REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES

FOURTH JUDICIAL REGION
PROVINCE OF RIZAL
CITY OF ANTIPOLO

D.W. Lee,
Complainant,

- versus - CIVIL CASE NO. _________

FOR: EJECTMENT (Unlawful Detainer)

Mr. X Sy and all persons claiming

rights under the real property owned
by the complainant,
Defendants.

COMPLAINT

COMES NOW, the complainant, and unto this Honorable Court, most
respectfully avers:

1. That complainant is of legal age, Filipino citizen, with postal address at #123
ABC St. Antipolo City, Rizal;

2. That defendants Mr. X Sy, et. al., are of legal age, Filipino citizens, and with
postal address at #456 DEF St. Antipolo City, Rizal, where they may be
served with summons and other processes by this Honorable Court;

3. That the subject lot/premises was originally owned by the deceased

parents of the complainant and has been transferred the ownership to the
latter by means of succession as evidenced by Transfer Certificate of Title
No. T-789000 under the name of the complainant. Copy of Transfer
Certificate of Title No. T-789000 is hereto attached as Annex “A” hereof;

4. That the defendant has been occupying the said premises at #456 DEF St.
Antipolo City, Rizal for more than ten (10) years taking into account that
they were allowed by the deceased parents of the complainant to put up a
structure in the subject premises in order to avoid trespassers or squatters
therein;

5. That the complainant intended to sell the subject property but no

prospective buyer would purchase the same if there are occupants therein;
 6. That the defendants have been informed by the complainant to vacate the
premises. However, the former refused to vacate the subject property and
were now claiming for compensation as caretakers thereof for the number
of years they have resided on such property;

7. That on March 9, 2023, the complainant send a demand letter addressed to

the defendants to vacate the premises in consideration that he wishes to
sell the subject inherited property. Copy of the demand letter personally
served to the defendants is hereto attached as Annex “B” hereof;

8. That despite repeated demands orally and in writing, defendants refused

and continuously failing to vacate the said premises;

9. That as a result of the unwarranted and unjustifiable refusal of the

defendants to vacate the aforesaid premises. Complainant suffered
sleepless nights and serious anxieties in which he should be awarded the
amount of fifty thousand pesos (P50,000.00) as moral damages, and to set
an example to the public, complainant should be awarded exemplary
damages in the amount of fifty thousand pesos (P50,000.00).

Prayer

WHEREFORE, premises considered, it is most respectfully prayed unto this

Honorable Court that, after hearing, judgment ne rendered as follows:

1. Ordering the defendants, and all persons claiming right under them to
vacate the subject property;

2. Ordering the defendants to pay the complainant the amount of fifty

thousand pesos (P50,000.00) as moral damages, and fifty thousand pesos
(P50,000.00) as exemplary damages;

3. Ordering the defendants to pay the cost of the suit.

Such other relief as may be deemed just and equitable under the premises
are likewise prayed for.

Mandaluyong City for Antipolo, Rizal, March 16, 2023.

VICTORIA DANA CALICA

Counsel for the Complainant
Mandaluyong City
XXX

(VERIFICATION and CERTIFICATION

AGAINST FORUM SHOPPING
follows)
REPUBLIC OF THE PHILIPPINES)
MANDALUYONG CITY) S.S.

VERIFICATION and CERTIFICATION

AGAINST FORUM SHOPPING

I, D.W. Lee, of legal age, Filipino and single, after having been duly sworn
to in accordance with law, herein depose and state:

That I am the Complainant in the instant case;

That I have read the contents of the foregoing Complaint and the same
are true and correct of my own personal knowledge and belief and/or based on
authentic documents;

That this Complaint is not filed to harass, cause unnecessary delay, or

needlessly increase cost of litigation;

That the factual allegations herein have evidentiary support or, if

specifically identified, will likewise have evidentiary support after a reasonable
opportunity for discovery;

That I have not heretofore commenced any other action or proceeding

involving the same issues in the Supreme Court, the Court of Appeals, or any
other tribunal or agency;

That to the best of my knowledge, no other action is pending before the

Supreme Court, the Court of Appeals or any other tribunal or agency;

That should I learn that a similar action is pending before the Supreme
Court, the Court of Appeals or any other tribunal or agency, I will notify the
Honorable Court within five (5) days from such notice.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 16th

day of March, 2023.

D.W. Lee
Affiant

SUBSCRIBED AND SWORN TO before me this 16th day of March, 2023 in

Mandaluyong City, Philippines, affiant personally appeared and exhibited to me
his Postal Identity ID No. PRN1234XXXX valid until 24 January 2024, which is
competent evidence of identity.

Doc. No. 169;

Page No. 345;
Book No. 3;
Series of 2023. ATTY. VICTORIA DANA CALICA
NOTARY PUBLIC
XXX