Republic of the Philippines a.

Jurisdiction
MUNICIPAL TRIAL COURT IN CITIES b. Venue
c. Caption
7th Judicial Region
Branch 2 a. Jurisdiction
City of Tagbilaran b. Venue
c. Caption

a. Jurisdiction EVELINA ORA,

b. Venue Plaintiff, Civil Case No. 1234
c. Caption

- versus - For:
UNLAWFUL DETAINER with
SPOUSES RIZAL DAMI and DAMAGES
JANE DAMI,
Defendants,
x-------------------------/
a. Title of the action,
b. Cause of action,
COMPLAINT c. Caption

COMES NOW the Complainant, and unto to this Honorable

Court, most respectfully alleges:

1. That plaintiff Evelina Ora is Filipino, of legal age, and a resident

of Lot 1 Blk 1 Carmenville subd. Minglanilla, Cebu where she
may be served with orders and legal processes of the honorable
Court;

Important for 2. That the defendants are both Filipinos, of legal ages and
service of: presently residing in Blk. 1, Lot 4 Sampaguita st. Lindaville
a. Summons
b. Subpoena subd. Tiptip district, Tagbilaran City, Bohol, Philippines where
c. Orders of they may be served with summons, orders and legal processes
the court of the honorable court;

3. That the plaintiff is the registered owner of a parcel designated

as Lot Blk. 1, Lot 4 situated in Sampaguita st. Lindaville subd.
Tiptip district, Tagbilaran City, Bohol covered by Transfer
Certificate of Title No. 123456 and Tax Declaration numbered
2022-12345 for the building thereon bearing its assessed value of
Nine Hundred Thousand Pesos only (₱ 900,000.00;

a. Immaterial to the case,

b. Material to the case,
c. Subjective application to the
case
 4. That the plaintiff acquired the subject parcel of land in the public
auction sale on June 15, 2022 conducted by the Sheriff of RTC in
Tagbilaran. The said sale was registered at the Register of Deeds
(ROD) in the City of Tagbilaran and Transfer Certificate of Title
No. 123456 was issued therefor bearing the name of the plaintiff.
Copy of the said certificate is hereto attached as ANNEX “A”;

5. That armed with the said certificate of Title, on July 8, 2022, the
plaintiff personally demanded the defendants to vacate the
property. The defendants asked for one (1) month to find a place
which the plaintiff agreed and tolerated until the third month
thereafter. However, the defendants are still in possession of the
property and now refuse to leave;

6. That on August 28, 2022, the plaintiff filed a complaint at the

a. LACK of barangay of Tiptip in Tagbilaran City. However, during the three
cause of (3) barangay confrontations, the parties did not come up with an
action,
agreement and the defendants stubbornly refused to vacate the
b, FAILURE property. Thus, the barangay issued a Certificate of File Action
to state a in favor of the plaintiff. Copy of the said certificate is hereto
cause of
action attached as ANNEX “B”;

7. That the defendants have been illegally occupying the house on

the subject despite the demand letter sent to them. Copy of the
demand letter is hereto attached as ANNEX “C”;

8. That the possession of the defendants is illegal and is considered

an Unlawful Detainer. A case1 provides:

A complaint for unlawful detainer is sufficient if the following

allegations are present:

1. initially, possession of property by the defendant was by

contract with or by tolerance of the plaintiff;
2. eventually, such possession became illegal upon notice by
plaintiff to defendant of the termination of the latter's right of
possession;

1
LEONORA RIVERA-AVANTE vs.MILAGROS RIVERA AND THEIR HEIRS WITH THE LATE
ALEJANDRO RIVERA, and ALL OTHER PERSONS WHO ARE DERIVING CLAIM OR RIGHTS
FROM THEM G.R. No. 224137, April 3, 2019.

2
 3. thereafter, the defendant remained in possession of the
property and deprived the plaintiff of the enjoyment thereof;
and
4. within one year from the last demand on defendant to vacate
the property, the plaintiff instituted the complaint for
ejectment.

9. That the plaintiff shall present the following witnesses:

a. EVELINA ORA herself to prove and substantiate the

allegations in this complaint;
b. LORNA ILANG, records officer of the Register of Deeds of
Tagbilaran City to prove that the Transfer Certificate of Title
No. 123456 was validly issued to the plaintiff;
c. (omitted)

10. That the witnesses’ open court testimony shall be supported by

the following documentary evidence:
a. Transfer Certificate of Title No. 123456 – to prove that the
plaintiff is already the new owner of the subject property;
and
b. Tax Declaration numbered 2022-12345 – to prove the value
of the building on the subject property;
c. (omitted)

PRAYER

Wherefore, Premises considered, it is most respectfully prayed

to this Honorable Court that the defendants be held liable for
UNLAWFUL DETAINER, and an order be issued directing the
defendants to immediately vacate Lot Blk. 1, Lot 4.

Other reliefs just and equitable under the circumstance also

prayed for.

Tagbilaran City, Bohol, Philippines. November 27, 2022.

TANGGOL AND DALISAY LAW OFFICE

CPG Ave. Tagbilaran City
Tel No. (038) 123-4567
e-mail address: tanggoldalisayoffice@gmail.com

3
 By:

Atty. RICARDO DALISAY

ROLL No. 12345; TIN 123-456-789
PTR No. A123456, 01/03/2022, Tagb. City
IBP No. 123456789, Bohol
MCLE COMPLIANCE NO. V-00112233, until 04/20/2025

VERIFICATION & CERTIFICATION

We, SPS. RIZAL DAMI and JANE DAMI, of legal ages, both
Filipinos, married to each other, and presently residing Blk. 1, Lot 4
Sampaguita st. Lindaville subd. Tiptip district, Tagbilaran City, Bohol,
Philippines after having been duly sworn to in accordance with law,
do hereby declare and state:

1. That we are the Defendants in the above-captioned case;

2. That we have caused the preparation and filing of the
foregoing Answer;
3. (all others omitted)

IN WITNESS WHEREOF, we have hereunto affixed our

signatures this November 27, 2022 at Tagbilaran City, Bohol,
Philippines.

EVELINA ORA
Affiant

SUBSCRIBED AND SWORN to before me this 27th of November

2022 at Tagbilaran City, Bohol, Philippines.

Atty. RICARDO DALISAY

NCS No. 2021-54
ROLL No. 12345; TIN 123-456-789
PTR No. A123456, 01/03/2022, Tagb. City
IBP No. 123456789, Bohol
MCLE COMPLIANCE NO. V-00112233, until 04/20/2025