REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
QUEZON CITY
BRANCH _____

SPOUSES DOMINGO and

FLORA BOMBASE,
Pla
intiffs,

CIVIL CASE NO. _________

- versus - For: UNLAWFUL DETAINER

JANET OBEDOZA and

WILLIAM DE LEON and all
other persons claiming
rights under them.
Defen
dants.
x---------------------
x

COMPLAINT

PLAINTIFFS, by the undersigned counsel, and unto

this Honorable Court, most respectfully state, that:

THE PARTIES

1. Plaintiffs are of legal age, Filipinos, married to each

other, with residence and postal address at Lot 18 Block 12
La Trinidad Village, Talipapa, Quezon City.

2. While defendants are also of legal age, Filipinos,

with residence address at Lot 3, Block 6, La Trinidad Village,
Talipapa, Quezon City, where they may be served with
summons and other processes of this Honorable Court.
Complaint
Bombase vs. De Leon, et al
Page 2 of 5
============

CAUSE/S OF ACTION

3. Plaintiffs are the lawful and legal owners of that

certain house and lot located at Lot 3, Block 6, La Trinidad
Village, Barangay Talipapa, Quezon City having purchased
the same for residential purposes in good faith and for value
from its registered owner Jesus Q. Macapobres. Attached
hereto are the following documents as proof of their
ownership, to wit:

Annex “A” - Deed of Sale

Annex “B” - Transfer Certificate of Title No.

20042

Annex “C” - Special Power of Attorney.

4. As plaintiffs still in the process of transferring the

registration of the subject property in their names, they
decided to place a padlock on the gate and main door of the
house, to keep it safe from trespassers or unauthorized
intruders;

5. However, during the early morning hours of 24

April 2016, plaintiffs received a report that defendant William
De Leon and other 4 male persons, jointly and conspiring
with one another, forcibly entered the subject property by
destroying the padlocks placed on the gate and main door of
the house;

5. Plaintiff Flora Bombase immediately proceeded to

their property and saw many people milling in front their
property and watching the defendant who was angrily
shouting invectives and in a threatening stance. Due to fear,
Mrs. Bombase did not confront the defendant at that time
and hid behind the other kibitzers, especially considering
that respondent William De Leon has a gun tucked at his
waistline;

6. Thereafter, respondents placed padlocks on the

main door of plaintiffs’ property and to date, was deprived
possession of the same;
Complaint
Bombase vs. De Leon, et al
Page 3 of 5
============

7. Eventually, the disagreement between the parties

was formally brought by the plaintiffs before the concerned
officials of Barangay Talipapa, Quezon City. However, no
amicable settlement was reached, hence, on 22 August
2016, a Certificate to File Action was accordingly issued by
the said barangay.1

8. On 4 August 2016, plaintiffs sent the defendants a

formal demand to vacate. However, said letter was returned
with annotation “RTS, NO ONE TO RECEIVE”;2

10. Thus, on September 7, 2011, another formal

notice to vacate and pay was sent to the defendants giving
them a period of fifteen (15) days to voluntarily vacate the
premises and pay their accrued arrearages from February
2011. The same was duly received by the defendants on
September 16, 2011. Again, this was merely ignored by the
defendants.

11. Despite the lapse of the period afforded by the

plaintiff, defendants still refused to vacate the leased
property which they are still occupying up to this time
despite the expiration of the Contract of Lease.

12. Defendants have been afforded by the plaintiff

many opportunities to voluntarily vacate the premises and
settle their unpaid monthly rentals which, has accumulated
to FIFTY TWO THOUSAND PESOS (P52,000.00) as of

1
ANNEX “C” – Certificate to File Action
2
ANNEX “D”
Complaint
Bombase vs. De Leon, et al
Page 4 of 5
============

September 2011. Unfortunately, the defendant unjustly

refused to do so.

13. To protect her rights and interest, plaintiff was

constrained to retain the services of the undersigned for an
agreed professional fee of P25,000.00 as acceptance and
P2,500.00 per court appearance.

14. Finally, as a result of defendants’ acts, plaintiff was

made to suffer sleepless nights, mental anguish and
besmirched reputation.

PRAYER

WHEREFORE, premises considered, it is most

respectfully prayed of this Honorable Court that after due
notice and hearing, judgment be rendered in favor of the
plaintiff ordering the defendant and all other persons
claiming rights from them:

(a) To immediately vacate the subject premises and

restore plaintiff to its peaceful possession; and

(b) To pay the plaintiff the following amounts:

i) Monthly rental of SIX THOUSAND FIVE

HUNDRED PESOS (P6,500.00) from February 2011
until such time as they have vacated, voluntarily
or involuntarily, and legal interest thereon from
the time demand to pay was first made.
Complaint
Bombase vs. De Leon, et al
Page 5 of 5
============

ii) FIFTY THOUSAND PESOS (P50,000.00)

by way of MORAL DAMAGES;

iii) FIFTY THOUSAND PESOS (P50,000.00)

by way of EXEMPLARY DAMAGES;

iv) TWENTY FIVE THOUSAND PESOS

(P25,000.00) as ATTORNEY’S FEES plus TWO
THOUSAND FIVE HUNDRED PESOS (P2,500.00) per
court appearance; and

e) Costs of suit.

Plaintiff further prays for such other reliefs as may be

deemed consistent with justice and equity.

Caloocan City for Quezon City, September ___, 2016.

JIGLAW & ASSOCIATES

(For the Plaintiffs)
Generoso 4, Galauran Compound
382 EDSA, Caloocan City
Telephone No. 5863497

FOR THE FIRM:

JOSE ISAGANI M. GONZALES

Roll No. 48615
IBP Lifetime No. 010076
PTR No. 7620070 – 1/6/16 Caloocan City
MCLE Compliance No. V-0023269 (08/03/16)