Republic of the Philippines

MUNICIPAL TRIAL COURT

Davao City

ANDRE DELA CRUZ

Plaintiff,
Civil Case No. 0824
For: Unlawful Detainer
NINA SANTOS
Respondent.

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

COMPLAINT
PLAINTIFF, by counsel, and unto this Honorable Court, most respectfully
allege: THAT
1. Plaintiff is of legal age, Filipino, with residence and postal address at 192
Nickelodeon St. El Rio Subdivision, Davao City where he may be served notices
and other court processes;
2. Respondent is of legal age, Filipino, with residence and postal address at Lot 8, Blk
4, MinnieW Subdivision, Davao city;
3. Plaintiff is the absolute owner and lessor of that certain apartment situated in Davao
City and now leased ad occupied by the respondent;
4. Pursuant to the lease contract (Exhibit A) executed by the plaintiff and the
respondent dated November 8, 2018, the respondent is obliged to pay a monthly
rental payment of P10,000.00 to the plaintiff;
5. A stipulation in the said lease contract provides that in case of default by the lessee
of the payment of the rent such as when the checks are dishonored, the plaintiff at
its option may terminate this contract and eject the lessee;
6. On January 28, 2019, the plaintiff tried to encash BPI Check No. 25613
corresponding to the rental payment for the month of January but the same was
dishonored due to insufficiency of funds;
7. On the same day, plaintiff informed the respondent that the latter’s check was
dishonored and demanded that formed be paid in cash instead but the respondent
failed to do so;
8. On March 1, 2019, the plaintiff tried to encash BPI Check No. 25614 corresponding
to the rental payment for the month of February but the same was also dishonored
due to insufficiency of funds;
9. On the same day, plaintiff again went to the respondent and demanded for the
payment of the two dishonored checks and for respondent to vacate the premises but
respondent failed to tender payment and refused to vacate the premises;
10. On March 12, 2019, plaintiff, with assistance of a counsel, sent a formal
demand letter (Exhibit B) to the respondent giving him ten days to make his rental
payment and vacate the premises
11. On March 22, 2019, at the expiration of the ten-day grace period given by
the plaintiff, the respondent still has not made his payment and consistently refused
to vacate the apartments;
12. Until now, respondent still refuse to vacate and restore possession and pay
his rentals.
13. Thus, respondent is unlawfully withholding possession of the subject
apartment from the plaintiff despite last and final demand, to the damage and
prejudice of the plaintiff;
14. Before filing this complaint, the dispute has been referred to the Lupong
Tagapamayapa of Cavite City but the respondent failed to appear, hence, no
amicable settlement was made (Exhibit C).

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 TWENTY THOUSAND PESOS (P20,000.00), Philippine
currency, representing the arrears of rent now overdue;
3. To pay the cost of the suit
Other reliefs just and equitable under the premises are likewise prayed for.
 Davao City, Philippines, January 31, 2020.

ATTY. RAUL ROCO

Counsel for Plaintiff
Diamond Star Law Firm
119 Camellia Villas, Davao City

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

Republic of the Philippines
(City of Cavite ) S.S.

I, ANDRE DELA CRUZ, of legal age, after having been duly sworn in
accordance with law, depose and state that:
1. I am a plaintiff in the above-stated case;
2. I caused the preparation of the foregoing complaint;
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.

Cavite City, Philippines, January 31, 2020

 __________________
ANDRE DELA CRUZ

SUBSCRIBED AND SWORN to before me this 31st day of January 2020

at Davao City, Philippines affiant exhibiting to me her Passport No. 522824 issued
in DFA Davao 2013.
Doc. No.___________;
Page No.___________;
Book No.__________;
Series of 2020.