ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )

PROVINCE OF CEBU ) S.S
CITY OF CEBU )
X- - - - - - - - - - - - - - - - - - - - - - -- - - - /

BEFORE ME this 26th of August 2017, at Cebu City, personally appeared one James
M. Friolo with CTC No. 89754 issued at Cebu City, Cebu on June 05, 2017, and with two competent
evidence of identity: SSS ID No. 12345, and Drivers License No. 56789, known to me and to be the
person who executed the foregoing instrument and she acknowledged to me that the same is her
voluntary act and free will.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial

seal on 26th day of November 2017 at Cebu City.

Notary Public

Doc. No. 0000 ;

Page No. 000 ;
Book No. IV ;
Series of 2017.
 VERIFICATION

I, JAMES M. FRIOLO, subscribing under oath, hereby dispose and say:

1. That I am the plaintiff in the instant case.

2. That I have caused the above complaint to be prepared and I have read and know the contents
thereof.

3. That I have executed the same in my own free will and deed.

4. That the allegations therein are true to my knowledge.

IN WITNESS WHEREOF, I have hereunto affix my signature this 16th day of October 2017 at
Cebu City.

JAMES M. FRIOLO
Affiant

SUBSCRIBED AND SWORN to before me, in the City of Cebu, Province of Cebu, this 16th day
of November 20017, affiant exhibiting to me her CTC No. 123456 issued at Cebu City, Cebu on
August 08, 2017, and with two competent evidence of identity: PRC ID No. 12345, and SSS card
No. 456789.

Notary Public

Doc. No. 0000 ;

Page No. 000 ;
Book No. IV ;
Series of 2017.
 SECRETARYS CERTIFICATE

I, James M. Friolo, of legal age, Filipino, being the duly elected and qualified Corporate
Secretary of ABC Corporation, a corporation duly organized and existing under the laws of the
Philippines, with office address at 157 Salinas Drive, Lahug Cebu City, under oath, do hereby certify
that at the special meeting of the Board of Directors of the Corporation held on November 22, 2017,
the following resolution was unanimously adopted:

RESOLVED, that Lily S. Cruz, a Finance Manager, be as it hereby, authorized to transact,

execute and sign all documents in behalf of the Corporation pertaining to its application for registration
under the Renewable Energy Act of 2008 (Republic Act No. 9513) with the Board of Investments for
its (proposed project activity) as Renewable Energy Developer under the Mandatory List of the 20
Investment Priorities Plan.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 15th day of November,
2017 at Cebu City, Cebu.

Corporate Secretary

Subscribed and Sworn to before me this November 18, 2017 at Cebu City, Cebu, affiant
exhibited to me his CTC No. 00000000 issued on March 30, 2014 at Cebu City.

Notary Public

Doc. No. 0000

Page No. 00000
Book No. IV
Series of 2017.
 Republic of the Philippines
Municipal Trial Court
Branch 1
City of Cebu

Mr. James M. Friolo, plaintiff Civil Case No. 2

Accompanied by his Attorney in fact, for: Unlawful Detainer
Atty. Poging Attorney

-versus-

Mr. Helena S. Montoya, 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, married and a resident of Banawa, Cebu City. The Defendant
is likewise of legal age, married and temporary residing at Peace Valley Subdivision, Cebu City.
2. The Plaintiff is the owner of the two-storey house unit located at the Peace Valley
Subdivision, Cebu City, and having the residential address of PV 123 as evidenced by pertinent
documents like tax declaration and deed of sale.
3. The Defendant is the lessee of the house unit that is owned by the Plaintiff as evidenced
by the written contract of lease that both parties signed.
4. The Plaintiff and the Defendant came up with a written agreement of Lease on June 26,
2016, which they both agreed upon and was duly signed by the two parties as shown in their contract
of lease.
5. Item No. 16 of the contract which the defendant signed expressly provides that he will
only be occupying the property for one (1) year, after which, he will vacate the house when that term
expires.
6. The contract also provides that the defendant should also take care of the property and its
premises with the utmost diligence.
7. On June 28, 2017, the plaintiff, after returning from Japan, was surprised to discover that
the defendant did not vacate the property as he expected. Worse, he installed a sari-sari store in the
original building structure of the house unit.
8. The plaintiff confronted the defendant about it but the defendant claimed that it was a
DEED OF SALE which they signed and not a CONTRACT OF LEASE and therefore, the
defendant is the new owner of the house unit.
9. On August 20, 2008, after continuous demands, the defendant constantly refuses to
vacate the house unit and even invited relatives to stay with him.
10. The defendant willfully and maliciously violated the agreement which they mutually
agreed upon, and which the defendant signed.
 PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court

that judgement be rendered in favor of the plaintiff and that after judgement;

a. The defendant shall vacate the house unit owned by the plaintiff.
b. The defendant shall be ordered to pay P 120, 000 for the Attorneys Fees.

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

Cebu City, Philippines, this 28th day of September 2017.

Attorney X
Counsel for the Plaintiff
 VERIFICATION AND CERTIFICATION

I, Mr. James M. Friolo, of Legal age, married, Filipino Citizen and a resident of Puguis, La
Trinidad Benguet, 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.

James M. Friolo
Complainant

In witness thereof, I, Attorney X , counsel of the plaintiff, have hereunto set my hand this
29th of September at Baguio City.

Attorney X
Counsel for the Plaintiff