REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES

7th JUDICIAL REGION
Cebu City
Branch 1

ROSE MANAYON,
Plaintiff,

-versus- Civil Case No. 12345

UNLAWFUL DETAINER
ARJONNAH BERAME,
Defendant.
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COMPLAINT

Plaintiff through counsel respectfully states that:

1. She is of legal age, single, Filipino citizen, and

a resident of 123 SIL, Sunrise Village, Pardo, Cebu
City.

2. Defendant is of legal age, single, Filipino citizen

and a resident of 124 SIL, Sunrise Village, Pardo,
Cebu City.

3. She is the owner of a house and lot particularly

described in Tax Declaration Certificate No. 12345,
situated at 124 SIL, Sunrise Village, Pardo, Cebu
City, photocopy of said Tax Declaration Certificate
is attached as Annex “A”.

4. On 11 April 2017, she leased the house to the

defendant under the terms and conditions of the
Contract of Lease for a period of one (1) year,
with a monthly rental of Thirty Thousand Pesos
(Php30,000.00). Attached as Annex “B” is the
photocopy of the Contract of Lease.

5. On February 11 and March 11, 2018, the defendant

failed to pay monthly rentals to which the advance
rental and security deposit of Thirty Thousand
Pesos (Php30,000.00)each were applied respectively.
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 6. On April 11, 2018 the defendant again failed to pay
the rental for the month of April 2018 but has
continued to occupy the house.

7. Thus on 16 April 2018, a demand letter was sent

asking the defendant to pay the rentals amounting
to of Thirty Thousand Pesos (Php30,000.00)and
vacate the house within five (5) days from receipt
of the notice. Attached as Annex “C-1” is the
photocopy of the demand letter.

8. On 21 April 2018, she sent another letter of demand

to vacate the said house and pay the unpaid
rentals. Attached as Annex “C-2” is the photocopy
of the demand letter.

9. Despite the two (2) letters of demand the defendant

failed and still refused to vacate the said house
and to pay the rentals due for three (3) months.

10. On 24 April 2018, this complaint was brought by the

plaintiff to the Lupong Tagapamayapa of Barangay
Pardo, where the plaintiff and defendant reside.

11. There was no confrontation made by the parties

before the Lupon due to the defendant’s absence on
the scheduled confrontation, as shown by the
Certification to File Action issued by the Barangay
Chairman which is attached as “Annex D” hereof.

12. By reason of failure of the defendant to vacate

the said house and to pay the unpaid rentals, the
plaintiff was compelled to engage the services of
counsel in the amount of Php50,000.00.

PRAYER
In light of the foregoing premises, it is
respectfully prayed of the Honorable Court to render
judgment in favor of the plaintiff by ordering the
defendant the following:

a. To vacate the subject premises;

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 b. To pay the amount of Php30,000.00 of unpaid
rentals for April 2018;

c. Php 30,000.00 per month starting 11 May 2018 as

compensation for the unreasonable use of the
house until the defendant shall finally vacate
the same;

d. Attorney’s fees based on the Contract of

Lease; and

e. The cost of the suit.

Plaintiff also respectfully prays for such other

relief as may be just and equitable in the premises.

Done in Cebu City, Cebu, this 28th day of April

2018.

ATTY. MARK LEGAZPI

Counsel for the Plaintiff
Suite 404 Oftana Bldg., Jasmin St.,
Corner Mariano Cui, Capitol Site, Cebu City
PTR No. 859734, Cebu City, 1/5/18
IBP Lifetime Membership No. 0992206, Cebu Chapter, 1/06/18
MCLE Compliance No. V-0008151, valid from 04/15/18 until 04/14/19
ROLL OF ATTORNEYS No. 67424

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 VERIFICATION AND CERTIFICATION
AGAINST FORUM SHOPPING

Republic of the Philippines)

City of Cebu ) S.S.

I, Rose Manayon, of legal age, Filipino citizen,

single and resident of 123 SIL, Sunrise Village, Pardo,
Cebu City, Cebu, after having been sworn in accordance
with law hereby states that:

1. I am the plaintiff in the above-entitled case;

2. I have caused the preparation of the foregoing

complaint and have read the allegations contained
therein;

3. The allegations in the said complaint are true and

correct based on my personal knowledge and based in
authentic records;

4. I hereby certify that I have not commenced any

other action or proceeding involving the same
issues in any court, tribunal or quasi-judicial
agency and, to my knowledge, no such other action
or claim is pending therein;

5. Should I learn that a similar action or proceeding

has been filed or is pending, I hereby undertake to
report that fact within five (5) days to the court
or agency where the original pleading and sworn
certification contemplated herein have been filed;

6. I executed this verification and certification to

attest to the truth of the foregoing facts and to
comply with the provisions of Administrative
Circular No. 04-94 of the Honorable Supreme Court.

IN WITNESS WHEREOF, I have hereunto affixed my

signature this 28th day of April 2018, in Cebu City,
Cebu.

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 ROSE MANAYON
Driver’s License No: G01-91-1411065
Issued on: April 27, 2017
Issued at: Cebu City

SUBSCRIBED AND SWORN before me this 28th day of

April 2018, in the City of Cebu, affiant exhibiting to
me her Driver’s License No: G01-91-1411065issued on
December 27, 2017 at the City of Cebu.

NOTARY PUBLIC

Doc. No. _______

Page No. _______
Book No. _______
Series of 2018.

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