Republic of the Philippines

Second Judicial Region

Municipal Trial Court in Cities
Branch 1
Tuguegarao City, Cagayan

JAN LEANDRO P. VERZON

Plaintiff,
Civil Case No. 12345
For: Unlawful Detainer
PEPITO D. NANALOTO
Respondent,
X----------------------------------X
COMPLAINT
PLAINTIFF, by counsel, and unto this honorable Court, most
respectfully allege: THAT
1. That the Plaintiff, JAN LEANDRO P. VERZON is of legal age,
Filipino Citizen, single, a resident of Zone 4 Anquiray Amulung,
Cagayan, where he may serve notice and other court purposes.

2. That the Plaintiff is the absolute owner and lessor of the certain
apartment located at #69 Balzain East, Tuguegarao City,
Cagayan, evidenced by Transfer Certificate of Title no 143.
(Annex “B”)

3. That the Respondent, PEPITO D. NANALOTO is of legal age,

Filipino Citizen, single, resident of Tuguegarao City.

4. By virtue of contract of lease, the plaintiff leased unto the

respondent the aforesaid apartment for consideration
P15,000.00 a month as rental to be paid every first day of each
month.

5. A stipulation in the said lease contract (Annex “A”) provides that

in case of default by the lessee of the rent, the plaintiff has the
option to terminate the contract and eject the lessee.

6. The Respondent failed to pay rental in several months starting

December 2020 up to present.

7. That the respondent already utilized his initial deposit upon non-
payment of the agreed rental fee on December 01, 2020. Such
 being the stipulation made under item no. 5 of the Lease
Contract. (Annex “A”)

8. On January 10,2021 and January 16, 2021, the Plaintiff, sent

formal letters of demand to the respondent to pay the rent within
five days. (Annex “C”)

9. That at the expiration of the five days grace period given to the
plaintiff, the respondent failed to pay the said rent.

10. That on February 17, 2021, the Plaintiff ordered the respondent
to vacate property by sending an eviction notice. (Annex “D”)

11. That up to this present, the respondent refuses to vacate the

apartment and still in possession of the said property.

12. Thus, the respondent is unlawfully withholding possession of the

said subject apartment from the plaintiff, despite last and final
demand, to the damage and prejudice of the plaintiff.

13. Before filing this complaint, the issue was referred to the Lupong
Tagapamayapa of Balzain East but the respondent failed to
appear to the scheduled hearings.

PRAYER

WHEREFORE, premises considered, it is most repecfully

prayed of this Horable Court that after due notice and hearing,
judgment be rendered in favor of Plaintiff:

For the payment of FIFTEEN THOUSAND PESOS

(P15,000.00), Philippine currency, representing the arrears of
the rent now overdue;
To pay the cost of suit

Other reliefs just and equitable under the premises are likewise
prayed for.

City of Tuguegarao, March 22, 2021.

 VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING

Republic of the Philippines

(City of Tuguegarao) S.S.

I, JAN LEANDRO PARANADA VERZON, of legal age, after having

been duly sworn in
accordance with law, depose and state that:

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true
and correct of my personal knowledge and/or on the basis of copies of
documents and records in my possession;

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

same issues in the Supreme Court, the 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, the 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.

Tuguegarao City, March 22, 2021

___________________
Jan Leandro P. Verzon

SUBSCRIBED AND SWORN to before me this 22nd day of March

2021 at Tuguegarao City Philippines affiant exhibiting to me his TIN-
093-543-000 issued in BIR Tuguegarao City.

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

notarial seal, the day, year, and place above written.
Notary Public
My commission expires December 31, 2021
IBP No. 1234, 1/2/2021, Tuguegarao City
P.T.R No. 1234, 2/2/2021, Tuguegarao City

Doc. No. 2
Page No. 5
Book No. V
Series of 2021
JAN LEANDRO P. VERZON
Plaintiff,
Civil Case No. 12345
For: Unlawful Detainer
PEPITO D. NANALOTO
Respondent,
X----------------------------------X
JUDICIAL AFFIDAVIT
(Pursuant to SC A.M. No. 12-8-8 SC)

I, JAN LEANDRO P. VERZON, of legal age, Filipino,

single, and resident of Zone 4 Anquiray Amulung, Cagayan after
having been duly sworn to in accordance with law in answer to
the questions asked of me by Atty. Orlando D. Bueno in his Office
at Ugac Norte, Bassig st., Tuguegarao City, on March 20, 2021
at 9:00 am, fully conscious that I do so under oath and that I may
face criminal liability for false testimony or perjury hereby depose
and state:

Q: How are you related to JAN LEANDRO P. VERZON, the

plaintiff in civil case no. 12345 before the Municipal Trial Court
for Unlawful Detainer against PEPITO D. NANALOTO?
A: I am the same person.

Q: Do you know PEPITO D. NANALOTO?

A: Yes, he is the lessee occupying the subject property since
January 01, 2019 which I own described under TCT No. 12345
of Registry of Deeds of Tuguegarao City.

Q: How did the defendant was able to occupy the subject

property?
A: He leased my property for the period of five (5) years from
January 2019 to January 2024.

Q: What did you do when the respondent failed to pay the rent?
A: I sent a letter of demand to pay rent to the respondent with a
grace period of five days.

Q: What did you do after the respondent failed to pay the rent
within the grace period?
A: I sent a letter to vacate the property on February 1, 2021, for
his failure to pay the rent within the given grace period.

Q: What is your proof that you sent a notice to vacate on

February 1, 2021?
A: I have here the copy of the notice to Vacate the property
(Annex “D”)

Q: What was the action of the respondent after posting the notice
to vacate?
A: None. The respondent refused to vacate and surrender the
possession of the property.

Q: What step did you take after the refusal of the respondent to
vacate the subject property?
A: I went to the Lupong Tagapamayapa of Barangay Balzain
East, Tuguegarao City to complain the unlawful possession my
property.

Q: What happened during then?

A: The Lupong tagapamayapa scheduled a hearing for the
settlement but the respondent failed appear on the scheduled
date.

Q: What did the Lupon do when the respondent did not appear?
A: The Lupon issued a certificate to file action.

Q: What did you do next?

A: I filed a complaint before the Municipal Trial Court against the
respondent a case for Unlawful Detainer.

Q: In your complaint you are asking for rental for the use and
occupation of the respondent of your apartment, how much is
your claim for the said rental?
A: The monthly rental fee is P15,000.00

Q: Finally, do you know why you are executing foregoing sworn

statement in this case?
A: Yes, I am executing this sworn statement to be adopted as my
direct examination in this case to prove cause of action for
unlawful detainer against the respondent in the above entitled
case.

IN WITNESS WHEREOF, I hereby affix my signature this 20th

day of March 2021, in Tuguegarao City.

JAN LEANDRO P. VERZON

AFFIANT

ATTESTATION

I hereby attest that on this 20th day of 2021, I have personally

examined the plaintiff JAN LEANDRO P. VERZON; and that I
have faithfully recorded or caused to be recorded the questions
asked and the corresponding answer thereto made by him. I
further attest that I nor any other person herein present, or
assisting me, never coached JAN LEANDRO P. VERZON
regarding his answer.

Tuguegarao City, March 20, 2021.

ORLANDO D. BUENO JR.

Lawyer – Affiant
Counsel for Plaintiff
Bassig street Ugac Norte, Tuguegarao City
Contact No. 09123456789
ROLL No. 1234

SUBSCRIBED AND SWORN to before me this 20th day of

March 2021 at Tuguegarao City Philippines affiant exhibiting to
me his TIN- 093-543-000 issued in BIR Tuguegarao City.

Name: Issued ID Number:

JAN LEANDRO P. VERZON TIN – 093-543-000

Known to me to be the same person who executed the foregoing

document.

WITNESS MY HAND AND SEAL on the date and the place first
above-written.

Doc. No.: 12
Page No.: 3
Book No.: VI
Series of 2021

Copy Furnished:

ATTY. MICHAEL B. PAGGABAO

Counsel for the respondent
 Annex A

LEASE CONTRACT
KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT OF LEASE is made and executed at the City of Tuguegarao, this 1st day of January,
2019, by and between:

JAN LEANDRO P. VERZON, of legal age, single, Filipino, and with residence and postal address
at Zone 4, Brgy. Anquiray, Amulung, Cagayan, hereinafter referred to as the LESSOR.

-AND-

PEPITO D. NANALOTO, Filipino and with residence and postal address at Tuguegarao City,
hereinafter referred to as the LESSEE.

WITNESSETH; That

WHEREAS, the LESSOR is the owner of THE LEASED PREMISES, a residential property situated at
#69 Balzain East, Tuguegarao City;

WHEREAS, the LESSOR agrees to lease-out the property to the LESSEE and the LESSEE is willing to
lease the same;

NOW THEREFORE, for and in consideration of the foregoing premises, the LESSOR leases unto the
LESSEE and the LESSEE hereby accepts from the LESSOR the LEASED premises, subject to the
following:

TERMS AND CONDITIONS

1. PURPOSES: That premises hereby leased shall be used exclusively by the LESSEE for residential
purposes only and shall not be diverted to other uses. It is hereby expressly agreed that if at any
time the premises are used for other purposes, the LESSOR shall have the right to rescind this
contract without prejudice to its other rights under the law.

2. TERM: This term of lease is for five (5) YEARS. From January 01, 2019 to January 01, 2024. Upon
its expiration, this lease may be renewed under such terms and conditions as may be mutually
agreed upon by both parties, written notice of intention to renew the lease shall be served to the
LESSOR not later than seven (7) days prior to the expiry date of the period herein agreed upon.

3. RENTAL RATE: The monthly rental rate for the leased premises shall be in PESOS: FIFTEEN
THOUSAND PESOS (P15,000.00), Philippine Currency. All rental payments shall be payable to the
LESSOR.

4. DEPOSIT: That the LESSEE shall deposit to the LESSOR upon signing of this contract and prior
to move-in an amount equivalent to the rent for ONE (1) MONTH or the sum of FIFTEEN
THOUSAND PESOS (P 15,000.00), Philippine Currency. That the deposit shall cover ONE MONTH
of the unpaid rental.

5. DEFAULT PAYMENT: In case of default by the LESSEE in the payment of the rent, the LESSOR
has an option to terminate this contract and eject the LESSEE.

6. EVICTION: The LESSEE shall be subjected to eviction on the grounds of non-compliance with
the terms of this contract or non-payment of the rental fee on the period stipulated herein. The
LESSOR shall enforce eviction after issuance of a written notice of demand and eviction notice
upon the person found on the premises, or by posting such notice on the premises if no person
be found thereon, and the lessee fails to comply with the demands therewith after five (5) days.

7. SUB-LEASE: The LESSEE shall not directly or indirectly sublet, allow or permit the leased
premises to be occupied in whole or in part by any person, form or corporation, neither shall the
LESSEE assign its rights hereunder to any other person or entity and no right of interest thereto
or therein shall be conferred on or vested in anyone by the LESSEE without the LESSOR'S written
approval.

8. PUBLIC UTILITIES: The LESSOR shall pay for its telephone, electric, cable TV, water, Internet,
association dues and other public services and utilities during the duration of the lease.

9. FORCE MAJEURE: If whole or any part of the leased premises shall be destroyed or damaged
by fire, flood, lightning, typhoon, earthquake, storm, riot or any other unforeseen disabling cause
of acts of God, as to render the leased premises during the term substantially unfit for use and
occupation of the LESSEE, then this lease contract may be terminated without compensation by
the LESSOR or by the LESSEE by notice in writing to the other.

10. LESSOR'S RIGHT OF ENTRY: The LESSOR or its authorized agent shall after giving due notice
to the LESSEE shall have the right to enter the premises in the presence of the LESSEE or its
representative at any reasonable hour to examine the same or make repairs therein or for the
operation and maintenance of the building or to exhibit the leased premises to prospective
LESSEE, or for any other lawful purposes which it may deem necessary.

11. EXPIRATION OF LEASE: At the expiration of the term of this lease or cancellation thereof, as
herein provided, the LESSEE will promptly deliver to the LESSOR the leased premises with all
corresponding keys and in as good and tenable condition as the same is now, ordinary wear and
tear expected devoid of all occupants, movable furniture, articles and effects of any kind. Non-
compliance with the terms of this clause by the LESSEE will give the LESSOR the right, at the latter's
option, to refuse to accept the delivery of the premises and compel the LESSEE to pay rent
therefrom at the same rate plus Twenty Five (25) % thereof as penalty until the LESSEE shall have
complied with the terms hereof. The same penalty shall be imposed in case the LESSEE fails to
leave the premises after the expiration of this Contract of Lease or termination for any reason
whatsoever.

12. JUDICIAL RELIEF: Should any one of the parties herein be compelled to seek judicial relief
against the other, the losing party shall pay an amount of One Hundred (100) % of the amount
clamed in the complaint as attorney's fees which shall in no case be less than P50,000.00 pesos in
addition to other cost and damages which the said party may be entitled to under the law.

This CONTRACT OF LEASE shall be valid and binding between the parties, their successors-in-
interest and assigns.

IN WITNESS WHEREOF, parties herein affixed their signatures on the date and place above
written.

(JAN LEANDRO P. VERZON) (PEPITO D. NANALOTO)

LESSOR LESSEE

Signed in the presence of:

__LOVE JIRAH P. JUMANGEE___ ________ANGEL NICOLE S. CATHOLIC______

 ACKNOWLEDGEMENT

Republic of the Philippines)

City of Tuguegarao) S.S

BEFORE ME, personally appeared:

Name Identification Date/Place Issued

(JAN LEANDRO P. VERZON) TIN: 093-543-000 March 2, 2017 /Tuguegarao City

(PEPITO D. NANALOTO) TIN: 123-654-000 January 07, 2005 /Tuguegarao
City

Known to me and to me known to be the same persons who executed the foregoing instrument
and acknowledged to me that the same is their free and voluntary act and deed.

This instrument consisting of 3 page/s, including the page on which this acknowledgement is
written, has been signed on each and every page thereof by the concerned parties and their
witnesses, and and sealed with my notarial seal.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public

Doc. No. 10; ATTY. JUN-JET D. ALVARADO

Page No. 5; NOTARY PUBLIC
Book No. VII; ROLL NO. 123456
Series of 2021 Adm. Matter No. MP-999 (2020-2021)
IBP No. 098765 : 01-04-20 :TUGUEGARAO
MC : COMPLIANCE No. XII-000024
Valid Until 31 December 2021
 Annex B

12345
 Annex C
DEMAND LETTER

January 10, 2020

Dear Mr. PEPITO D. NANALOTO:

This letter is to inform you that as of the date of this notice, I have not received
your rental payment that was due on January 1, 2020. Because rent is due on
the first of the month and will cover the rental unit for the month of January, 2020.

According to the terms of your rental agreement, found in Item 3 to 5, non -

payment shall cause the lessor to demand from the lessee the amount defaulted
therefrom.

The rent for the apartment is due and payable immediately or you will be evicted.
If you have any questions about this matter or have a special circumstance that I
need to be made aware of, please contact me at 09367351298. I look forward to
hearing from you and resolving this matter.

Sincerely,

JAN LEANDRO P. VERZON

Balzain East, Tuguegarao City, Cagayan
 Annex C
DEMAND LETTER

January 16, 2020

Dear Mr. PEPITO D. NANALOTO:

This letter is to inform you that as of the date of this notice, I have not received
your rental payment that was due on January 1, 2020. Because rent is due on
the first of the month and will cover the rental unit for the month of January, 2020.

According to the terms of your rental agreement, found in Item 3 to 5, non -

payment shall cause the lessor to demand from the lessee the amount defaulted
therefrom.

The rent for the apartment is due and payable immediately or you will be evicted.
If you have any questions about this matter or have a special circumstance that I
need to be made aware of, please contact me at 09367351298. I look forward to
hearing from you and resolving this matter.

Sincerely,

JAN LEANDRO P. VERZON

Balzain East, Tuguegarao City, Cagayan
 Annex D
EVICTION NOTICE

February 17, 2020

MR. PEPITO D. NANALOTO

Balzain East, Tuguegarao City

Dear Mr. Nanaloto:

It has been 30 days since you received my demand letter dated January 1 and 16, 2020
and still, you have failed to pay and still refuses to pay your arrears which have now
amounted to FIFTEEN THOUSAND PESOS (15,000.00)

Please be reminded that I have sent you several letters of demand for you to pay your
back rentals and to vacate the premises but the same letters have been left
unanswered. Consider this then, as my last and final demand for you to pay your
account within five (5) days from receipt and to VACATE THE premises within ten (10)
days from receipt of this notice. Otherwise, I shall be constrained to commence suit to
protect my interests.

Very truly yours,

JAN LEANDRO P. VERZON

Lessor
 Annex E

REPUBLIC OF THE PHILIPPINES

Barangay Balzain East
City of Tuguegarao
OFFICE OF THE LUPONG TAGAPAMAYAPA

JAN LEANDRO P. VERZON Barangay Case No. 1001

Complainant For: Ejectment Case

-against-

PEPITO D. NANALOTO
Defendant

CERTIFICATION TO FILE ACTION

This is to certify that:

1. There was no personal confrontation between the parties before the

Punong Barangay because the respondent was absent and that mediation failed.

2. The Pangkat Tagapagkasundo was constituted but there has been

no personal confrontation before the Pangkat likewise did not result into a settlement
because the respondent was absent.

3. Therefore, the corresponding complaint for the dispute may now be

filed in court/government office.

This 21st day of March 2021.

MARIO F. SEBASTIAN
Pangkat Secretary

Attested by:

__________________________ ________________________
Pangkat Chairperson Pangkat Member

_____________________
Pangkat Member

Noted by:

SATURNINO P. BURATAW
Punong Barangay /Lupon Chairperson
Annex F
Annex F
 Annex G

ACKNOWLEDGEMENT RECEIPT

Date: November 1, 2020

Received from PEPITO D. NANALOTO the amount of FIFTEEN THOUSAND PESOS

(P15,000.00) as payment for Monthly Rental of Apartment for the month October 1-31,
2020.

Received By: JAN LEANDRO P. VERZON Released By: PEPITO D. NANALOTO

NAME & SIGNATURE NAME & SIGNATURE

Address: BALZAIN EAST, TUGUEGARAO CITY