pending, I shall report that fact within five (5) days therefrom to the court
wherein the aforesaid complaint or initiatory pleading has been filed.

Witness my hand this 28th day of February 2023, at Iligan City, Lanao Del
Norte, Philippines.

JAMES L. JERUSALEM
Plaintiff

Subscribed and sworn to before me, this 28th day of February 2023, affiant
appearing before me and exhibited to me his Non-Professional Driver’s License No.
X11-2222 issued on February 10, 2015 at Iligan City, Lanao del Norte.

Doc. No. _____

Page No. _____
Book No. _____
Series of 2023.

5
A
A-1
 B
DEED OF CONDITIONAL SALE
OF A PORTION OF A PARCEL OF LAND

KNOW ALL MEN BY THESE PRESENTS:

This Deed of Conditional Sale entered into this 9 day of January, 2022, in the City
th

of Iligan, Province of Lanao del Norte, by and between:

CZANA JALL KRAMER, of legal age, Filipino, married, and a resident of

Purok 1, Brgy. San Miguel, Tibanga, Iligan City, hereinafter referred to as the
“SELLER”

-And-

JAMES JERUSALEM, of legal age, Filipino, married, and a resident of

Purok 1, Brgy. San Miguel, Tibanga, Iligan City, hereinafter referred to as the
“BUYER”

WITNESSETH

THAT, the SELLER is the registered owner of a certain parcel of land situated in
Brgy. San Miguel, Tibanga, Iligan City, and more particularly described and
bounded as follows:

TRANSFER CERTIFICATE OF TITLE No. T-58,069 (a.f.)

A PARCEL OF LAND (Lot 36, Block 11 or the subdivision plan Psd-

12-009585, being a portion of Lot 4261-D, Pad-12-007848), situated in
the Barangay of San Miguel, Tibanga, Iligan City, Lanao del Norte.
Bounded on the SE., line 1-2 by Lot 34 of the same block; on the SW.,
line 2-3 and on the NW, line 3-4 by Road Lot 12; on the NW., line 4-5
by Road Lot 15; and on the NE., line 5-1 by Lot 35 of the same block,
all of the subdivision plan. Beginning at a point marked "1" on plan being
N. 37-27 E., 461.92 m. from BLIM Io. 6, Cad. 292, Iligan Cadastre;
THENCB.
S 69-06 W., 20.22 m. to point 2; N 20-54 W., 7.09 m. to
point 3;
N 22-02 E., 4.00 m. to point 4; N 64-59 E., 17.56 m. to point 5;
S 20-54 E., 11.27 m. to point of beginning;
Containing an area of TWO HUNDRED TEN (210) SQUARE METERS,
more or less. x x x
 B-1
THAT, the SELLER has offered to sell the above-described parcel of land to the
BUYER and the BUYER have agreed to buy the same in the amount of ONE
MILLION AND ONE HUNDRED THOUSAND PESOS (Php 1,100,000.00),
Philippine Currency;

THAT, the BUYER shall pay the amount of SIX HUNDRED SIXTY
THOUSAND PESOS (Php 660,000.00), Philippine Currency, upon execution of
this document;

THAT, the BUYER shall pay the balance in the amount of FOUR HUNDRED
FORTY THOUSAND PESOS (Php 440,000.00), Philippine Currency, after 6
months from the execution of this document;

THAT, however, in the event that the BUYER fails to comply with his obligation,
the purchase price which has been paid shall likewise earn legal interest in favor of
the SELLER;

THAT, the SELLER shall give the BUYER absolute and complete control and
possession of the subject property and allow the introduction of improvements
thereon upon the receipt of the first payment;

FURTHER, that in the event that the SELLER should fail or deliberately refuse to
comply with his obligation, the BUYER shall be reimbursed of the amount of the
purchase price paid, cost of improvements as well as beneficial interests and other
damages that the BUYER may suffer;

AND FINALLY, THAT the SELLER’s title to the property is reserved until full
payment of the purchase price, and that the SELLER hereby bounds herself to
execute a Deed of Absolute Sale in favor of the BUYER upon fulfillment of the
BUYER’s obligation to the SELLER and that the SELLER commits itself to
SELL, CEDE, TRANSFER and CONVEY in a manner that is absolute and
irrevocable the real property unto the BUYER, his heirs, assigns and successors-in-
interest.

IN WITNESS WHEREOF, the parties have hereunto signed this DEED OF

CONDITIONAL SALE this 9 day of January, 2022 at Brgy. San Miguel, Tibanga,
th

Iligan City.

CZANA JALL KRAMER JAMES JERUSALEM

Seller Buyer
TIN: 651-231-521-000 TIN: 489-365-981-000

SIGNED IN THE PRESENCE OF:

SAM JAVIEN JOHN LLOYD OCLARET

Witness Witness
 B-2
ACKNOWLEDGMENT

Republic of the Philippines )

Province of Lanao del Norte ) S.S.
City of Iligan )

BEFORE ME, a Notary Public for the Province of Lanao del Norte and City
of Iligan, personally appeared:

Name ID No. Date and Place

of Issuance

CZANA JALL KRAMER TIN: 651-231-521-000 Iligan City/April 1,

2011
JAMES JERUSALEM TIN: 489-365-981-000 Iligan City/June 9,
2010

Known to me to be the same persons who executed the foregoing document

of DEED OF CONDITIONAL SALE and they acknowledged to me that they
executed the same as their free and voluntary act and deed.

I HEREBY CERTIFY that the foregoing document consists of three (3) pages
including this page, and that the parties and their witnesses signed their names and
on one (1) parcel of land covered by TCT No. T-58,069 (a.f.) of the Registry of
Deeds for Iligan City.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my

notarial seal this 9th day of January 2022.

ATTY. CHANDLER BING

NOTARY PUBLIC
UNTIL December 31, 2022
IBP No. 290213 Jan 03, 2022 Iligan City
PTR No. 7328964 Jan 03, 2022 Iligan City
Lanao del Norte
Atty. Roll No. 56210
MCLE COMPLIANCE No. (VI-0047921)
04-14-2022 Manila
Doc. No. 4;
Page No. 15;
Book No. I;
Series of 2022.
 B-3
DEED OF ABSOLUTE SALE
OF A PORTION OF A PARCEL OF LAND

KNOW ALL MEN BY THESE PRESENTS:

This Deed of Absolute Sale is made and executed on the date and place
hereinafter written by and between:

CZANA JALL KRAMER, of legal age, Filipino, married, and a resident of

Purok 1, Brgy. San Miguel, Tibanga, Iligan City, hereinafter referred to as the
“SELLER”
-And-

JAMES JERUSALEM, of legal age, Filipino, married, and a resident of

Purok 1, Brgy. San Miguel, Tibanga, Iligan City, hereinafter referred to as the
“BUYER”

WITNESSETH

WHEREAS, the SELLER is the registered owner of a certain parcel of land situated
in Brgy. San Miguel, Tibanga, Iligan City, and more particularly described and
bounded as follows:

TRANSFER CERTIFICATE OF TITLE No. T-58,069 (a.f.)

A PARCEL OF LAND (Lot 36, Block 11 or the subdivision plan Psd-

12-009585, being a portion of Lot 4261-D, Pad-12-007848), situated
in the Barangay of San Miguel, Tibanga, Iligan City, Lanao del Norte.
Bounded on the SE., line 1-2 by Lot 34 of the same block; on the SW.,
line 2-3 and on the NW, line 3-4 by Road Lot 12; on the NW., line 4-
5 by Road Lot 15; and on the NE., line 5-1 by Lot 35 of the same
block, all of the subdivision plan. Beginning at a point marked "1" on
plan being N. 37-27 E., 461.92 m. from BLIM Io. 6, Cad. 292, Iligan
Cadastre; THENCB.
S 69-06 W., 20.22 m. to point 2; N 20-54 W., 7.09 m. to
point 3;
N 22-02 E., 4.00 m. to point 4; N 64-59 E., 17.56 m. to point 5;
S 20-54 E., 11.27 m. to point of beginning;
Containing an area of TWO HUNDRED TEN (210) SQUARE
METERS, more or less. x x x
 B-4
NOW THEREFORE, for and in consideration of the sum of ONE MILLION
AND ONE HUNDRED THOUSAND PESOS (Php 1,100,000.00), Philippine
Currency, in hand paid by BUYER, receipt of the said amount is hereby
acknowledged, the SELLER hereby SELL, TRANSFER and CONVEY, by way of
deed of sale, in favor of the BUYER, his heirs and legal assigns, of the
abovementioned parcel of land, with improvements;

IN WITNESS WHEREOF, the parties have hereunto set their hands on this 9th of
July, 2022 at Brgy. San Miguel, Tibanga, Iligan City.

CZANA JALL KRAMER JAMES JERUSALEM

Seller Buyer
TIN: 651-231-521-000 TIN: 489-365-981-000

Marital Consent of:

DOUGHLAS KRAMER KATHERINE JERUSALEM

Spouse (Seller) Spouse (Buyer)

SIGNED IN THE PRESENCE OF:

MONICA GELLER RACHEL GREEN

Witness Witness
 B-5
ACKNOWLEDGMENT

Republic of the Philippines )

Province of Lanao del Norte ) S.S.
City of Iligan )

BEFORE ME, a Notary Public for the Province of Lanao del Norte and City
of Iligan, personally appeared:

Name ID No. Date and

Place
of Issuance
CZANA JALL KRAMER TIN: 651-231-521-000
JAMES JERUSALEM TIN: 489-365-981-000

Known to me to be the same persons who executed the foregoing document

of DEED OF ABSOLUTE SALE and they acknowledged to me that they executed
the same as their free and voluntary act and deed.

I HEREBY CERTIFY that the foregoing document consists of three (3) pages
including this page, and that the parties and their witnesses signed their names and
on one (1) parcel of land covered by TCT No. T-58,069 (a.f.) of the Registry of
Deeds for Iligan City.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my

notarial seal this 9th day of July 2022.

ATTY. CHANDLER BING

NOTARY PUBLIC
UNTIL December 31, 2022
IBP No. 290213 Jan 03, 2022 Iligan City
PTR No. 7328964 Jan 03, 2022 Iligan City
Lanao del Norte
Atty. Roll No. 56210
MCLE COMPLIANCE No. (VI-0047921)
04-14-2022 Manila

Doc. No. 1;
Page No. 40;
Book No. I;
Series of 2022.
 C
June 21, 2021

LEE MIN HO
Purok 1, Brgy. San Miguel, Tibanga, Iligan City

Re: DEMAND LETTER TO PAY RENTAL IN ARREARS AND TO VACATE

Dear Mr. LEE MIN HO,

I am writing this letter to demand rental payment you haven’t paid yet and to vacate
said property since our lease contract already expired.

I am hoping to receive the unpaid rental payment within thirty (30) Days from receipt
of notice and vacate within sixty (60) days from notice.

Very truly yours,

Czall Jall Kramer

 D
October 24, 2022

LEE MIN HO
Purok 1, Brgy. San Miguel, Tibanga, Iligan City

Re: DEMAND LETTER TO VACATE

Dear Mr. LEE MIN HO,

Please be reminded that I am now the lawful owner of lot A covered by TCT No. T-
1234(a.f.) situated in Brgy. San Miguel, Tibanga, Iligan City and I am asking you to
vacate the same land since I am planning to use and build my hotel business in the
said land.

In view of the foregoing circumstances, I demand you to vacate the said premises
within FIVE (5) DAYS from notice hereof.

I trust you will give this matter your preferential attention.

Very truly yours,

JAMES L. JERUSALEM
 E
November 8, 2022

LEE MIN HO
Purok 1, Brgy. San Miguel, Tibanga, Iligan City

Re: FINAL DEMAND LETTER

Dear Mr. LEE MIN HO,

It has been fourteen (14) days since you received my letter dated October 24, 2022
and, still, you have failed to vacate my property.

Please be reminded that I have demanded you to vacate the premises but the same
demand has been left unanswered. Consider this then, as my last and final demand
for you to vacate my property within thirty (30) days from receipt of this notice. If
you fail to heed this final demand, we shall be constrained to institute appropriate
criminal and civil actions against you to protect my interest.

Very truly yours,

JAMES L. JERUSALEM
 F
Republic of the Philippines
City of Iligan
Office of the Barangay Captain
Purok 1, Brgy. San Miguel, Tibanga, Iligan City

JAMES L. JERUSALEM, Iligan City Barangay Case: 0725-143

COMPLAINANT, For: UNLAWFUL DETAINER

-AGAINST-

LEE MIN HO, Iligan City

DEFENDANT.

CERTIFICATION TO FILE ACTION

This is to certify that:

1. There has been no personal confrontation between the parties before
the Punong Barangay because the defendant was absent and that
mediation failed;
2. The Pangkat ng Tagapagsundo was constituted but there has been no
personal confrontation before the Pangkat likewise did not result into
settlement because the defendant was absent;
3. Therefore, the corresponding complaint for the dispute may now be
filed in the Court / Government office.

Given this 29th day of November 2022.

Ms. Ruth Dinoy

Pangkat Secretary
Attested by:

Hon. Edgar Lentorio

Pangkat Chairman
Tibanga, Iligan City