Republic of the Philippines

MUNICIPAL TRIAL COURT

Legazpi City

MAE ANN B. DISTURA

Plaintiff,

Civil Case No. 43567

For: Unlawful Detainer

LAWRENCE L. LOPEZ

Respondent

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COMPLAINT

PLAINTIFF, by counsel, and unto this Honorable Court, most respectfully allege: THAT

1. Plaintiff is of legal age, Filipino, with residence and postal address at 456 Brgy.
Pawa Bogtong Legazpi City where she may be served notices and other court
processes;

2. Respondent is of legal age, Filipino, with residence and postal address at 1 EM’S
Barrio Legazpi City Albay;

3. Plaintiff is the absolute owner and lessor of that certain apartment situated in
Bogtong Legazpi City and now leased ad occupied by the respondent;
4. Pursuant to the lease contract (Exhibit A) executed by the plaintiff and the
respondent dated October 8, 2022, the respondent is obliged to pay a monthly rental
payment of P8,000.00 to the plaintiff;

5. A stipulation in the said lease contract provides that in case of default by the
lessee of the payment of the rent such as when the checks are dishonored, the plaintiff
at its option may terminate this contract and eject the lessee;

6. On December 28, 2022, the plaintiff tried to demand the payment to the
respondent corresponding to the rental payment for the month of November but the
respondent failed to settle the payment;

7. On the same day, plaintiff informed the respondent that the latter’s check was
dishonored and demanded that formed be paid in cash instead but the respondent
failed to do so;

8. On January 21, 2023, the plaintiff again demanded payment corresponding to the
rental payment for the month of February but the same was rejected by the respondent;

9. On the same day, plaintiff again went to the respondent and demanded for the
payment of the two consecutive months and for respondent to vacate the premises but
respondent failed to tender payment and refused to vacate the premises;

10. On February 4, 2023, plaintiff, with assistance of a counsel, sent a formal demand
letter (Exhibit B) to the respondent giving him 10 days to make his rental payment and
vacate the premises

11. On February 14, 2023, at the expiration of the ten-day grace period given by the
plaintiff, the respondent still has not made his payment and consistently refused to
vacate the apartments;
12. Until now, respondent still refuse to vacate and restore possession and pay his
rentals.

13. Thus, respondent is unlawfully withholding possession of the subject apartment

from the plaintiff despite last and final demand, to the damage and prejudice of the
plaintiff;

14. Before filing this complaint, the dispute has been referred to the Lupong
Tagapamayapa of Legazpi City but the respondent failed to appear, hence, no amicable
settlement was made (Exhibit C).

PRAYER

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

Court that after due notice and hearing, judgment be rendered in favor of Plaintiff:

1. For the restitution of the abovementioned apartment;

2. For the payment of TWENTY THOUSAND PESOS (P16,000.00), Philippine

currency, representing the arrears of rent now overdue;

3. To pay the cost of the suit

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

Legazpi City, Philippines, February 14, 2023.

ATTY. RACHEAL B SANTOS

Counsel for Plaintiff

Santos & Associates Law Firm

Rawis, Legazpi City Albay

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

Republic of the Philippines

(City of Legazpi ) S.S.

I, MAE ANN B. DISTURA, of legal age, after having been duly sworn in accordance with
law, depose and state that:

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true and correct of
my personal knowledge and/or on the basis of copies of documents and records in my
possession;

4. I have not commenced any other action or proceeding involving the same issues in
the Supreme Court, the Court of Appeals, or any other tribunal or agency;

5. To the best of my knowledge and belief, no such action or proceeding is pending in

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

6. If I should thereafter 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 undertake to report that fact within five (5) days therefrom to this Honorable
Court.
Legazpi City, Philippines, February 14, 2023

__________________

MAE ANN B. DISTURA

SUBSCRIBED AND SWORN to before me this 14th day of February 2023 at

Legazpi City, Philippines affiant exhibiting to me her Passport No. 0974039 issued in
DFA Legazpi 2022.

Doc. No.___________; Rochelle Santos

Page No.___________; NOTARY PUBLIC for Legazpi

Book No.__________; Commission Serial No.______

Series of 2016. Until December 31, 2016

Roll of Attorney_______

IBP No.________

PTR No._______