REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT

City of Makati
Branch 1

JOHN REYES,
Plaintiff,
CIVIL CASE No. 97635
-versus- FOR: Unlawful Detainer

VINCENT CRUZ,
Defendant.

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

COMPLAINT

COMES NOW, the plaintiff, through the undersigned

counsel and unto this Honorable Court, respectfully avers
that:

(1) The plaintiff, JOHN REYES, is of legal age, Filipino

citizen, single, with residence and postal address at
9345 Catmon St. San Antonio Village, Makati City;

(2) The defendant, VINCENT CRUZ, is of legal age, Filipino

citizen, single, with residence and postal address at
6731 Kakarong St. Santa Cruz, Makati City, where they
may be served with summons and other court
processes;

(3) The plaintiff is the owner of a land over which a

commercial building situated at 8220 J.P. Rizal St.,
 Makati City which is presently being leased on a
monthly basis by the defendant by virtue of a lease
contract, copy of which is attached hereto and made
part hereof as Annex A;

(4) Under said contract, the defendant should pay

rent in the amount of Twenty Thousand Pesos (Php.
20,000.00) until the expiration of the lease contract on
June 19, 2017;

(5) The lease contract, Annex A, has long expired and the
defendant is continuously in possession of the building
of the plaintiff without paying anything to the plaintiff;

(6) Despite repeated demands, the last demand being two

(2) months ago, or specifically on August 25, 2017,
through a letter duly received by the defendant on said
date, the latter without any justifiable cause or reason
refused and continuously refuses to vacate the
premises. Copy of the letter of demand showing receipt
of the same by the defendant is attached hereto and
made part hereof as Annex B;

(7) By reason of failure of the defendant to vacate the

premises and to pay the unpaid rentals, the plaintiff
was compelled to file this complaint engaging the
services of counsel in the amount of P10,000.00 as
attorneys fees;

(8) The Barangay Lupon Tagapamayapa issued the

attached certificate to file this complaint for failure to
settle the dispute earnest efforts towards a peaceful
compromise. Copy of the certificate is attached hereto
and made part hereof as Annex C.
 PRAYER

WHEREFORE, premises considered, it is most

respectfully prayed unto this Honorable Court that, after
hearing, judgment be rendered ordering the defendant:

(a) Judgement be rendered ordering the defendant to

vacate the premises and peacefully return the same to
the plaintiff;

(b) Defendant be ordered to pay and deposit Twenty

Thousand Pesos (Php.20,000.00) a month from, June
19, 2017, as rental for the use and occupancy of the
premises from which he is being ejected;

(c) To pay the plaintiff the cost of the suit.

(d) Such other relief just and equitable under the

premises is likewise prayed for.

City of Makati, October 26, 2017.

SANTOS, AQUINO AND ESTRADA LAW OFFICE

Counsel for the Plaintiff
Unit 52, Columns Ayala
Ayala Avenue, Makati City

By:
 Atty. Gil
Santos
Roll of Attorney No.
93562
IBP No. 12345/5-9-17/Makati City
PTR No. 87654/1-20-
17/Makati City
MCLE Comp. No. IV-4789,
4/5/17

Republic of the Philippines )

Makati City ) S.S.

VERIFICATION AND CERTIFICATION

I, _______________________, of legal age, after having

been duly sworn in accordance with law, depose and state
that:

1. I am a petitioner in the above-stated case;

2. I caused the preparation of the foregoing petition;

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.

IN WITNESS WHEREOF, I have hereunto affixed my

signature this 26th of October 2017, in the City of Makati.

___________________

Affiant

SUBSCRIBED AND SWORN to before me this 27th day

of October 2017 at Pasay City, affiant exhibiting to me her
Community Tax Certicate No. 25467 issued on February 3, 2017
at Makati City.

Atty. Gil Santos

Notary Public
Roll of Attorney
No. 93562
IBP No. 12345/5-9-17/Makati City
PTR No. 87654/1-20-
17/Makati City
MCLE Comp. No. IV-
4789, 4/5/17

Doc. No.___;
Page No.___;
Book No.___;
Series of 2017.