Republic of the Philippines

MUNICIPAL TRIAL COURT

Davao City
DIEGO SILANG
Plaintif
-versus-

Civil Case No. 123678

For: Ejectment

RAJAH SULAYMAN,
Respondent
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COMPLAINT
PLAINTIFF, by counsel, respectfully states that:
1. Plaintif is of legal age, Filipino, with residence and postal address at
Purok 2, Barangay Malamig, Davao City where she may be served
notices and other court processes;
2. Respondent is of legal age, Filipino, with residence and postal
address at Barangay Mainit, Davao City, where she may be served
summons and other court processes;
3. Plaintif is the absolute owner and lessor of that certain apartment
situated at Davao City and now leased and occupied by the
respondent;
4. Plaintif and Respondent had known each other for a long time
having studied in the same college and have been friends since
then;
5. The respondent leases and occupies the said apartment from
January 1, 2014 until December 31, 2015 as agreed upon between
the plaintif and the respondent in the lease contract executed on
January 1, 2014 under the express obligation to pay a monthly
rental of P 6,000.00; (Copy of Contract of Lease is hereto attached
as Annex A)

6. The lease contract of the respondent for the occupation of the

building has been terminated on December 31, 2015 and has not
been renewed or extended;
7. During the course of the respondents occupation of the said
apartment, respondent has failed to pay her rentals for the months
of August, September, October, and November 2014, and April, May
and June, 2015;
8. Respondent

has

continued

to

occupy

the

said

apartment

notwithstanding the fact that her contract of lease has been

terminated on December 31, 2015 thus depriving the plaintif from
having the said apartment leased by other persons;
9. Several demands to vacate was made by plaintif to respondent,
although orally, but respondent refused to vacate the said
apartment and return possession to the plaintif;
10.

On March 30, 2016, plaintif sent a letter to respondent as a last

and final demand for respondent to vacate plaintifs apartment;

(Copy of Demand Letter is hereto attached as Annex B)
11.

Until

now

Respondent still

refuse to

vacate and restore

possession and pay his rentals for the months of August,

September, October, and November 2014, and April, May and June,
2015 during his occupation of the apartment;
12.

Thus, Respondent is unlawfully withholding possession of the

subject apartment from the plaintif despite last and final demand,
to the damage and prejudice of the plaintif;
13.

Before filing of this complaint, the dispute has been referred to

the Lupong Tagamayapa of Davao City but the parties failed to

arrive at an amicable settlement; (Certificate to File Action is hereto
attached as Annex 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 Plaintif:
1. For the restitution of the abovementioned apartment;
2. For

the

payment

of

FORTY

TWO

THOUSAND

(P

42,000.00)

PHILIPPINE CURRENCY, representing the arrears of rent now

overdue.
3. To pay the costs for this suit.
Other reliefs just and equitable under the premises are likewise prayed
for.
Davao City, Philippines, April 29, 2016.

SMALL LAW OFFICE

Counsel for Plaintif

Rm. 321, 3rd Floor, Very Tall Building,
Davao City

By:

ATTY. SERIO SO

PTR No: 0816199 (2013)

IBP No.:100682 (2013)
MCLE Compliance No.: III-0025943 (2013)
Roll No.: 246981

MUNICIPAL TRIAL COURT

Davao City
DIEGO SILANG
Plaintif
-versus-

Civil Case No. 123678

For: Ejectment

RAJAH SULAYMAN,
Respondent
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ANSWER
Defendants, through the undersigned counsel, most respectfully filetheir
Answer in response to the Complaint of the Plaintifs and interposeas well as
their counterclaim against the latter, to wit: