REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH 101, PASIG CITY

ABC CORPORATION,
Plaintiff,
-versus00-123456

CIVIL. CASE NO. L-

JUAN W. DELA CRUZ

For: UNLAWFUL DETAINER
Defendant.
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COMPLAINT

PLAINTIFF, thru undersigned counsel, unto this Honorable Court,

respectfully states:

1. That Plaintiff, ABC Corporation, is a private corporation with business

address at No. 25 Matalino Street Teachers Village, Quezon City,
where it may be served with summons and other judicial process of
this Honorable Court;
2. That Defendant JUAN W. DELA CRUZ is of legal age, married to Maria
B. Dela Cruz, sole proprietor of JDC Food Enterprises with business
address at Rm. 2037 Centerpoint Building, San Juan, Metro Manila,
where he may be served with summons and other Court processes;
3. That Plaintiff is the registered owner of QRS Condominium, located at
1230 Emerald Avenue, Ortigas Center, Pasig City, which was
unlawfully occupied by the Defendant and his wife;

4. That on July 10, 2014, Defendant moved in a condominium unit at

QRS Condominium and occupied the same;
5. That on July 15, 2014, Plaintiff sent a demand letter to Defendant
informing the latter that he is not authorized to occupy the said unit
and that he has to vacate the premises in question since it will be
leased to another person by the month of August;
6. That despite of formal demand made by Plaintiff, Defendant ignored
the said letter and continued to occupy the condominium unit;

7. That the continuous unjustifiable refusal and failure of Defendant to

vacate the premises in question has caused prejudice to the rights of
the Plaintiff;

8. That as a result of the unlawful occupation by Defendant of the said

condominium unit, Plaintiff incurred damages in the form of rental
fees of the facilities utilized for free by herein Defendant and his wife
the amount of which shall be proven in Court;

9. That because of the evident bad faith of the Defendant in

continuously and unjustifiably occupying the condominium unit
despite demand to vacate, the latter should be made to pay for a
reasonable compensation for the use and occupation of the premises
in question in the amount of fifteen thousand Philippine peso (Php
15,000.00) per month from the date of final demand to vacate the
condominium unit;

10.

That as a result of the obstinate refusal of Defendant to vacate

the premises, Plaintiff was compelled to file this action, thereby

incurring litigation expenses including attorneys fees in the amount
of ten thousand Philippine peso (Php 10,000.00).

PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of
this Honoroble Court that after due notice and hearing, judgment be
rendered.
a. Ordering Defendant to vacate the subject premises and surrender
possession of the same to the Plaintiff;
b. Ordering Defendant to pay Plaintiff attorneys fees in the amount of
Php 10,000.00;
c. Ordering Defendant to pay Plaintiff the amount of P15, 000.00 from
date of final demand to vacate until Defendant leaves the subject
premises as a reasonable compensation for the use and occupation
thereof; and
d. Costs of suit.
Plaintiff prays for such other reliefs and remedies just and equitable
in the premises.
Quezon City, Metro Manila.
August 26, 2014.

ATTY. NICKA MAE A. BAUTISTA

Counsel for the Plaintiff
123 Smith Bldg. Ortigas Center, Pasig City
IBP No. 189397

Roll of Attorneys No. 1119875

MCLE Compliance No. 9849254