Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

Branch __
City of Sta Rosa, Laguna

Juan Dela Cruz,

Plaintiff,

-versus- Civil Case No. ______

For: Unlawful Detainer

Pedro Reyes
Defendant.
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COMPLAINT

PLAINTIFF, by counsel, and unto this Honorable Court, states:

-THAT-

1. Plaintiff Juan Dela Cruz is of legal age, Filipino, with residence

and postal address at No. 9 Brgy. Gregoria De Jesus, Gen. Mariano
Alvarez, Cavite. He may be served with summons, notices and other legal
process through his undersigned counsel at _______________.

2. Defendant Pedro Reyes is of legal age, Filipino, with residence

and postal address at 15 Florenceville, Brgy. Tagapo, Sta. Rosa City,
Laguna where she may be served summons and other court processes.

3. Plaintiff is one of the heirs of the late Juana Dela Cruz who was
the absolute owner and lessor of a house and lot situated at 15
Florenceville, Brgy. Tagapo, Sta. Rosa City, Laguna and now leased and
occupied by the Defendant.

4. The Defendant occupies the said property from January 2016

up to the present. As agreed upon between the mother of the plaintiff the
late Juana Dela Cruz and the Defendant in the lease contract executed
sometime in January 2016, defendant has the expressed obligation to pay a
monthly rental of Six Thousand Pesos (Php 6,000.00).

5. The lease contract of the Defendant for the occupation of the

said house and lot has a duration of one (1) year and should have ended in
 Page 2 of 3
Complaint for Unlawful Detainer

December 2016. Sometime in November 2016, Plaintiff’s mother Juana Dela

Cruz passed away in London, United Kingdom. After the untimely demise
of plaintiff’s mother, Defendant refused to pay the agreed rentals. Worst,
they failed to vacate the subject property despite the lapsed of the lease
contract. Since December 2016 up to the present, Defendant has failed to
pay their rentals.

6. Defendant has continued to occupy the said house and lot the
fact that her contract of lease has been terminated on December 2016 thus
depriving the plaintiff from having the said house and lot leased by other
persons;

7. Several demands to pay and vacate was made by plaintiff to

Defendant, both oral and written, but Defendant refused to vacate the said
house and lot and return possession to the plaintiff. Copy of the Demand
Letter sent to Defendant on June 3, 2019 is hereto attached and made
integral part hereof as Annex “A”. Consequently, referred the matter to the
Lupon Tagapamayapa of Brgy. Tagapo, City of Sta. Rosa, Laguna, parties,
however, failed arrive at amicable settlement. Thus, a Katibayan Upang
Makadulog sa Hukuman was issued by the Tanggapan ng Lupong
Tagapamayapa of Brgy. Tagapo, Sta. Rosa City, Laguna. Copy of which is
hereto attached and made integral part hereof as Annex “B”.

8. Until now Defendant still refuses to vacate and restore

possession and pay her rentals for the months December 2016 up to
present;

9. Thus, Defendant is unlawfully withholding possession of the

subject property from the plaintiff despite last and final demand, to the
damage and prejudice of the plaintiff;

10. On account of unjustified refusal of Defendant to pay and

vacate the subject property, Plaintiff was forced to file the instant action
which requires the services of the undersigned counsel, for an agreed fee of
Thirty Thousand Pesos (Php 30,000.00), and caused him to incur litigation
expenses.

PRAYER
 Page 3 of 3
Complaint for Unlawful Detainer

ACCORDINGLY, premises considered, it is most respectfully prayed

of this Honorable Court that after due notice and hearing, judgment be
rendered in favor of Plaintiff, and order Defendant to:

1. Pay the amount of One Hundred Ninety Two Thousand Pesos (Php
192,000.00), representing the arrears of rent now overdue;
2. Vacate the subject property
3. Pay attorney’s fee of not less than Php 30,000.00, plus cost of suit

Other reliefs just and equitable under the premises are likewise
prayed for.

(attorney’s box)

Verification