Republic of the Philippines

National Capital Region

Municipal Trial Court
Las Pinas
Branch ____

PHILIPPINE ARMY,
Plaintiff,

-versus- Civil Case No._____

For: Ejectment

JULIE MANARANG,
Defendant.
x-------------------------------------------x

COMPLAINT

COMES NOW, plaintiff by the undersigned counsel and unto this

Honorable Court, most respectfully states, that:

1.) Plaintiff is of legal age, married and with residence address at Blk
1Lot 16 &17 Greenvale II, Marcelo Village while defendant is of
legal age, married and a resident of No. 12 Rosas Street,
Vergonville Subdivision, Las Pinas City, where he may be served
with summons and other court process of this Honorable Court;

2.) Plaintiff is the absolute owner of a real property situated at No.

12Rosas Street, Vergonville Subdivision, Las Pinas City, which is
the residence address of the defendant. The above property is
covered by Transfer Certificate of Title no. (32215) T-36118-A of
the Registry of Deeds of Las Pinas City registered in the name of
Household Development Corporation. Copy of the Transfer
Certificate of title is hereto attached and marked as Annex “A”;

3.) That Household Development Corporation had previously

executed a Deed of Absolute Sale in favor of plaintiff Rufino
 Rivera, copy of the Deed of Absolute Sale is hereto attached as
Annex “B” and is made an integral part hereof;

4.) Sometime 1998, a conditional deed of sale was executed by and

between plaintiff and defendant whereby plaintiff offered to sell
and defendant offered to purchase the above described parcel of
land in the amount of P951,000.00 computed at P3,000.00 per
square meter of the total area 317 sq meter. payable on installment
at P15,000.00a month for 64 months;

5.) Of the total contract price of P951,000.00, defendants were able to

make payments in the total amount of P361,500.00 only leaving a
balance of P651,000.00 as of sometime year 2000, which was the
last date of payment. No further payments were made thereafter;

6.) Sometime August 17, 2004, a demand letter to pay defendant’s

outstanding balance was sent to defendant but to no avail. Copy of
the letter is hereto attached as Annex “C” and is made integral part
hereof. Defendant refused to make payments and have to date not
paid his outstanding balance of P651,000.00 despite repeated
demands both oral and in writing;

7.) On December 13, 2007, plaintiff thru counsel sent another demand
letter this time rescinding the contract to sell and to vacate the
premises within 10 days from receipt of the said letter. The said
letter was received by defendant thru his wife last____________.
Copy of the letter demand to vacate and the proof of receipt is
hereto attached and marked as Annex “D”;

8.) Despite demands by plaintiff to vacate the premises, defendant

refused and still refuses to vacate the premises;

9.) Due to unjustified refusal and failure of defendant to vacate the

subject property, plaintiff was constrained to engage the services of
undersigned counsel for which defendant should be ordered to pay
attorney’s acceptance fees in the amount of P50,000.00 and
appearance fees of P2,500.00 for every court appearance;

10.) As reasonable value for the use and continued occupation of the
premises from the date of filing of this complaint, defendant
 should likewise be ordered to pay the sum of FIVE THOUSAND
PESOS(P5,000.00) a month up to the time he finally vacates the
premises;

11.) Considering that the parties involved in this case are not
residents of the same barangay or adjacent barangays, referral for
barangay conciliation is dispensed with;

12.) For the unjustified refusal of defendant in not vacating the

premises, they should be made liable to pay costs of suit.

PRAYER

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

Honorable Court that judgment be rendered ordering defendants and all persons
claiming rights under them, to wit:

1.) To vacate the subject premises and to surrender peaceful

possession thereof to plaintiffs;

2.) To pay the sum of P5,000 per month as reasonable compensation

for the use of the property as reasonable value for the use of the
premises;

3.) To pay the sum of P50,000.00 as attorney’s fees and appearance

fees of P2,500.00;

4.) To pay costs of suit.

Plaintiff prays for other remedies, just and equitable under the
premises.

Quezon City. February 21, 2008

 MARIA LOURDES PAREDES GARCIA
Counsel for Plaintiff
Wheels Executive Suites
Wheels Building No. 222
E. Rodriguez Sr. Ave., Quezon City

VERIFICATION AND CERTIFICATION

I, RUFINO RIVERA, of legal age, under oath, states:

1.) That I am the plaintiff in the foregoing case and that I have
caused the preparation of the above Complaint;

2.) That I attest to the truth of all the allegations in the same
petition of my own personal knowledge;

3.) In compliance to the Supreme Court circular against forum

shopping, I hereby certify that: a) I have not commenced any
other action or proceeding involving the same issues before the
Supreme Court, or Court of Appeals, or any other tribunal or
agency; b) to the best of my knowledge, no such action or
proceedings is pending in the Supreme Court, Court of Appeals
or any other tribunal or agency; c) If I should learned that
similar action or proceeding has been filed or is pending before
such tribunal or bodies, I shall report that fact within five
(5)days therefrom to the court or agency where the original
pleading and sworn certification have been filed.

RUFINO RIVERA
Affiant

SUBSCRIBED and SWORN to before me this ___ day of Feb 21, 2008,
affiant exhibiting to me his residence certificate no. ______ issued on _______ at
_____________.
Doc. No. _____
Page No. ____
Book No. ____
Series of 2008.