Republic of the Philippines

Municipal Trial Court

City of Cagayan de Oro
Branch 69

ELEANOR OF AVALOR,
Plaintiff,

Civil Case No. 98765

-versus- FOR: Unlawful Detainer

SOPHIA THE FIRST,

Defendant.

x-----------------------------------------x

COMPLAINT

COMES NOW, the plaintiff together with the undersigned counsel to this
most honorable court, MOST RESPECTFULLY STATES THAT;

1. The Plaintiff is of legal age, Filipino citizen, single, and a resident of Upper
Carmen, Cagayan de Oro City.

2. The Defendant, from Davao City, is likewise of legal age, Filipino citizen, single,
and temporary residing at Upper Balulang, Cagayan de Oro City.

3. The Plaintiff is the owner of a house and lot which is utilized as a room-for-
rent located at the Upper Balulang, Cagayan de Oro City as evidenced by a tax
declaration attached herewith as Annex A and a deed of sale attached herewith
as Annex B.

4. The Defendant is the lessee of a room that is owned by the Plaintiff as

evidenced by the written Contract of Lease attached herewith as Annex C that
both parties signed.

5. The Plaintiff and the Defendant came up with a written agreement of Lease
on May 26, 2017, which they both agreed upon and was duly signed by the two
parties as shown in their contract of lease.
6. The Defendant was allowed by the plaintiff to stay in the premises on May 26,
2017 despite the effectivity date of the lease contract which is on June 1, 2017.

7. The Lease Contract stipulates a monthly rental of Ten Thousand Pesos

(P10,000.00) and further provides for a one month advanced payment and a one-
month deposit, in the amount of Ten Thousand Pesos (P10,000.00), respectively,
or a total of Twenty Thousand Pesos (P20,000.00).

8. The contract also provides that the lease shall be renewable after 365 days
with a corresponding increase of rental payments of Five Percent (5%).

9. The contract further provides that any termination made within the term of
the lease shall not prohibit the Plaintiff to collect the remaining rental monthly
payments, provided that the same shall be terminated upon reaching the 366th day.

10. The Defendant, on October 2, 2017, failed to pay the agreed rental for the
period of July to September 2017 which compelled the Plaintiff to consume the
defendants one-month deposit, leaving a balance of P20,000.00 for the months of
August and September 2017.

11. The Plaintiff, on October 28, 2017, sent a Demand Letter attached herewith
as Annex D to the Defendant for the payment of back rentals covering the period
of August to September 2017, which was received by the latter as shown in the
registry return receipt attached herewith as Annex E.

12. The Defendant, despite said letter of demand, failed and still reneged to pay
her monthly rentals.

13. The Plaintiff, in an attempt for an amicable settlement with the defendant,
proceeded to the Barangay Lupon of Balulang, Cagayan de Oro City which the
Defendant did not appear to nor filed a response for.

14. The Plaintiff was compelled to file this complaint after an issuance of
Certificate to File Action attached herewith as Annex F by the Lupon of Balulang,
Cagayan de Oro City engaging the services of counsel in the amount of P20,000,00.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed unto this

Honorable Court that judgment be rendered in favor of the plaintiff and that after
judgment;

a. The defendant shall vacate the room owned by the plaintiff.

 b. The defendant shall pay the unpaid monthly rentals from August to
September 2017 and the subsequent rentals for the reasonable use of the
premise until she vacates the same.
c. The defendant shall be ordered to pay the attorneys fees.
d. The defendant shall be ordered to pay the cost of the suit.

Such other reliefs and remedies under the premises are likewise prayed for.

Cagayan de Oro City, Philippines, this 15th day of December 2017.

AMARA AND ASSOCIATES LAW OFFICE

Counsel for the Plaintiff
Unit 306, NAC Building
Liceo de Cagayan University, Cagayan de Oro City

By:

Sittie Ayna M. Andig

PTR No. 2012622494/04-27-19/CDOC
IBP No. 12622494/04-07-20/CDOC
Roll No. 98765 Cagayan de Oro City
MCLE Compliance No. V 123456, 04-02-19, 04-01-20
 VERIFICATION AND CERTIFICATION

I, Eleanor of Avalor, of legal age, Filipino Citizen, single, and a resident of Upper Balulang,
Cagayan de Oro City, after being sworn according to law, hereby 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.

Eleanor of Avalor
Affiant

SUBSCRIBED AND SWORN to before me this 15th day of December 2017, in the City of
Cagayan de Oro, affiant exhibiting to me her Drivers License No. 121212 issued by the
Land Transportation Office on July 11, 2017 at the City of Cagayan de Oro City.

Leth Flores Maestrado

PTR No. 20171234/04-27-19/CDOC
IBP No. 1263124/04-07-20/CDOC
Roll No. 99999 Cagayan de Oro City
MCLE Compliance No. V 678951, 04-02-19, 04-01-20

Doc. No. _____

Page No. _____
Book No. _____
Series of 2017
 LEGAL WRITING

UNLAWFUL DETAINER COMPLAINT

GROUP 4
Aguam, Abdul Rahman
Andig, Sittie Ayna M.
Arcamo, Anthea Izza
Maetsrado, Leth Flores
Ronda, Juhair B.

13 September 2017