Unlawful Detainer Legal Forms Complaint

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT CITY OF MALAYBALAY BRANCH 9

MERIAM PIYA VILLAR Plaintiff, CIVIL CASE No. 82843 FOR: Unlawful Detainer

-versusTEOFISTO ENRILE SOTTO Defendant. x-----------------------------------x

COMPLAINT COMES NOW, the plaintiff, through the undersigned counsel and unto this Honorable Court, most respectfully avers: 1. 2.

3. 4.

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8. 9.

That the plaintiff, MERIAM PIYA VILLAR, is of legal age, Filipino citizen, single, with residence and postal address at Claro M. Recto Street, Malaybalay City; That the defendant, TEOFISTO ENRILE SOTTO, is of legal age, Filipino citizen, single, with residence and postal address at Casisang, Malaybalay City, where may be served with summons and other court processes therein by this Honorable Court; The plaintiff is the legal owner of a land over which an apartment had been constructed located 654 San Pedro Street, Manila; By virtue of a contract of lease, the plaintiff leased unto the defendant the aforesaid apartment for a consideration of P8,000.00 a month as rental to be paid within the 15th day of the month starting April 15, 2012; Such Contract of Lease as Annex “A” as attached thereto stipulates that any violation in the forgoing provisions shall subject the contract to be terminated and the lessee to vacate the premises; The defendant failed to pay the agreed rental for eight months starting May 15, 2013 up to the present; On December 10, 2013, the plaintiff sent a letter of demand to vacate the apartment which was received by the defendant as shown in the registry return receipt hereto attached as Annex “B”; Despite the said letter of demand which was followed up by oral demands, the defendant failed to pay the agreed amount of rentals and to vacate the apartment; By reason of failure of the defendant to vacate the premises and to pay the unpaid rentals, the plaintiff was compelled to file this complaint engaging the services of counsel in the amount of P30,000.00.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that judgement be rendered in favor of the plaintiff and that after judgement; 1. To vacate the subject premises;

2. To pay the amount of P5,000.00 per month as compensation for the reasonable use of the subject premises until they finally vacate the said premises; 3. To pay the plaintiff the cost of the suit Such other reliefs and remedies under the premises are likewise prayed for. Malaybalay City, Philippines, this 28th day of February 2014.

CHRISTIE DELUTE LIM Counsel for the Plaintiff Roll of Attorney No. 98765 IBP No. 12345/2-5-12/Manila PTR No. 87654/12-22-11/Manila

VERIFICATION/CERTIFICATION OF FORUM SHOPPING

Republic of the Philippines ) City of Malaybalay ) S.S.

I MERIAM PIYA VILLAR, of legal age, Filipino citizen, single and resident of Claro M. Recto Street, Malaybalay City, after having been duly sworn to in accordance with law do hereby depose and say: 1. That I am the plaintiff in the above-entitled case; 2. That I have caused the preparation of the foregoing complaint and have read the allegations contained therein; 3. The allegations in the said complaint are true and correct of my own knowledge and authentic records; 4. I hereby certify that I have not commenced any other action or proceeding involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of my knowledge, no such other action or claim is pending therein; 5. That if I should learn thereafter that a similar action or proceeding has been filed or is pending, I hereby undertake to report that fact within five (5) days therefrom to the court or agency where the original pleading and sworn certification contemplated herein have been filed; 6. I executed this verification/certification to attest to the truth of the foregoing facts and to comply with the provisions of Adm. Circular No. 04-94 of the Honorable Supreme Court. IN WITNESS WHEREOF, I have hereunto affixed my signature this 28th of February 2014, in the City of Malaybalay.

MERIAM PIYA VILLAR Plaintiff

SUBSCRIBED AND SWORN to before me this 1st day of March, 2014, in the City of Malaybalay, affiant exhibiting to me his Driver’s License No. 855421 issued by the Land Transportation Office on April 8, 2013 at the City of Malaybalay

CHRISTIE DELUTE LIM Counsel for the Plaintiff Roll of Attorney No. 98765 IBP No. 12345/2-5-12/Manila PTR No. 87654/12-22-11/Manila

Doc. No. ________ Page No. _______ Book No. _______ Series of 2012.