REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL REGION

METROPOLITAN TRIAL COURT
Branch__, MAKATI CITY

_____________________________,
Plaintiff,

-versus- CIVIL CASE No. ______

FOR: Unlawful Detainer
______________________________
Defendant.
x------------------------------------------------x

COMPLAINT

Plaintiff _________________ by and through the undersigned

counsel, and unto this Honorable Court most respectfully avers:

THE PARTIES

1. Plaintiff is a domestic corporation duly organized and existing

under the laws of the Republic of the Philippines, herein
represented by its _________________, ________________, and
with principal office address at ____________________________.

A copy of the Secretarys Certificate issued on

___________________ by the Corporate Secretary appointing
___________________as the Corporations authorized
representative in the present proceedings is attached herewith as
Annex A.

2. Plaintiff may be served with pleadings, decisions, orders,

resolutions, and other legal processes through the undersigned
counsel, _______________________, with address at
_____________________________.

3. Defendant is of legal age, Filipino, with postal address at 2112

______________________________________, where he may be
served with pleadings, decisions, orders, resolutions, and other
legal processes.
 THE FACTS

4. As of the date of filing of this Complaint, Defendant has not

vacated and refuses to vacate the Lease Property and to pay the
outstanding amount of ______________________________
(Php_______).

CAUSES OF ACTION

5. In the 2012 case of Samelo vs. Manotok Services, Inc.,1 the

Supreme Court held that [s]ince the rent was paid on a monthly
basis, the period of lease is considered to be from month to
month, in accordance with Article 1687 of the Civil Code. [A]
lease from month to month is considered to be one with a
definite period which expires at the end of each month upon
a demand to vacate by the lessor. 2

5.1. In the said case the respondent sent a notice to vacate to the
petitioner on August 5, 1998, as such, the Supreme Court
held that the tacita reconduccion was aborted, and the
contract is deemed to have expired at the end of that
month.3

5.2. The Honorable Supreme Court further held that a notice to

vacate constitutes an express act on the part of the lessor
that it no longer consents to the continued occupation by the
lessee of its property.4 After such notice, the lessees right to
continue in possession ceases and her possession becomes
one of detainer.5

6. Defendants unlawful withholding of the possession of Leased

Property against or from Plaintiff after the expiration or
termination of the right to hold possession, and in defiance of a
lawful demand gives rise to Plaintiffs right to file an action for
unlawful detainer.

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed unto this Honorable Court that, after hearing, judgment be
rendered ordering Defendant:

1
G.R. No. 170509, June 27, 2012.
2
Citing Arquelada v. Philippine Veterans Bank, 385 Phil. 1200, 1219 (2000).
3
See Samelo vs. Manotok Services, Inc., G.R. No. 170509, June 27, 2012.
4
Citi`ng Tagbilaran Integrated Settlers Assoc. (TISA) Inc. v. Court of Appeals, 486 Phil. 386, 394
(2004).
5
Citing Lim v. Court of Appeals, G.R. Nos. 84154-55, July 28, 1990, 188 SCRA 23, 36.
 a. To vacate the Leased Property;
b. To surrender the Leased Property devoid of all articles, effects
and things;
c. To pay the outstanding amount of _______________ PESOS
(___________________) representing unpaid rentals
______________________________;
d. To pay a sum equivalent to 10% thereof as Attorneys fees;
e. To pay interest by way of damages at a rate of six percent (6%)
per annum from demand; and
f. To pay the costs of suit.

Plaintiff likewise prays for such other remedies as may be just

and equitable under the circumstances.

RESPECTFULLY SUBMITTED.

____________________________.