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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES


11th Judicial Region
Panabo City, Davao del Norte

MARYKNOLL COLLEGE SP. CIVIL CASE NO. ___


OF PANABO, INC. For: Unlawful Detainer,
Rep. by Sr. Ma. Edna Costs, & Attorney’s Fees
A. Billiones and
Dr. Dennis A. Anduyan
Plaintiff,

-versus-

ELPIDIO C. NUYAD
Defendant.
x--------------------------------x

COMPLAINT

COMES NOW, PLAINTIFF, through the undersigned


counsel, unto this Honorable Court, most respectfully alleges
that:

1. PLAINTIFF is a diocesan educational institution of the


diocese of Tagum, duly organized and existing under
and by virtue of the laws of the Philippines, with
principal office at Santo Niño, Panabo City, Davao del
Norte, and represented herein by SR. MA. EDNA A.
BILLIONES and DR. DENNIS A. ANDUYAN, both of legal
age and residents of Panabo City, Davao del Norte,
through a Board Resolution authorizing them to act for
and in behalf of PLAINTIFF, a copy of which is attached
hereto as Annex “A”;

2. DEFENDANT is of legal age, Filipino, and a resident of


Panabo City, Davao del Norte;
3. PLAINTIFF is the owner of the commercial spaces within
the Maryknoll Building located at Santo Niño, Panabo
City, Davao del Norte;

4. PLAINTIFF leased to DEFENDANT one of the commercial


spaces (Door # 8) in the aforesaid building for a
consideration of ₱10,500.00 per month for the years
2011 to 2013, ₱11,025.00 per month for the years
2014 and 2015, and ₱11,605.00 per month starting
January 2016 up to present;

5. For several years starting April 2011, DEFENDANT has


not been faithful with his monthly payments of the
rentals as lessee the commercial space; A copy of
DEFENDANT’s Statement of Account as of January 2018
is attached hereto as Annex “B”;

6. On December 19, 2017, PLAINTIFF sent a letter of


demand, attached hereto as Annex “C”, to
DEFENDANT to pay the unpaid rentals and to vacate
the subject premises which was received by the latter
as shown in the Registry Return Receipt attached
hereto as Annex “D”;

7. Despite said letter of demand, DEFENDANT, failed and


still refuses to fully pay his total obligation for the
rentals and to vacate the subject commercial space;

8. By reason of failure of the DEFENDANT to vacate the


premises, PLAINTIFF was compelled to file this
complaint engaging the services of counsel in the
amount of ₱20,000.00.

WHEREFORE, premises considered, PLAINTIFF most


respectfully prays of this Honorable Court that judgment be
rendered ordering DEFENDANT:

1. To vacate the subject premises;


2. To pay a reasonable amount for the use of the subject
premises until DEFENDANT finally vacates the same;
3. To pay PLAINTIFF the cost of the suit.

Respectfully submitted. Panabo City, __________,


2018.

ATTY. MARISUE A. LLANES


Counsel for Plaintiff
Roll of Attorneys # 464444, 05/02/02
IBP O.R. # 1040086; 12/13/2017
PTR# 2247243; 01/03/18;
MCLE# V-0013742; Valid: 04/15/15 until 04/14/19
TIN: 101-139-407

2nd Floor, FSMP Bldg., Roxas Street,


Tagum City, Davao del Norte, Philippines
VERIFICATION AND CERTIFICATION AGAINST FORUM
SHOPPING

WE, SR. MA. EDNA A. BILLIONES and DR. DENNIS A.


ANDUYAN, both of legal age, Filipinos, and residents of Sto. Niño,
Carmen, Davao del Norte, after having been duly sworn to according
to law, hereby depose and say that:

1 By virtue of a Resolution of its Board of Directors, we are


authorized to file all necessary legal actions for and in behalf of
the principal MARYKNOLL COLLEGE OF PANABO, INC. and to sign
legal pleadings for and in its behalf;
2 We have caused the preparation and filing of the foregoing
COMPLAINT;
3 We and the principal have not commenced any other action or
proceedings involving the same parties or issues in any court,
tribunals or quasi-judicial agency and to the best of my
knowledge, no such other action or claim is pending thereon;
4 Should we learn that a similar action or proceeding has been
filed or is pending in the aforementioned courts, tribunal or
agency, we promise to notify this Honorable Office of the present
status thereof within five (5) days from my notice of the same;
5 We have read and understood the contents of this Complaint and
that the averments therein contained are true and correct of our
own knowledge and/or based on authentic documents.

____________, 2018, Panabo City, Davao del Norte, Philippines.

SR. MA. EDNA A. BILLIONES DR. DENNIS A. ANDUYAN


Affiant Affiant
ID: ___________________ ID: ___________________

Republic of the Philippines )


Province of Davao del Norte )s.s.
City of Panabo )

SUBSCRIBED AND SWORN TO BEFORE ME this


___________________ at Panabo City, Davao del Norte, Philippines.
Affiants exhibited to me their IDs stated above as valid proof of
identity.

Doc. No.: ___;


Page No.: ___;
Book No.: ___;
Series of 2018