Republic of the Philippines

PROVINCE OF BENGUET
Municipal Trial Court
La Trinidad, Benguet

ESTEBAN I. PATTING III, Civil Case No. 580

Plaintiff,
F O R :

-versus- UNLAWFUL DETAINER

MARITA L. DEJADO,
Defendant.
X - - - - - - - - - - - X

COMPLAINT

COMES NOW Plaintiff, through the undersigned counsel to this Honorable

Court respectfully states;

1. Plaintiff is of legal age, Filipino, single, and a resident of No. 65 Bakakeng

Norte, Baguio City, Philippines. For purposes of this action, Plaintiff may be
served with copies of our notices and orders of the Honorable Court at the
office address of the undersigned counsel indicated below;

2. Defendant is also of legal age, Filipino, married and for purposes of this
action, he may be served with summons and other processes of this
Honorable Court at his residence and post-office address at No. 31, Zone 2,
Buyagan, La Trinidad, Benguet, Philippines;

3. Plaintiff owns a two-door business stall located at #45 Strawberry Farm, La

Trinidad, Benguet which it leased to defendant under the terms and
conditions stated in the Contract of Lease dated October 25, 2020, which
contract expires on October 24, 2023. A copy of the contract is attached as
ANNEX ‘A’.

4. Upon expiration of the contract, plaintiff informed defendant of its intention not
to renew the lease as it would use the property for its business expansion;
thus, plaintiff asked defendant to vacate the premises. A copy of plaintiff’s
letter to defendant is attached as ANNEX ‘B’.

5. Despite demand duly made and received, defendant has refused to vacate
the premises and continues to occupy the property without plaintiff’s
consent. Resort to the Barangay conciliation system proved useless

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 as defendant refused to appear before the Lupong Tagapamayapa. A
Certification to File Action is attached as ANNEX ‘C’.

6. Defendant’s act of dispossession has caused plaintiff to suffer material injury

because plaintiff’s business expansion plans could not be implemented
despite the arrival of machineries specifically leased for this purpose at the
rental rate of PhP 10,000 per month. Defendant’s continued occupation of the
premises has also forced plaintiff to sue and to incur legal expenses
amounting to Fifty Thousand Pesos (P50,000.00).

7. Plaintiff respectfully prays for judgment in its favor by ordering defendant to

vacate the property and peacefully turn over possession to plaintiff and for
defendant to pay plaintiff the amount of P40,000.00 representing rentals on
the machineries for four (4) months and Fifty Thousand Pesos (P50,000.00)
for Attorney’s fees.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed to this Honorable

Court that judgment be rendered in favor of the Plaintiff against the Defendant, to
wit:

a. Ordering the Defendant, his family, successors, assigns and all persons
acting under him, to vacate the two-door business stall at #45 Strawberry
Farm, La Trinidad, Benguet;

b. Ordering the Defendant to pay the Plaintiff the amount of FIFTY

THOUSAND (Php 50, 000.00) pesos as moral damages;

c. Ordering the Defendant to pay the Plaintiff the amount of FIFTY

THOUSAND (Php 50, 000.00) pesos as Attorney’s Fee and FORTY
THOUSAND PESOS (Php 40,000.00) for the rental of machineries;

d. To pay the costs of suit;

Plaintiff prays for other reliefs just and equitable under the premises.

Respectfully submitted.

Baguio City. November 5, 2023.

ALBERTO G. YAMATO
Counsel for the Plaintiff
Unit 23, 3rd Flr., Peliz Loi Building
Upper Session Road, Baguio City
ROLL OF ATTORNEYS NO. 45284
IBP NO. 042195, 08/12/2025
PTR NO.2334695, 08/12/2025, Baguio City
MCLE Compliance No. 123434

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Republic of the Philippines )
Baguio City ) S. S.
x------------------------------------------------------x

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, ESTEBAN I. PATTING III, of legal age, single, Filipino citizen and presently
residing at No. 65 Bakakeng Norte, Baguio City, Philippines, after having been duly
sworn to in accordance with law depose and state THAT:

1. I caused the preparation and filing of the foregoing Complaint;

2. 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 at hand. This complaint is not being filed to harass,
cause unnecessary delay or needlessly increase the cost of litigation. The
factual allegation in the complaint has evidentiary support or will likewise
have evidentiary support after a reasonable opportunity for discovery;

3. I have not commenced any other action or filed any claim involving the same
issue in any court, tribunal or quasi-judicial agency;

4. To the best of my knowledge, no such other claim or action is pending before

any court, tribunal or quasi-judicial agency;

5. That if I learn of any case involving the same issues, cause of action, and
parties, is pending on any court, administrative tribunals, or quasi-judicial
bodies, I will inform the Honorable Court of the said case within five (5)
calendar days from receipt thereof.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 5 th day of

November 2023 at Baguio City, Philippines.

ESTEBAN I. PATTING III

Affiant

SUBSCRIBED AND SWORN to before me this November 5, 2023 in Baguio

City by affiant who exhibited his PRC License No. 10987 with picture issued on
January 25, 2022.

Doc. No. 8; MAILA C. LIBANG

NOTARY PUBLIC
Page No. 5; Unit 3, 4th Flr., BPI Building
Book No. 2; Leonida Hills, Baguio City
Series of 2024. ROLL OF ATTORNEYS NO. 45284
IBP NO. 042195, 08/12/2025
PTR NO.2334695, 08/12/2025, Baguio City
MCLE Compliance No. 123434
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