Republic of the Philippines

REGIONAL TRIAL COURT

Branch 208
Mandaluyong City

JUAN DELA CRUZ,

Plaintiff,
Civil Case No. 12345678
-versus-
For: ACCION PUBLICIANA
MARIA SAN PEDRO,
Defendant.

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COMPLAINT
Plaintiff, by counsel and to this Honorable Court, respectfully alleges that:

1. Plaintiff is of legal age, single, Filipino and a resident of barangay Wack Wack
Pasig City, while defendant is also of legal age, single, Filipino, and a resident of Boni
Avenue Antipolo City, where she may be served with summons and other legal
processes;

2. Plaintiff is the absolute and registered owner of a parcel of land consisting

more or less one hectare, located in Antipolo City Philippines, and covered by Original
Certificate of Title No. 12345 under his name (plaintiff). Attached hereto copy Certificate
of Title No. 12345 is attached hereto as Annex “A”;

3. The above-described property bequeathed by plaintiff’s parents sometimes in

2000. It was only in 2010 that plaintiff knew the unlawful possession of the defendant
over the subject land and built structure without his consent in 1 thousand square meter of
land registered under his name. Attached hereto photos of structure as Annex “B”

4. Plaintiff did not reside on the subject property and also did not employ an
overseer or caretaker to watch over said property, and did not enter into any agreement
from defendant anent to subject parcel of land.

5. Plaintiff despite numerous oral and written demands to vacate and surrender
possession to the plaintiff, the defendant refuse and continues to do so or the demand by
plaintiff, but no avail.

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 7. Since the defendant ignored the demands made by plaintiff, defendant was
given a demand letter dated November 10, 2020 asking her to vacate plaintiff’s property
within five (15) days from receipt thereof. And with the amount of Php 25, 000.00
monthly representing reasonable rentals for the use of subject property from date of
demand until the date that defendant finally vacate the premises. Attached hereto
Demand Letter dated November 10, 2020 and was received by defendant on December
10, 2020 as Annex “C”.

7. Notwithstanding the oral and written demands made by plaintiff, defendant still
refused to vacate the subject property. Such stubborn refusal prompted plaintiff to initiate
this complaint against the defendant.

8. Despite earnest efforts, the defendant refused and still refuses to vacate
plaintiff’s property without legal cause. Let it be emphasized that defendant, without any
color of title whatsoever, entered and occupied plaintiff’s property through stealth and
built a structure thereon and without plaintiff’s knowledge and consent, thereby depriving
the plaintiff of the lawful possession and enjoyment of his property.

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 five thousand pesos (P
25,000.00) monthly representing reasonable rentals for use of subject premises;
c. to pay plaintiff attorney’s fees in the amount of thirty thousand pesos
(P80,000.00).

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

Mandaluyong City, National Capital Region, Philippines, March 4, 2021.

ATTY. KRIZALDY S REGLO

Counsel for Plaintiff
AREGLO Law Office
Maysilo PNP Building, Mandaluyong City
PTR No. 77777/January 5, 2020/Mandaluyong City

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 IBP No. 77777/January 5, 2020/Mandaluyong City
MCLE Compliance No. 77777
Roll No. 11111

Copy Furnished:

MARIA SAN PEDRO

Boni Avenue
Antipolo City

VERIFICATION AND CERTIFICATION

AGAINST FORUM SHOPPING

I, JUAN DELA CRUZ, of legal age, single, Filipino, and a resident of barangay
Wack Wack Pasig City, Philippines 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 4th day of March 2021, at Mandaluyong City, National
Capital Region, Philippines.

JUAN DELA CRUZ

Plaintiff

Subscribed and sworn to before me, this 4 th day of March 2021, affiant appearing
before me and exhibited to me his Professional Regulatory Commission License No.
G0D-77777 issued on December 25, 2018 at City of Manila, Philippines.

Doc. No. 26
Page No. 04
Book No. 21
Series of 2021.

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