REPUBLIC OF THE PHILIPPINES

Metropolitan Trial Court

NATIONAL CAPITAL JUDICIAL REGION
PASAY CITY, BRANCH _____

AAAAAAAAAAAAA,
Plaintiff,

-VERSUS- CIVIL CASE NO. _________________

FOR: EJECTMENT
BBBBBBBBBBBBBB,
Defendant.
x--------------------------------------------------------x

COMPLAINT

Plaintiff, by counsel, unto this Honorable Court respectfully states:

1. PLAINTIFF ADVANCED FOUNDATION CONSTRUCTION SYSTEMS

CORPORATION (AFCSC for brevity), is a corporation duly organized and
existing under and by virtue of the laws of the Republic of the Philippines
with business address at Unit 12-B, 12th Floor Petron MegaPlaza Building, 358
Senator Gil Puyat Avenue, Makati City herein represented by Ms. Suzette R.
Esma. A copy of the Secretary’s Certificate to file this complaint and sign the
verification/certification is hereto attached and made integral part hereof as
Annex A;

2. Defendant GIANNI MODICA is of legal age, a foreigner, and

with address at Unit 604 Somerset Tower I, Leveriza Street, Pasay City, where
he may be served with summons and other court processes (hereinafter
“DEFENDANT” for brevity);

This action includes as defendants all persons claiming rights under

said defendant or any or all occupants of Unit 604 Somerset Tower I, Leveriza
Street, Pasay City.

3. AFCSC is the owner of Condominium Unit 604 Somerset Tower I,

Leveriza Street, Pasay City (hereinafter referred to as the UNIT);

4. On October 30, 2007, defendant entered into a Contract of Lease

with the Plaintiff over the above subject Condominium Unit for a term of six
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(6) months at a monthly rental of SEVENTEEN THOUSAND FIVE HUNDRED

PESOS (Php17,500.oo) payable to the plaintiff.

A photocopy of the above mentioned Lease Contract is hereto made as

an integral part hereof and marked as Annex “B”.

5. Among the other stipulations agreed upon by plaintiff and

defendant in their lease contract are as follows:

a) Plaintiff is entitled to possession of the condominium unit

upon expiration of lease contract, as stated in paragraph 12 thereof, to
wit:
“12. RETURN OF PREMISES – Upon termination of this
contract whether by reason of the expiration of the term or any
breach per default of the LESSEE, the LESSEE, shall without delay,
return and surrender the leased premises in as good and
tenantable condition as they were at the beginning of the lease,
ordinary wear and tear excepted, devoid of all occupants, xxx xxx”.

b) Plaintiff is entitled to liquidated damages of 140% of the

prevailing monthly rental for every month of delay whenever defendant
failed to surrender possession of the unit to plaintiff, and this is stated
in paragraph 13 thereof, to wit:
“13. FAILURE TO RETURN – If the lease premises are not
returned at the termination of the lease, the LESSEE shall be
responsible to the LESSOR for all damages which the LESSOR may
suffer for any reason thereof, and shall indemnify the LESSOR
against any and all claims which may be made by any succeeding
LESSEE against the LESSOR arising from delay in delivery
possession of the premises by the LESSOR and shall be entitled to
liquidated damages for unlawful detained or failure to return the
premises after the terms of this lease at the rate of one hundred
forty percent (140%) of the prevailing monthly rental for every
month of delay xxx xxx”.
c) Plaintiff non-exercise of its rights under the lease contract
does not amount to waiver or relinquishment of its right as provided
for in paragraph 11 of the Lease Contract.

6. Defendant incurred some unpaid rentals, however, considering

that defendant and Mr. Ettore Rossi (the President of plaintiff) knew each
other, plaintiff renewed this lease contract under the same terms and
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conditions and for a lesser monthly rental of FIFTEEN THOUSAND PESOS

(Php15,000.oo) payable to plaintiff for the period of six (6) months from
November 10, 2008 up to May 9, 2009.

A photocopy of this “Lease of Renewal Contract” is hereto made as an

integral part hereof and marked as Annex “C”.

7. Defendant defaulted in paying his monthly rentals, thus, on June

8, 2009, plaintiff through its Miss Cristy B. Luyon, Finance Manager, sent a
demand letter to defendant to pay the Php105,000.oo unpaid rentals as of
that date. A photocopy of said demand letter is hereto attached and marked as
Annex “D”.

8. Eventually, the lease contract expired, and though defendant had

still some unpaid rentals defendant requested its renewal and promised to
settle his unpaid rentals. With such promise and the fact that defendant and
Mr. Ettore Rossi knew each other, plaintiff did renew the lease contract under
the same terms and conditions at a monthly rental of FIFTEEN THOUSAND
PESOS (Php15,000.oo), and this renewed lease contract covers the period of
six (6) months from May 10, 2011 up to November 9, 2011.

A photocopy of this “Lease of Renewal Contract” dated July 11, 2010 is

hereto made as an integral part hereof and marked as Annex “E”.

9. Unfortunately, defendant still defaulted in paying the accruing

monthly rentals, and despite the grace period to update his rental payments
and to pay all the monthly rentals due, defendant failed and continuously had
not done so;

10. By reason of said accumulating arrears of defendant, plaintiff

was worried about the payment of Condominium Association Dues, thus,
plaintiff through its President, Mr. Ettore Rossi, notified the condominium
Property Manager about the non-payment by defendant of the monthly
rentals. A photocopy of said letter dated July 17, 2012 is hereto attached and
marked as Annex “F”.
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11. The rental arrearages of defendant as of July 9, 2013 amounted

to FIVE HUNDRED SEVENTY THOUSAND (Php 570,000.oo) Pesos which
covers the period of July 2008 to January 2009, and from January 2011 up to
the last sending of the Demand to Vacate and Pay Rentals on July 18, 2013 or
about 38 months already;

12. On July 18, 2013, plaintiff sent a Final Demand to Vacate

Condominium Unit 604 Somerset Tower I, Leveriza Street, Pasay City and to Pay
rental arrearages of FIVE HUNDRED SEVENTY THOUSAND (Php570,000.oo)
Pesos through a letter dated July 17, 2013 upon defendant through personal
service. The said demand letter was served by plaintiff’s messenger and the
same was received by his son, Gian Franco Modica, a person of suitable age
and discretion, as evidenced by his signature at the bottom of said letter.

Photocopies of Demand Letter dated July 17, 2013 and the Affidavit of
Service of plaintiff’s messenger, who served the Demand Letter unto the
defendant, are hereto made as integral parts hereof and marked as Annexes
“G” and “H”.

13. The one year period for the filing of an ejectment case is
reckoned from the date of the last demand;

14. Despite the fact that the defendant is not anymore entitled to the
occupation and possession of the subject Unit by virtue of the expiration of
contract, the non-payment of rentals, and final notice and demand to vacate
the same, defendant refused and continuously fails to restore plaintiff AFCSC
to the possession of the subject Unit;

15. The continuous possession by the defendant and his refusal to

restore AFCSC to the possession of the Unit has become illegal and unlawful,
and AFCSC is now entitled to the immediate possession of the same;

16. As the defendant is adamant in his refusal to vacate the Unit and
to enforce its rights and interest, AFCSC was constrained to institute this suit
and engage the services of a counsel for which AFCSC has to incur attorney’s
fees of TWENTY THOUSAND PESOS (Php 20,000.00);
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17. To serve as an example for the public good to the end that a
person be discouraged from the unlawful possession of a property to which
he has no more right whatsoever, AFCSC should be awarded exemplary
damages of TWENTY THOUSAND PESOS (Php20,000.00);

18. Likewise, AFCSC is entitled to a reasonable rent of FIFTEN

THOUSAND PESOS (Php15,000.00) for the subject Unit, from the filing of the
Complaint until defendants and all persons claiming rights under them
physically vacate the Unit;

19. AFCSC is also entitled to liquidated damages of 140% of the

prevailing monthly rental for every month of delay of defendant to surrender
the leased UNIT to AFCSC;

20. AFCSC is also entitled to the other costs of the suit.

WHEREFORE, premises considered, it is respectfully moved unto this

Honorable Court that after due summary proceedings, judgment be rendered
as follows:
1. Defendant and all persons claiming rights under him be ordered
to vacate Condominium Unit 604 Somerset Tower I, Leveriza Street, Pasay City,
the subject Unit, and restore ADVANCED FOUNDATION CONSTRUCTION
SYSTEMS CORPORATION (AFCSC) to the possession thereof;

2. AFCSC be awarded the following to wit:

a) Php570,000.oo as and by way of unpaid rentals

b] Php20,000.00 as and by way of attorney’s fees;
c) Php20,000.00 as and by way of exemplary damages;
d) Reasonable rent of P15,000.00 as and by way of monthly
rent for the subject Unit to commence from the date of the filing
of the complaint until the subject Unit is peacefully restored
and/or surrendered to AFCSC;
d) Legal interest on all the foregoing amounts from the date
of the filing of the complaint until payment of the defendants;
and
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e] The equivalent amount of 140% of the prevailing monthly

rental for every month of delay to surrender possession of the
UNIT as and by of liquidated damages; and

3. Costs of suit.

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

Makati City, July 31, 2013.

Atty. ROGER ALIM RODRIGUEZ

Counsel for PLAINTIFF
Unit 12-B, 12th Floor Petron Megaplaza Building
# 358 Sen. Gil Puyat Avenue, Makati City
P.T.R. No. 8439481 * Pasig City * January 11, 2013
I.B.P No. 882584 * Pasig City * January 10,uil 2013
MCLE No. III 14549 * Pasig City * April 26, 2010
Roll No. 47673
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REPUBLIC OF THE PHILIPPINES)

____________________________) SS.

VERIFICATION and CERTIFICATE OF NON FORUM SHOPPING

I, SUZETTE R. ESMA, of legal age and Filipino, after having been duly sworn to in accordance
with law, depose and state THAT:

I am the duly authorized representative of plaintiff in the above-entitled case as evidenced by

Secretary Certificate; I have caused the preparation and filing of the foregoing Complaint and
I have read and understood the contents thereof and the same are true and correct to the
best of my personal knowledge and based on authentic records on hand;

Furthermore, in compliance with the Rules of Court, I hereby certify that I have not
commenced any other action or proceedings involving the same issues in the Supreme Court, the
Court of Appeals, or different divisions thereof, or any other tribunal or agency; and that to the
best of my knowledge, no such action or proceeding is pending in the Supreme Court, the Court of
Appeals, or any other tribunal or agency. If I learn that a similar action or proceeding has been
filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or
agency, I shall notify the court, tribunal or agency within five (5) days from notice.

AFFIANT SAYETH NAUGHT.

IN WITNESS WHEREOF, I hereunto affix my signature this July ___, 2013.

SUZETTE R. ESMA
Affiant

SUBSCRIBED AND SWORN to before me this July ___, 2013; affiant exhibited to me her SSS
I.D. Number __________________ .

DOC. NO. ____

PAGE NO. ____ NOTARY PUBLIC
BOOK NO. ____
Series of 2013.