Recovery of possession...
Republic of the Philippines REGIONAL TRIAL COURT CITY OF CEBU
Nilo Larsaga, Plaintiff, Civil Case No. 12345 For: Accion Publiciana Ejectment -versusMeldy Larsaga, Defendant. xx----------------------------------------xx COMPLAINT PLAINTIFF, by counsel, respectfully states that: The Parties 1. Plaintiff is a Filipino, of legal age, and resident of Unit 69, BabyJosh Apartments, Maguikay, Mandaue City, Cebu; 2. Defendant is also a Filipino, of legal age and resident of No. 35 Pari-an, Cebu City, where he may be served with summons and other court processes. The Facts 3. Plaintiff owns that property (house and lot) located at No. 35 Pari-an, Cebu City which is being occupied by the Defendant (sister of plaintiff). A copy of the Transfer Certificate of Title No. 12345 with corresponding Tax Declaration is attached as ANNEX “A” and made an integral part of this complaint. 4. Said property is paraphernal to Rosario Larsaga (mother of plaintiff) in which Plaintiff bought from her on July 1, 1998 for a consideration of One Million Five Hundred Thousand Pesos (P1,500,000). A copy of the Deed of Sale is attached as ANNEX “B” and made an integral part of this complaint. 5. The payment of the above-stated purchase price was made through Manager’s Check (cash outflow duly reflected in Passbook) in favor of Rosario Larsaga where it clearly indicated that the amount was for the purchase of the TCT No. 12345. A copy of the Manager’s Check and its corresponding Passbook is attached as ANNEX “C” and made an integral part of this complaint.
6. Plaintiff informed defendant his intention to use the property and asked the latter to vacate the premises. A Notice to Vacate was sent to Defendant on September 21, 2012 which was received September 26, 2012 by personal service. A copy of Plaintiff’s Notice to Vacate is attached as ANNEX “D” and made an integral part of this complaint. 7. Despite demand duly made and received, defendant has refused to vacate and continues to occupy the property without plaintiff’s consent. Resort to the Barangay Conciliation System proved futile as defendant refused to appear before the Lupong Tagapamayapa. A Certification to File Action is attached as ANNEX “E” and made an integral part of this complaint. 8. Defendant’s act of dispossession has caused Plaintiff to suffer material injury because Plaintiff was constrained to rent an apartment in Mandaue City with a monthly rental of Twenty Five Thousand Pesos(P25,000) per month (or an aggregate rental of Five Hundred Fifty Thousand Pesos (P550,000) from date of demand to present). Such costs may have been avoided had defendant vacated the property. Defendant’s continued occupation of the property also forced Plaintiff to sue and to incur legal expenses amounting to Fifty Thousand Pesos (P50,000).
Prayer WHEREFORE, it is respectfully prayed that judgment be rendered against the defendant ordering him: 1. To vacate the property and peacefully turn over possession to Plaintiff; 2. To pay the amount of Five Hundred Fifty Thousand Pesos (P550,000) as Actual Damages for rental expense incurred by Plaintiff for September 2012 to July 2014. 3. To pay a monthly rental of P25,000 beginning with the month of August, 2014, with interest thereon at the legal rate until fully paid until the defendant vacates said property; 3.
To pay the sum of Fifty Thousand Pesos (P50,000) as litigation expenses and attorney’s fees.
Plaintiff further prays for such other reliefs as this Court may deem just and equitable. Cebu City, Philippines, July 24, 2014. Atty. Joseph Alfie A. Logroño Notary Public Commission No: 21567667 Until December 31, 2014 Rm. 201 Osmeña Bldg, Colon St. Roll of Attorney No. 54321 IBP Lifetime member, Cebu City PTR No. 476421; 1/1/14; Cebu City MCLE Compliance No. 235; 2/1/14