Republic of the Philippines

National Capital Judicial Region

Metropolitan Trial Court
Branch 62, Makati City

PAULO N. MARIANO,
Plaintiff,
NPS DOCKET NO.
For: Unlawful Detainer
under Rule 70, Rules of
-versus- Court

JACKIRI P. NUMOS,
Defendant.
x---------------------------------x

COMPLAINT

I, PAULO N. MARIANO, of legal age, Filipino, and

presently residing at 63 Milantic Street, San Lorenzo I Village,
Makati City, after being duly sworn in accordance with law,
hereby depose and state:

1. I am the legal representative of Y, the registered owner of

the subject property located at 53 Milantic Street, San
Lorenzo I Village, Makati City. Attached herewith is a copy
of the Special Power of Attory as Annex “1” and made an
integral part hereof.

2. I am filing a complaint for UNLAWFUL DETAINER, as

defined and penalized under Rule 70 of the Rules of Court,
against JACKIRI P. NUMOS, both of legal age, and
presently residing at 53 Milantic Street, San Lorenzo
Village, Makati City.

The facts are as follows:

2.1. On January 1, 2019, Y entered into a contract

with defendant Jackiri Numos for lease of a property
located at No. 53 Milantic Street, San Lorenzo
Village, Makati City for a period of two years
 2

starting on January 1, 2019 until December 31,

2021. Attached herewith is a copy of the Contract of
Lease as Annex “2”.

2.2. It was agreed upon that the rental fees must

be paid in cash amounting to One Hundred Fifty
Thousand pesos (Php 150,000.00) and was to be
given during the _____ of every month until the
contract expires.

2.4. From February 2019 until June 2019, the

defendant was able to pay the monthly rentals but
defaulted in payment from July 2019 until January
2020.

2.5 Sometime in August 2019, Y verbally demanded

for the payment of defendant’s monthly rentals but
his request remained unheeded.

2.6 On December 2019, for continuous failure to

pay the monthly rental fees, Y sent a demand letter
for the payment of the rental fees and to vacate the
property. Attached herewith is a copy of the Demand
Letter as Annex “3”.

3. Under Rule 70 of the Rules of Court, “A person

deprived of the possession of any land or building by force,
intimidation, threat, strategy, or stealth, or a lessor, vendor,
vendee, or other person against whom the possession of any
land or building is unlawfully withheld after the expiration
or termination of the right to hold possession, by virtue of
any contract, express or implied, or the legal representatives
or assigns of any such lessor, vendor, vendee, or other person,
may, at any time within one (1) year after such unlawful
deprivation or withholding of possession, bring an action in
the proper Municipal Trial Court against the person or persons
unlawfully withholding or depriving of possession, or any
person or persons claiming under them, for the restitution of
such possession, together with damages and costs.”

4. In Rene Michael French v. Court of Appeals, the

Supreme Court said, “A complaint for an action for unlawful
detainer is sufficient if the following allegations are present: (1)
initially, possession of property by the defendant was by
contract with or by tolerance of the plaintiff; (2) eventually,
 3

such possession became illegal upon notice by plaintiff to

defendant of the termination of the latter's right of possession;
(3) thereafter, the defendant remained in possession of the
property and deprived the plaintiff of the enjoyment thereof;
and (4) within one year from the last demand on defendant to
vacate the property, the plaintiff instituted the complaint for
ejectment.”1

5. All of the foregoing elements of Rule 70 are present in

this case: defendant had prior legal possession of the
property but subsequently became illegal due to non-
payment of the rental fees; that defendant remained in
possession of the property even after demand to pay and
vacate was made against him and, ejectment suit is
brought by plaintiff within one (1) year from the last
demand by the lessor.

6. Accordingly, it is ineluctable to conclude that

defendant is indictable for Unlawful Detainer, as defined
under Rule 70 of the Rules of Court.

PRAYER

WHEREFORE, premises considered, it is most

respectfully prayed that after due hearing, judgment be
rendered ordering the defendant to pay the following sum:

(1)Php1,050,000.00, as payment of rental fees from

July 2019 to January 2020;
(2) Php200,000.00, as and by way of moral and
exemplary damages;
(3)Php200,000.00, as and by way of attorney’s fees
and litigation expenses and the additional sum of
Php5,000.00 per hearing as appearance fee of
undersigned counsel; and
(4) Costs of suit.

Other just and equitable reliefs are likewise prayed for.

Makati City, January 11, 2020.

PAULO N. MARIANO
Plaintiff
1
G.R. No. 220057, July 12, 2017.
 4

CERTIFICATE
OF NON-FORUM SHOPPING

I, PAULO N. MARIANO, of legal age, Filipino, single and

presently residing at 63 Milantic Street, San Lorenzo Village,
Makati City, after being duly sworn in accordance with law,
hereby depose and state:
1. I am the Attorney-in-fact of Plaintiff Y in the above-
captioned complaint, as evidenced by a Special Power of
Attorney (attached as Annex “A” hereof) duly executed by Mr.
Y;

2. I certify that to the best of my knowledge, Mr. Y has

not instituted any other action involving the same matter or
cause of action nor is there any pending before the Supreme
Court, Court of Appeals, or any of its divisions, ordinary
courts or agencies.

3. I hereby further warrant that should I learn of any

such case, pending or otherwise, the same would be reported
before this Honorable Court within five (5) days therefrom.

IN WITNESS WHEREOF, I have hereunto affixed my

signature this 11th day of January, 2020 in Makati City,
Philippines.

PAULO N. MARIANO
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this 11 th

day of January 2020 in Makati City, affiant exhibiting to me
his Driver’s License no. N05-82-010272 issued by LTO and
expiring on June 8, 2023.

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 2020.