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Complaint Unlawful Detainer

This document is a complaint filed by AGBS against WXYZ for unlawful detainer. AGBS alleges that she leased door A of her property to WXYZ for 2 years starting July 2019, but WXYZ failed to pay rent from September 2020 to February 2021 and refused to vacate the property despite demands. AGBS prays that the court order WXYZ to vacate, pay unpaid rent of PHP 60,000, and pay PHP 10,000 monthly until vacating. Attached are documents establishing ownership, the lease contract, notices, and an affidavit.

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265 views5 pages

Complaint Unlawful Detainer

This document is a complaint filed by AGBS against WXYZ for unlawful detainer. AGBS alleges that she leased door A of her property to WXYZ for 2 years starting July 2019, but WXYZ failed to pay rent from September 2020 to February 2021 and refused to vacate the property despite demands. AGBS prays that the court order WXYZ to vacate, pay unpaid rent of PHP 60,000, and pay PHP 10,000 monthly until vacating. Attached are documents establishing ownership, the lease contract, notices, and an affidavit.

Uploaded by

Gracia Sullano
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES


Fifth Judicial Region
City of Legazpi
Branch 1

AGBS
Plaintiff,

- versus - CIVIL CASE NO. CV-_____


FOR: Unlawful Detainer

WXYZ
Defendant.
x- - - - -- - - - - - - - - - - - - - - - - - - x

COMPLAINT

PLAINTIFF, through counsel, most respectfully states:

PARTIES

1. That the plaintiff, AGBS, is of legal age, Filipino citizen, single, with residence
and postal address at 1242 10TH Street, Our Father’s Village, Bitano, Legazpi
City and with capacity to sue and be sued;

2. That the defendant, WXYZ, is of legal age, Filipino citizen, single, with residence
and postal address at 111 Imperial Street, Legazpi City, where he may be served
with summons and other court processes;

FACTS

3. That the plaintiff is the owner of a land containing an area of 300 square meteres
with TCT No. 12345, over which a five-door apartment had been constructed
located at 888 5th Street, Our Lady’s Village, Bitano, Legazpi City. A copy of the
land title is attached hereto as Annex “A”;

4. That on June 28, 2019, plaintiff entered into a written contract with defendant
whereby the former leased to the latter Door A of the above described property
for a period of two years, starting on July 1, 2019, for the monthly rental of Ten
Thousand Pesos (P10,000.00) , copy of which contract of lease is attached
hereto as Annex “B”;

5. That by virtue of said contract, Annex “A”, defendant took possession of the
property in question on March 5, 2019, and he is still in possession of the same
up to the present time;
6. That the defendant has failed to pay the rent for the months of September,
October, November and December in the year 2020 and January and February
2021 but defendant refused and still refuses to vacate the property, in spite of
repeated demands and written notices of which was duly received by the
defendant, copies of which are attached hereto as Annexes “C” and “D”;

7. That the defendant has still refused to vacate the premises and pay the unpaid
rentals, the plaintiff has filed a complaint with the Punong Barangay of Bitano,
Legazpi for mediation, but the proceedings failed due to defendant’s refusal to
accept the demand of the plaintiff. A copy of Certificate to File Action dated
February 20, 2021 is attached hereto as Annex “E”.

8. Thus, the plaintiff was compelled to file this complaint engaging the services of
counsel in the amount of Fifteen Thousand Pesos (P15,000.00).

WITNESS

9. Plaintiff Ms. AGBS will be presented as the sole witness in this complaint. As the
owner and lessor of the subject premises, she will testify based on her personal
knowledge the circumstances of the case. Her testimony will substantiate all
averments stated in this complaint and identify the several evidences in support
thereof. Attached herein as Annex “F” is the Judicial Affidavit of plaintiff which will
constitute as her direct testimony for the case.

DOCUMENTARY EVIDENCE

10. Plaintiff will present and authenticate the following documentary evidence:

a. Transfer Certificate of Title No. T-12345 – to establish that plaintiff Ms.


AGBS is the registered owner of the subject premises.

b. Contract of Lease between the plaintiff and defendant evidencing the


amount of rental per month which is Ten Thousand Pesos (P10,000.00).

c. Written notices demanding payment of unpaid rentals and to vacate the


subject premises

d. Certificate to File Action evidencing the plaintiff’s recourse to the


Katarungang Pambarangay to seek immediate relief and remedy of which
failed and also to comply with the prerequisite before filing the present
action to this Honorable Court.

e. Judicial Affidavit of Ms. AGBS the plaintiff - to give her direct testimony
and testify, based on her personal knowledge as the sole witness of the
case, the circumstances stated in the complaint and to identify and
authenticate the several documentary evidence in support thereof.
PRAYER

WHEREFORE, premises considered, it is most respectfully prayed unto


this Honorable Court that, after hearing, judgment be rendered ordering the
defendant;

1. To vacate the subject premises;

2. To pay the unpaid rentals of Ten Thousand Pesos per month starting
from September 2020 up to February 2021, or a total of Sixty
Thousand Pesos (P60,000.00).

3. To pay the amount of Ten Thousand Pesos (P10,000.00) per month as


a payment for the reasonable use of the premises until the defendant
vacates said premises; and,

4. To pay the plaintiff the cost of the suit;

The plaintiff also prays for such other reliefs and remedies which are just
and proper under the premises.

March 5, 2020, Legazpi City.

ASDFG LAW FIRM


2F, QWERTY Towers
Landco Business Park
Legazpi City

By:
Atty. WERTYUIOP
Roll of Attorney No. 123456
IBP No. 12345/10-30-15/Manila
PTR No. 12345/1-5-16/Manila
VERIFICATION/CERTIFICATION OF FORUM SHOPPING

Republic of the Philippines )


City of Legazpi ) S.S.

I, AGBS, of legal age, Filipino citizen, single and resident of 1242 10TH Street, Our
Father’s Village, Bitano, Legazpi 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.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 5th of March


2021, in the City of Legazpi.

AGBS

SUBSCRIBED AND SWORN to before me this 5th day of March, 2021, in the City
of Legazpi, affiant exhibiting to me her Passport No. B012345 issued by the DFA
Legazpi on October 30, 2019 at the City of Legazpi.

ATTY. NOTARY ABCD


Notary Public
My Commission Expires Dec. 31, 2021
Roll of Attorney No. 147852
IBP No. 98754/2-5-10/Manila
PTR No. 87654/12-22-12/Manila

Doc. No. ________


Page No. _______
Book No. _______
Series of 2021.

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