Republic of the Philippines

METROPOLITAN TRIAL COURT

National Capital Judicial Region
Branch __, Quezon City
Ian Alba,
Plaintiff,
CIVIL CASE NO. 12345
-versus-
For: Unlawful Detainer
Jun Miranda, with writ of Preliminary Mandatory
Injunction
Defendant.
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COMPLAINT

COMES NOW, Plaintiff Ian Alba, through undersigned counsel, unto this
Honorable Court most respectfully alleges that:
1. Plaintiff, Ian Alba, is of legal age, Filipino, single and a resident of 9
South Aguila, Green Cross Subdivision, Quezon City, where the
plaintiff may be served with court processes;

2. The defendant, Jun Miranda, is of legal age, Filipino, single and a

resident of 9 West Aguila, Green Cross Subdivision, Quezon City,
where he may be served with summons and other court processes;

3. Herein Plaintiff is the true, lawful, absolute owner and lessor of the
house and lot located in of 9 West Aguila, Green Cross Subdivision,
 Quezon City;
4. That on May 01, 2006, plaintiff entered a written contract with
defendant whereby the former leased to the latter the above-described
property for the period of six (6) months, starting on January 1, 2007- June
2007 for the monthly rental of fifty thousand pesos (Php 50,000.00), copy of
which contract of lease is attached hereto as Annex “A”, made as an
integral part hereof;#7B 2 of 5

5. That by virtue of the said contract, Annex “A”, defendant took

possession of the property in question on January 1, 2007, and he is still
in possession of the same up to the present time;

6. That the defendant failed to pay his monthly rentals from the months
of January 01, 2007 up to the present which amounts to three hundred
thousand (Php 300, 000.00) plus interest, and continue to
maintain his occupation and use of the facilities despite demand of
payment and/or leave the premise upon payment and still refuses to
vacate the property, in spite of repeated demands and a written notice
in advance thereof; a copy of Demand Letters both the initial and final
demand is hereby attached as Annex “B-1” and “B-2” of the complaint;

7. Plaintiff is constrained to bring this action against defendant and to

retain the services of a counsel to protect his rights therefore and
incurred a considerable sum of money for attorney’s fee and other
litigation expenses as may be proved in the course of the proceedings
of this case;
8. Likewise, the continuance of the possession by the defendant against
 plaintiff’s property would work grave injustice to the plaintiff and that
great irreparable damage and injury would result to him before the
matter can be heard unless a writ of preliminary mandatory injunction
is issued;
9. Plaintiff is ready and willing to post a bond executed to defendant in
the amount to be fixed by this Honorable Court to answer for whatever
damages defendant may incur because of injunction.

WHEREFORE, it is respectfully prayed that a writ of preliminary mandatory

injunction be immediately issued by this Honorable Court for the performance
of the defendant of a particular act, that is to vacate the premises while
pending litigation,
And after due hearing, judgment be rendered in favor of the plaintiff to wit:
a. Granting the Writ of preliminary mandatory Injunction permanent;

b. Ordering defendant to pay the plaintiff the amount of three hundred

thousand (Php 300, 000.00) plus interest at the court’s determination;

c. Ordering defendant to pay actual and compensatory damages to the

plaintiff in the amount to be presented during the trial;#7B 3 of 5

d. To pay attorney’s fee and the cost of this suit in the amount to be

presented during the trial; and

e. To pay moral damages and exemplary damages to deter others from

committing the same in the amount to be presented during the trial.

Plaintiff further prays for such other relief the Honorable Court may deem

just and equitable in the premises.

Makati City, Philippines, October 1, 2006.

ATTY. JUAN DELA CRUZ

Notary Public
Valid until December 31, 2019
Roll of Attorneys No. *****
PTR NO. *******, Manila, June 27, 2019
IBP NO. *******, Manila, June 27, 2019
MCLE Compliance. No. IV-*************

REPUBLIC OF THE PHILIPPINES)

CITY OF MANILA) S.S.
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VERIFICATION/CERTIFICATION

I, IAN ALBA, of legal age, on oath, depose and state:

a. That I am the plaintiff in the above-entitled case;
b. That I have caused the preparation of the foregoing complaint;
c. That I have read and understood its contents and that the same are true
and correct to the best of my knowledge and belief.
d. That I have not theretofore commenced any petition or proceeding
involving the same issues in any court, tribunal, or quasi-judicial
agency and to the best of my knowledge, no such other petition is
pending therein; if there is such other pending action or claim, a
complete statement of the present status thereof; and if I should
thereafter learn that the same or similar action or claim has been filed
or is pending, I shall report that fact within five (5) days therefrom to
the court wherein my aforesaid petition has been filed.

IAN ALBA
Affiant
PRC ID No.: *******
Issued at Manila City
Issued on 2 January 2017#7B
 SUBSCRIBED AND SWORN TO before me this 10th of April 2019,
in the City of Manila after showing to me his competent evidence of identity
indicated below his name.

I HEREBY CERTIFY that I personally examined the affiant and I am

satisfied that she voluntarily executed and understood his declaration on the
place and date above written.

ATTY. Juan Dela Cruz

Notary Public
Valid until December 31, 2019
Roll of Attorneys No. ******
PTR NO.********, Manila, June 27, 2019
IBP NO. ********, Manila, June 27, 2019
MCLE Compliance. No. IV-********