Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

Dumaguete City
7th Judicial Region
Branch ___

ABAKADA E. FAMILIAR
Plaintiff,

--versus--
Civil Case No. 55121
For: Unlawful Detainer
BARAKUDA C. DEFACTO
Respondent.

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COMPLAINT

The plaintiff, through the undersigned counsel, and unto this Honorable
Court, most respectfully states THAT:

1. The Plaintiff, ABAKADA E. FAMILIAR, is of legal age, Filipino,

with residence and postal address of Bayawan City, Negros Oriental where
she may be served notices and other court processes;

2. The respondent, BARAKUDA C. DEFACTO, is of legal age,

Filipino, with residence and postal address at Tanjay City, Negros Oriental;
3. The plaintiff is the owner of a land over which an apartment had been
constructed located at Dumaguete City, Negros Oriental.
4. Pursuant to the lease contract (Exhibit A) executed by the plaintiff and
the respondent’s deceased father X, dated November 18, 2010, the
respondent’s father X is obliged to pay a monthly rental payment of
P15,000.00 to the plaintiff;
5. Upon the defendant’s father X death on March 1, 2015 (Exhibit B),
the respondent continues to occupy the abovementioned property by virtue
of the plaintiff’s tolerance without requiring him to pay the agreed upon
rentals, for reason of their friendship coupled with plaintiff’s knowledge that
the defendant was financially constrained;
6. On February 13, 2015, through a duly executed promissory note
(Exhibit C), defendant borrowed P1,000,000.00, payable in two years or
P500,000.00 per year, without interest, from plaintiff which has on February
13, 2016, the initial P500,000.00 became due and demandable.
7. The defendant, despite demand (Exhibit D) from plaintiff, refused to
honor the loan obligation.
8. On February 13, 2016, the plaintiff, for the abovementioned reason,
asked the defendant to vacate the premises.
9. The defendant, despite the demand (Exhibit E) to vacate the premises,
continues to occupy the apartment owned by plaintiff, to his prejudice.
10. On June 30, 2017, with assistance of counsel, the last written demand
(Exhibit F) of plaintiff to the defendant to vacate former’s apartment was
sent;
11. Up until the filing of this complaint, the respondent still refuses to
vacate and restore possession to the plaintiff.

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 Plaintiff:

1. For the restitution of the abovementioned apartment;

2. For the payment of THREE HUNDRED SIXTY THOUSAND PESOS,
Philippine currency, representing the arrears of rent reckoning from
February 13, 2016, the first demand to vacate;
3. To pay the cost of the suit;
Other reliefs, just and equitable as deemed by the court.

Tanjay City, Negros Oriental, April 1, 2018.

ATTY. BRYAN JAY NUIQUE

Counsel for Plaintiff
Nat’l Highway, Tanjay City
Roll of Attorney No. 98765
IBP No. 12345/1-5-23/Tanjay
PTR No. 12345/12-23-23/Tanjay
MCLE Compliance Cert. No. 21235