Unlawful Detainer Complaint (sample)

Republic of the Philippines

MUNICIPAL TRIAL COURT

Cavite City

MICHELLE A. VALE CRUZ

                                 Plaintiff,

Civil Case No. 55121

For: Unlawful Detainer

LANZ AIDAN L. OLIVES

                        Respondent.

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COMPLAINT

PLAINTIFF, by counsel, and unto this Honorable Court, most respectfully allege: THAT

1.     Plaintiff is of legal age, Filipino, with residence and postal address at 777 Heaven St., San Antonio, Cavite City where she may be served notices and other court processes;

2.     Respondent is of legal age, Filipino, with residence and postal address at 518 VC Apartments M. Gregorio St., San Antonio, Cavite City;

3.     Plaintiff is the absolute owner and lessor of that certain apartment situated in Cavite City and now leased ad occupied by the respondent;

4.     Pursuant to the lease contract (Exhibit A) executed by the plaintiff and the respondent dated October 28, 2015, the respondent is obliged to pay a monthly rental payment of P10,000.00 to the plaintiff;

5.     A stipulation in the said lease contract provides that in case of default by the lessee of the payment of the rent such as when the checks are dishonored, the plaintiff at its option may terminate this contract and eject the lessee;

6.     On January 28, 2016, the plaintiff tried to encash BPI Check No. 25613 corresponding to the rental payment for the month of January but the same was dishonored due to insufficiency of funds;

7.     On the same day, plaintiff informed the respondent that the latter’s check was dishonored and demanded that formed be paid in cash instead but the respondent failed to do so;

8.     On February 28, 2016, the plaintiff tried to encash BPI Check No. 25614 corresponding to the rental payment for the month of February but the same was also dishonored due to insufficiency of funds;

9.     On the same day, plaintiff again went to the respondent and demanded for the payment of the two dishonored checks and for respondent to vacate the premises but respondent failed to tender payment and refused to vacate the premises;

10.                         On March 15, 2016, plaintiff, with assistance of a counsel, sent a formal demand letter (Exhibit B) to the respondent giving him ten days to make his rental payment and vacate the premises

11.                         On March 25, 2016, at the expiration of the ten-day grace period given by the plaintiff, the respondent still has not made his payment and consistently refused to vacate the apartments;

12.                         Until now, respondent still refuse to vacate and restore possession and pay his rentals.

13.                         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;

14.                         Before filing this complaint, the dispute has been referred to the Lupong Tagapamayapa of Cavite City but the respondent failed to appear, hence, no amicable settlement was made (Exhibit C).

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 TWENTY THOUSAND PESOS (P20,000.00), Philippine currency, representing the arrears of rent now overdue;

3.     To pay the cost of the suit

Other reliefs just and equitable under the premises are likewise prayed for.

Cavite City, Philippines, March 31, 2016.

ATTY. GRACE MARIELLE CRUZ

Counsel for Plaintiff

Cruz & Associates Law Firm

117 Gamboa St., San Lorenzo, Cavite City

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

Republic of the Philippines

(City of Cavite                   ) S.S.

I, MICHELLE A. VALE CRUZ, of legal age, after having been duly sworn in accordance with law, depose and state that:

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and/or on the basis of copies of documents and records in my possession;

4. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency;

5. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency;

6. If I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court.

Cavite City, Philippines, March 31, 2016

__________________

Michelle A. Vale Cruz

                 SUBSCRIBED AND SWORN to before me this 31^st day of March 2016 at Cavite City, Philippines affiant exhibiting to me her Passport No. 58158450 issued in DFA Manila 2014.

Doc. No.___________;                              Kayelyn Lat

Page No.___________;                              NOTARY PUBLIC for Cavite

Book No.__________;                               Commission Serial No.______

Series of 2016.                                            Until December 31, 2016

Roll of Attorney_______

IBP  No.________

PTR No._______