Republic of the Philippines

MUNICIPAL TRIAL COURT

Laoag City
Branch 2

ISHUNA M. AKINKHUA
Plaintiff

-versus- Civil Case No. _______

For: Ejectment
THERESE P. ASHER,
Defendant.
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COMPLAINT

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

respectfully states, that:

1. Plaintiff is of legal age, married, Filipino, with residence and

postal address at #2023 Likaw St., Brgy. 18 Nadulin, Laoag City,
Ilocos Norte where he may be served notices and other court
processes;

2. Defendant is of legal age, single, Filipino, with residence and

postal address at #12-A Nagulo St. Nauneg Subdivision, Laoag
City, Ilocos Norte, where he may be served summons and other
court processes;

3. Plaintiff is the absolute owner of a certain townhouse situated

at #12-A Nagulo St. Nauneg Subdivision, Laoag City, Ilocos
Norte, which is the residence address of the defendant. The
above property is covered by transfer Certificate of Title No.
(32212) T-23857-A of the Registry of Deeds of Laoag City
registered in the name of Household Development Corporation.
Copy of the Transfer Certificate of Title is hereto attached and
marked Annex “A”;

4. That House Development Corporation had previousu executed a

Deed of Absolute Sale in favor of plaintiff, a copy of the Deed of
Sale is hereto attached as Annex “B” and is made integral part
hereof;

5. Sometime on 2020, a conditional deed of sale was executed by

and between plaintiff and defendant whereby plaintiff offered ot
sell and defendant offered to purchase the above described
townhouse in the amount of Php 12,800,000 payable on
installement at Php 2,560,000 a month for 5 months;

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 6. Of the total contract price of Php 12,800,000, defendant were
able to make payments in the total amount of Php 5,120,000 only
leaving a balance of Php 7,680,000 as of sometime year 2021,
which was the lat date of payment. No further payments were
made thereafter;

7. Sometime March 23, 2021, a demand letter to pay defendant’s

outstanding balance was sent to defendant but to no avail. Copy
of the letter is hereto attached as Annex “C” and is made integral
part hereof. Defendant refused to make payments and have to
date not paid his outstanding balance despite repeated demands
both oral and in writing;

8. On August 12, 2021, plaintiff thru counsel sent another demand

letter this time rescinding the contract to sell and to vacate the
premises within 10 days from receipt of the said letter. The said
letter was received by defendant herself. Copy of the letter
demand to vacate and the proof of receipt is hereto attached and
marked as Annex “D”;

9. Despite demands by plaintiff to vacate the premises, defendant

refused and still refuses to vacate the premises;

10. Due to unjustified refusal and failure of defendant to vacate the

subject property, plaintiff was constrained to engage th services
of undersigned counsel for which defendant should be ordered
to pay attorney’s acceptance fee in the amount of Php 50,000
and appearance fee of Php 2,500 for every court appearance;

11. As reasonable value for the use and continued occupation of the
premises from the date of filing of this complaint, defendant
should likwise be ordered to pay the sum of Php 15,000 a month
up to the time he finally vacete the premises;

12. Considering that the parties involved in this case are not
residents of the same barangay or adjacent barangay, referal for
barangay concilliation is dispensed with;

13. For the unjustified refusal of defendant in not vacating the

premises, she should be made liable to pay costs of suit.

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. To vacate the subject premises and to surrender peaceful

possession thereof to plaintiffs;

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 2. To pay the sum of Php 15,000 per month as reasonable
compensation for the use of the property;

3. Topay the sum of Php 50,000 as attorney’s fee and

appearance fees of Php 2,500;

4. To pay cost of suit.

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

Laoag City, Ilocos Norte, Philippines, January 13, 2023.

Maria Danica Dimagiba

Counsel for Plaintiff
High Rise Bldg. Nangato St.
Brgy. D Magawat, Laoag City

ATTACH:

Verification and Certification of Non-forum Shopping

Annexes

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