sample complaint for ejectment.doc

Republic of the Philippines MUNICIPAL TRIAL COURT Legazpi City LIWANAG DILIMAN Plaintiff -versus-

Civil Case No. 321654 For: Unlawful Detainer

RESURRECCION MAKABUHAY, Respondent x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

COMPLAINT PLAINTIFF,

by

counsel,

and

unto

this

Honorable

Court,

most

respectfully allege: -THAT1. Plaintiff is of legal age, Filipino, with residence and postal address at Purok 2, Barangay Malamig, 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 Barangay Mainit, Legazpi City, where she may be served summons and other court processes; 3. Plaintiff is the absolute owner and lessor of that certain apartment situated at Legazpi City and now leased and occupied by the respondent; 4. Plaintiff and Respondent had known each other for a long time having studied in the same college and have been friends since then; 5. The respondent leases and occupies the said apartment from January 1, 2010 until December 31, 2012 as agreed upon between the plaintiff and the respondent in the lease contract executed on January 1, 2010 under the express obligation to pay a monthly

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rental of P 6,000.00; (Copy of Contract of Lease is hereto attached as Annex “A”) 6. The lease contract of the respondent for the occupation of the building has been terminated on December 31, 2012 and has not been renewed or extended; 7. During the course of the respondent’s occupation of the said apartment, respondent has failed to pay her rentals for the months of August, September, October, and November 2011, and April, May and June, 2012; 8. Respondent

has

continued

to

occupy

the

said

apartment

notwithstanding the fact that her contract of lease has been terminated on December 31, 2012 thus depriving the plaintiff from having the said apartment leased by other persons; 9. Several demands to vacate was made by plaintiff to respondent, although orally, but respondent refused to vacate the said apartment and return possession to the plaintiff; 10.

On March 30, 2013, plaintiff sent a letter to respondent as a last

and final demand for respondent to vacate plaintiff’s apartment; (Copy of Demand Letter is hereto attached as Annex “B”) 11.

Until now Respondent still refuse to vacate and restore

possession and pay his rentals for the months of August, September, October, and November 2011, and April, May and June, 2012 during his occupation of the apartment; 12.

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; 13.

Before filing of this complaint, the dispute has been referred to

the Lupong Tagamayapa of Legazpi City but the parties failed to arrive at an amicable settlement; (Certificate to File Action is hereto attached as Annex “C”)

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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 FORTY

TWO THOUSAND

(P 42,000.00)

PHILIPPINE CURRENCY, representing the arrears of rent now overdue. 3. To pay the costs for this suit. Other reliefs just and equitable under the premises are likewise prayed for. Legazpi City, Philippines, April 29, 2013.

BIG LAW OFFICE Counsel for Plaintiff Rm. 321, 3rd Floor, Very Tall Building, Legazpi City

By:

ATTY. SERIO SO PTR No: 0816199 (2013) IBP No.:100682 (2013) MCLE Compliance No.: III-0025943 (2013) Roll No.: 246981

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