REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL REGION
METROPOLITAN TRIAL COURT
CALOOCAN CITY
BRANCH ____
_______________,
Plaintiff,
Civil Case No. _______________
-versus- FOR: UNLAWFUL DETAINER
__________,
Defendant.
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COMPLAINT
COMES NOW plaintiff, by counsel, unto this Honorable
Court, most respectfully alleges, that:
1. Plaintiff ____________ is of legal age, single, Filipino and
residing at ______________ and represented by her
Attorney-in-fact __________, who is of legal age, Filipino
and residing at ___________, under a Special Power of
Attorney which is attached hereto as Annex “A”;
2. Defendant ___________ is of legal age, Filipino and
residing at _______________, Caloocan City where
summons and other court processes may be served upon her;
3. Plaintiff is the legal and registered owner of a certain real
property consisting of residential house and lot situated at
_______________ and covered by Transfer Certificate of
Title No. ___________ which is issued in the name of the
plaintiff, copy of which is hereto attached as Annex “B”;
4. Defendant is the actual occupant and possessor of the
subject residential house and lot having occupied the same
since November 2016 by virtue of a Contract to Sell executed
between the plaintiff and the defendant. Plaintiff allowed the
defendant to occupy and live at the subject premises pending
full payment of the purchase price. A copy of the Agreement
is attached hereto as Annex “C”;
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5. Plaintiff admitted having received the initial payment of
P30,000 upon signing of the said agreement on November
19, 2016;
6. Defendant agreed to pay the remaining balance of
P1,210,000 in staggered payment starting on January 2017
for P15,000 a month;
7. From January 2017 to December 2017, defendant had paid a
total of P120,000. However, on January 2018 defendant had
completely stopped payment;
8. Under paragraph 6 of the Terms and Conditions of the
aforementioned agreement, the parties stipulated as follows:
“[Link] in case Second Party/Vendee fail to pay the agreed
monthly payment of Fifteen Thousand (P15,000.00) within
the period of one (1) year the Vendor/First Party has the
right to ask them to move out and vacate the said property”
9. Based on the said aforementioned stipulation, the right of
the defendant to possess the subject premises had expired
and plaintiff has the right to ask defendant to move out and
vacate the said property since January 2019, the expiration
of one (1) year from failure to pay the monthly payment of
P15,000;
10. On October 16, 2019, plaintiff sent defendant a “Notice of
Cancellation of Contract to Sell” with a formal demand to
vacate the property for her failure to pay the installments. A
copy of the Notice of Cancellation of Contract to Sell due
with Return Card is hereto attached as Annex “D” and “D-
1”;
11. On January 2, 2020, plaintiff directed her counsel to send a
formal demand letter to defendant to pay the accrued
compensation for the use and occupancy of the subject
premises and to vacate the property. A copy of the formal
demand letter with Return Card is hereto attached as
Annex “E” and “E-1”;
12. Notwithstanding receipt of the demand letter sent by
plaintiff’s lawyer on January 8, 2020, defendant and her
family failed and refused to pay the accrued compensation
for the use and occupancy of the subject premises and to
vacate the subject property to the damage and prejudice of
herein plaintiff;
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13. That more than ten (10) days had lapsed since the receipt of
the demand letter without defendant vacating the subject
premises, legal ground for unlawful detainer already existed
pursuant to Sec. 2 Rule 70 of the Rules of Court;
14. Due to the unreasonable postures of the defendant to give
the legal and physical possession of the subject premises and
to pay the compensation for the use and occupancy of the
subject premises to the plaintiff who is the rightful and
registered owner of the subject property, the latter was
compelled to engage the services of a counsel for which she
was charged and paid attorney’s fees of P25,000.00 as
acceptance fee and P2,000.00 per hearing fee which
expenses should be reimbursed by the defendant;
15. The defendant should be held liable to pay for the
reasonable compensation for the use and occupancy of the
subject premises in the amount of P10,000.00 per month
from January 2019 until she finally vacate the subject
premises;
WHEREFORE, it is most respectfully prayed for that judgment
be rendered in favor of plaintiff and against defendant as follows:
a. Ordering defendant and all persons claiming rights
under her to vacate the subject premises and
surrender legal and physical possession thereof to
plaintiff;
b. Ordering defendant to pay for the reasonable
compensation for the use and occupancy of the
subject premises in the amount of Php 10,000.00
per month starting from January 2019 until they
finally vacate the same;
c. Ordering defendants to reimburse plaintiff the
litigation expenses and the attorney’s fees in the
amount of Php 25,000.00;
Other reliefs, just and equitable in the premises are likewise
respectfully prayed for.
Caloocan City, January 31, 2020.
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VERIFICATION AND CERTIFICATION
I, ____, of legal age, Filipino and residing at
______________, after having duly sworn to in accordance with
law, hereby depose and state:
1. That I am the representative of the plaintiff in the above
entitled case;
2. That I have caused the preparation of this complaint;
3. That I have read and understood the allegations contained
therein and hereby certify that the same are true and correct
of my own personal knowledge and belief and based on
authentic records on hand;
4. That I hereby certify that we have not commenced any other
action or proceeding involving the same issues or parties and
for the same cause of action before the Supreme Court, Court
of Appeals or any of its Division, or before any other court or
tribunal or quasi-judicial agency. To the best of my
knowledge, no other action or proceeding is pending before
these bodies, we hereby undertake to report such fact before
this Court within five (5) days from knowledge thereof.
_____
Affiant
SUBSCRIBED AND SWORN to before me this _th day of
January 2020 at Caloocan City with affiant presenting herself
personally before me with her UMID ID No. CRN _____________
with picture and signature as proof of identity.
Doc. No. ___________
Page No. ___________
Book No. ___________
Series of 2020
