REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
Branch ___
Quezon City

GLORIOUS SUN AGRICULTURAL &

DEVELOPMENT CORP.,
represented by _________________
Plaintiff,

- versus - Civil Case No. ____________

For: EJECTMENT CASE
(Unlawful Detainer)

LINA CARIÑO MARTINEZ, CATALINA

CARIÑO, and all persons claiming
rights
over the subject property,
Defendants.
X - - - - - - - - - - - - - - - - - - - - - - - -X

COMPLAINT

PLAINTIFF, by counsel, and unto this Honorable Court, most

respectfully allege: -THAT-

1. Plaintiff is a domestic corporation duly organized and existing under

the laws of the Republic of the Philippines with business address at
No. 19 Marunong Street, Brgy. Central, Quezon City;

2. Plaintiff is represented in this instance by its VP for Finance

______________ who has been duly authorized to represent the
Plaintiff in the filing and prosecution of this Complaint as shown by
the Board Resolution dated ___________. A copy of the Board
Resolution dated ____________ is hereto attached and marked as
ANNEX “A”;
3. Defendants are of legal age, Filipino, with residence and postal
address at 1563 Burbank Avenue, Brookside Hills, Cainta, Rizal,
where they may be served summons and other court processes;

4. Plaintiff is the absolute owner and lessor of that certain parcel of land
with improvements as evidenced by Transfer Certificate of Title No.
606331, located at ___________________________, Cainta, Rizal
(“Property” for brevity) with an area of Two Hundred Eighty Two (282)
square meters. A copy of the said Transfer Certificate of Title No.
606331 is hereto attached and marked as ANNEX “B”;

5. The Defendants lease and occupy the said property from 20 October
2009 until present as agreed upon between the Plaintiff and
Defendant Catalina Cariño in the Contract to Sell executed on 18
September 2009 under the express obligation to pay a monthly rental
of THIRTY THOUSAND (Php30,000.00) PESOS until full payment of
the principal amount of TWO MILLION EIGHT HUNDRED
THOUSAND (Php2,800,000.00) PESOS. A copy of the said Contract
to Sell dated 18 September 2009 is hereto attached and marked as
ANNEX “C”;

6. The Contract to Sell of the Defendants for the occupation of said

property has been terminated as stated under Section X (a) thereof,
to wit:
-xxx-
SECTION X – Events and Default:

a) In case the BUYER-LESSEE violates or fails to

comply with any provision under this Contract to Sell,
the SELLER-LESSOR may terminate or cancel this
Contract and all payments made by the BUYER-
LESSEE hereunder shall be forfeited in favor of the
SELLER-LESSOR and considered as rentals for the
use of the premises and/or compensation for
whatever damage obtained by the SELLER-LESSOR
on account of such breach or violation.;
-xxx-

7. During the course of the Defendants’ occupation of the said property,

Defendants have failed to pay rentals from 07 September 2019 up to
 present despite the Promissory Note signed and executed by
Defendant Lina Cariño Martinez on 06 September 2019. A copy of
the Promissory Note dated 06 September 2019 is hereto attached
and marked as ANNEX “D”;

8. Defendants have continued to occupy the said property

notwithstanding the previous demand to pay and vacate the said
property thus depriving the plaintiff from having the said property
leased by other persons;

9. By reason of defendants continued unlawful occupancy of the subject

premises, Plaintiff referred the matter to its lawyer who immediately
sent formal demands upon the defendants to vacate the premises
and pay her rentals;

10. Several demands to vacate were made by plaintiff to

Defendants, both oral and written, but Defendants refused to vacate
the said property and return possession to the plaintiff. Copies of the
Demand Letters dated 17 June 2019 and 31 January 2020 are hereto
attached and marked as ANNEXES “E” and “F”, respectively;

11. Despite notice, however, Defendants failed and refused and

continues to fail and refuse to vacate the premises without valid or
legal justification and pay her rentals from 07 September 2019 up to
present during her occupation of the said property;

12. Thus, Defendants are unlawfully withholding possession of the

subject said property from the plaintiff despite last and final demand,
to the damage and prejudice of 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. Ordering the Defendants to vacate the subject property;

 2. Ordering the Defendants to pay the Plaintiff the amount of THREE
MILLION EIGHTY TWO THOUSAND (Php3,082,000.00) PESOS as
reasonable compensation for the use of the subject property from 07
September 2019, until the subject property is vacated and restored to
the Plaintiff;

3. Ordering the Defendants to pay Plaintiff the amount of FIFTY

THOUSAND (Php50,000.00) PESOS for and as attorney's fees;

4. Ordering the Defendants to pay Plaintiff not less than TWENTY FIVE
PERCENT (25%) of the purchase price by way of liquidated
damages;

5. Ordering the Defendants to pay Plaintiff the amount of FIFTY

THOUSAND (Php50,0000.00) PESOS by way of moral damages;
and

6. Ordering Defendants to pay the cost of the suit.

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

Quezon City, Philippines, February ___, 2021.

INOCENTES CANONIZADO
AND ASSOCIATES, CO.
Counsel for the Private Complainant
No. 19 Marunong Street, Central District, Quezon
City
Tel No. 8921-47-75 Telefax No. 8922-28-04

By:

ATTY. VICENTE ROMULO PAGAOA

Roll No. 27524
IBP No. AR63702623/01-10-2020 /Quezon City
PTR No. 9419071/01-10-2020/Quezon City
MCLE Compliance No. VII-0008305/April 20, 2018
Republic of the Philippines )
Quezon City ) S.S.

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, EDITA U. CANARIA, of legal age, Filipino, with office address at

No.19 Marunong Street, Central District, Quezon City 1100, after having
duly sworn to in accordance with law, do hereby depose and state:

1. That I am the representative of the Plaintiff in the above-entitled case;

2. That I have caused the preparation and filing of the foregoing

Complaint and I have read all the allegations therein which are true
and correct based on my personal knowledge and authentic
documents; and

3. That I further certify that there is no pending action or proceeding

involving the same issues in the Supreme Court, Court of Appeals, or
any other tribunal or agency. If I should thereafter learn that the same
or similar action is pending, I shall undertake to inform the Honorable
Court of this fact within five (5) days therefrom.
IN WITNESS WHEREOF, I have hereunto affixed my signature.

EDITA U. CANARIA
Affiant

BEFORE ME, a Notary Public for , personally appeared affiant with

Identification No. SSS ID No. 33-3119832-9 known to me and known to be
the same person who acknowledged to me that the same was executed
with her own free will and voluntary act and deed.

WITNESS MY HAND AND SEAL this day of 2021

at .

Doc. No. NOTARY PUBLIC

Page No.
Book No.
Series of 2021.