REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION

MUNICIPAL TRIAL COURT
BRANCH 001
MALAYONG, PUROK

AKIN ITO,
Plaintiff,

-VERSUS- CIVIL CASE NO. ___

FOR
EJECTMENT CAJUAN
CARLOS PAROLAN,
and all persons claiming rights under him,
Defendants.
x--------------------------------------------------------x

COMPLAINT

Plaintiff, by counsel, unto this Honorable Court respectfully states:

1. PLAINTIFF VINCENT MATEO WOLFE (hereinafter “PLAINTIFF”

for brevity), is a corporation duly organized and existing under and by virtue of the laws
of the Republic of the Philippines with address at House 2205, Jazz Residences, P.
Ocampo Ext., Makati City. A copy of the Birth Certificate to file this complaint and sign
the verification/certification is hereto attached and made integral part hereof as Annex
“A”;

2. Defendant JUAN CARLOS PAROLAN is of legal age, Filipino, and

with address at 6982 Involuntario Celestino Street, Poblacion, Makati City, where he may
be served with summons and other court processes (hereinafter “DEFENDANT” for
brevity);

This action includes as defendants all persons claiming rights under said
defendant or any or all occupants of a house and lot with address 6982 Involuntario
Celestino Street, Poblacion, Makati City.

3. PLAINTIFF is the owner of a house and lot with address 6982

Involuntario Celestino Street, Poblacion, Makati City (hereinafter referred to as the
“HOUSE”);

4. On January 14, 2016, defendant entered into a Contract of Lease with the
Plaintiff over the above HOUSE for a term of five (5) years at a monthly rental of TEN
THOUSAND PESOS (Php10,000.00) payable to the plaintiff on or before the 15 th day of
every month.
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A photocopy of the above mentioned Lease Contract is hereto made as an integral

part hereof and marked as Annex “B”.

5. Among the other stipulations agreed upon by plaintiff and defendant in

their lease contract are as follows:

a) Plaintiff is entitled to possession of the House upon expiration of

lease contract, as stated in paragraph 10 thereof, to wit:

“10. RETURN OF PREMISES – Upon termination of this contract

whether by reason of the expiration of the term or any breach per default
of the LESSEE, the LESSEE, shall without delay, return and surrender the
leased premises in as good and tenantable condition as they were at the
beginning of the lease, ordinary wear and tear excepted, devoid of all
occupants, xxx xxx”.

b) Plaintiff is entitled to the right to vacate the defendant and payment

of subsisting payments when the defendant failed to surrender
possession of the house to plaintiff, and this is stated in paragraph
11 thereof, to wit:

“11. FAILURE OF PAYMENT – If the LESSEE fails to pay the

LESSOR within thirty (30) days of the last month that LESSEE failed to
pay, the LESSOR shall have the right to vacate the LESSEE upon failure
to pay the lease within 30 days after the stated date xxx xxx”.

c) Plaintiff does not waive this right to vacate the defendant when the
period to vacate is not followed.

6. Defendant defaulted in paying his monthly rental on July 15, 2016 thus, on
June 16, 2016, plaintiff sent a demand letter to defendant to pay TEN THOUSAND
PESOS (Php10,000.00) unpaid rental as of that date. The said demand letter is hereto
attached and marked as Annex “D”.

7. Unfortunately, defendant failed to pay within thirty (30) days from the
above-mentioned date. However, on July 20, 2016, defendant sent a letter wherein the
latter promised to pay plaintiff the subsisting rental payment. Defendant has been
struggling financially since he was recently fired from his occupation as a football coach
and is currently looking for a new job to support his family. The Defendant’s letter of
promise of payment is hereto attached and marked as Annex “E.” Plaintiff was a good
friend of defendant since college and decided not to demand the rental payment and let
defendant search for a new job.
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8. Since June, plaintiff sent seven (7) letters to defendant on each 15 th day of
the month which were left unanswered. The last letter is dated April 15, 2017. Despite
these letters, Defendant was not able to pay the plaintiff since June 15, 2016 until the
point that he incurred unpaid rentals for the past ten (10) months, which in total amounted
to ONE HUNDRED THOUSAND PESOS (Php100,000.00) as of April 15, 2017 payable
to plaintiff. These letters are hereto attached and marked as Annexes “F,” “G,” “H,” I,”
“J,” “K,” and “L.”

9. The one year period for the filing of an ejectment case is reckoned from
the date of the last demand;

10. Despite the fact that the defendant is not anymore entitled to the
occupation and possession of the subject House by virtue of the expiration of contract,
the non-payment of rentals, and final notice and demand to vacate the same, defendant
refused and continuously fails to restore plaintiff PLAINTIFF to the possession of the
subject House;

11. The continuous possession by the defendant and his refusal to restore
PLAINTIFF to the possession of the House has become illegal and unlawful, and
PLAINTIFF is now entitled to the immediate possession of the same;

12. As the defendant is adamant in his refusal to vacate the House and to
enforce its rights and interest, PLAINTIFF was constrained to institute this suit and
engage the services of a counsel for which PLAINTIFF has to incur attorney’s fees of
TWENTY THOUSAND PESOS (Php 20,000.00);

13. To serve as an example for the public good to the end that a person be
discouraged from the unlawful possession of a property to which he has no more right
whatsoever, PLAINTIFF should be awarded exemplary damages of TWENTY
THOUSAND PESOS (Php20,000.00);

14. Likewise, PLAINTIFF is entitled to a reasonable rent of FIFTEN

THOUSAND PESOS (Php100,000.00) for the subject House, until defendants and all
persons claiming rights under them physically vacate the House addressed 6982
Involuntario Celestino Street, Poblacion, Makati City;

15. PLAINTIFF is also entitled to the other costs of the suit.

WHEREFORE, premises considered, it is respectfully moved unto this Honorable

Court that after due summary proceedings, judgment be rendered as follows:
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1. Defendant and all persons claiming rights under him be ordered to vacate
House the subject House, and restore VINCENT MATEO WOLFE (PLAINTIFF) to the
possession thereof;

2. PLAINTIFF be awarded the following to wit:

a) Php100,000.00 as and by way of unpaid rentals

b] Php20,000.00 as and by way of attorney’s fees;
c) Php20,000.00 as and by way of exemplary damages;

3. Costs of suit.

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

Makati City, April 19, 2017.

Atty. BRUCE RIVERA SALTIK

Counsel for PLAINTIFF
House 2-B, 2nd Floor Star Centrum Building
Sen. Gil Puyat Avenue, Makati City
P.T.R. No. 8439481 * Pasig City * January 11, 2013
I.B.P No. 882584 * Pasig City * January 10,uil 2013
MCLE No. III 14549 * Pasig City * April 26, 2010
Roll No. 16969
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REPUBLIC OF THE PHILIPPINES)

____________________________) SS.

VERIFICATION and CERTIFICATE OF NON FORUM SHOPPING

I, VINCENT MATEO WOLFE, of legal age and Filipino, after having been
duly sworn to in accordance with law, depose and state THAT:

I am the duly authorized representative of plaintiff in the above-entitled case as

evidenced by Secretary Certificate; I have caused the preparation and filing of the
foregoing Complaint and I have read and understood the contents thereof and the
same are true and correct to the best of my personal knowledge and based on
authentic records on hand;

Furthermore, in compliance with the Rules of Court, I hereby certify that I

have not commenced any other action or proceedings involving the same issues in
the Supreme Court, the Court of Appeals, or different divisions thereof, or any
other tribunal or agency; and that to the best of my knowledge, no such action or
proceeding is pending in the Supreme Court, the Court of Appeals, or any other
tribunal or agency. If I 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 shall notify the court, tribunal or agency within five (5) days from
notice.

AFFIANT SAYETH NAUGHT.

IN WITNESS WHEREOF, I hereunto affix my signature this July ___, 2013.

VINCENT MATEO WOLFE

Affiant

SUBSCRIBED AND SWORN to before me this April 19, 2017; affiant exhibited
to me her LTO I.D. Number BB- 13-45565.

DOC. NO. 11
PAGE NO. 3
BOOK NO. 10
Series of 2017.

Atty. JENNIFER CHRISTENSEN

Notary Public
Makati City