REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT

FIRST JUDICIAL REGION
Municipality of Bani, Branch 211

JANA GREEN y SY,

Plaintiff, CIVIL CASE NO. R-PSY-17-26607-CV
-versus- FOR: Unlawful detainer with damages

TON TON TILAPON y SANTIBAEZ,

Defendant.
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COMPLAINT

COMES NOW, the plaintiff, JANA GREEN y SY through

the undersigned counsel and unto this Honorable Court, most
respectfully avers:

1. Plaintiff, JANA GREEN y SY, Filipino, of legal age, single,

residing at No. 31 Bush Street, Washington City, United States of
America;

2. Defendant, TON TON TILAPON y SANTIBAEZ,

Filipino, of legal age, single, residing at No. 32 Don Pedro Reinoso
Street, Alaminos City Pangasinan;

3. Plaintiff is the true and registered owner of a one (1)

hectare parcel of land, located at Bani, Pangasinan, identified as Lot 33,
and covered by Title Certificate Title (TCT) No. T-3432343. Machine
copy of TCT No. T-343343 is hereto attached and made an integral part
as Annex “A”;

4. Plaintiff leased to the father of the Defendant, Dr. Porak

Tilapon Sr., the aforesaid land under the express obligation to pay
P20,000.00 a month, to be paid within the first ten (5) days of each
month starting 22 June 1980 for one (1) year, and may be extended for
an another (1) year, upon agreement of the parties before or on the
expiry date of the Contract of Lease. Machine copy of the said Contract
of Lease is hereto attached as Annex “B”;
 5. The Contract of Lease was extended for another five (5)
years (from 22 June 1980 to 22 June 1985);

6. On 18 June 1986, Dr. Porak Tilapon Sr., died, and

Defendant came to the house of the Plaintiff, who was then having
vacation here in the Philippines, and asked if he (Defendant) could
continue occupying the said land for free;

7. On the same day, Plaintiff agreed to the request of the

Defendant, but on the condition that Defendant would pay the loan of
the Plaintiff due on 5 January 1987 in Equitable Bank of the
Philippines, and Defendant should vacate the land, whenever Plaintiff
would need it;

8. However, on 5 February 1987, Plaintiff received a demand

letter from Equitable Bank of the Philippines, and learned that
Defendant failed to pay the loan;

9. Instantly on 6 February 1987, to avoid to be considered

default, Plaintiff paid her loan for Php650,000.00 with 1% interest to
Equitable Bank of the Philippines.

10. On 5 September 2018, the plaintiff sent a letter of demand

to vacate Lot 33, which was received by the defendant as shown in the
registry return receipt hereto attached as Annex “C”;

11. Despite numerous oral and written demands, the

defendant refused to vacate Lot 33;

12. Since there can be possession by tolerance, such becomes

illegal from the time that there is demand to vacate (Prieto v. Reyes, 14
SCRA 432);

13. Before filing this complaint, the dispute has been referred
to the Lupong Tagapamayapa of Bani, Pangasinan, but the parties failed
to arrive in an amicable settlement. The Certificate to File Action is
attached hereunto as Annex “D”;

14. Because of the failure of the defendant to leave the

premises, the plaintiff is compelled to file a complaint engaging the
services of a lawyer for Php 30,000.00 and Php 2,000.00 per court
hearing.
 PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed unto this Honorable Court that, after hearing, judgment be
rendered ordering the defendant:
1. For the restitution of the subject parcel of land;
2. For payment of 20,000.00 per month as reasonable
payment from 5 February 1987 until defendant
finally vacates the subject parcel of land;
3. To pay the plaintiff the cost of the suit.
Complainant prays for such other relief and remedies as may be
just and equitable under the premises.

Municipality of Bani, Pangasinan, 22 November 2018.

DIANA M. GARIN
Counsel for the plaintiff
PTR no. 12321232, Manila City, 1/14/22
IBP OR No. 1232312, Manila City, 2/14/22
MCLE Compliance Certificate No. IV-002121,
Pasig City, 2/3/22

VERIFICATION/ CERTIFICATION OF NON-FORUM SHOPPING

I, JANA GREEN y SY, legal age, Filipino, at No. 31 Don Pedro

Reinoso Street, Alaminos City Pangasinan, after having been sworn, in
accordance with law, hereby depose and state that:
1. I am the Plaintiff in the above-captioned case;
2. I have read and understood the contents hereof of this
Complaint, and the facts herein alleged are true and correct of
my own knowledge and based on available verifiable records;
3. I heretofore have not commenced any other action or proceeding
or any claim, or filed any claim involving the same issues raised
in the above-captioned case, in any court, tribunal, or quasi-
judicial agency;
4. To the best of my knowledge, no such other action or claim is
pending in any court, tribunal, or quasi-judicial agency;
 5. I hereby undertake to notify this Honorable Court of such fact
within five (5) days from receipt of such knowledge, should I
come to learn that the same or a similar action or claim has been
filed or pending the Supreme Court, Court of Appeals, the
different Division thereof, or any other court or tribunal or
agency;
6. I am executing this sworn statement in compliance with Section
5, Rule 7 of the 1997 Rules of Court.

JANA GREEN y SY
Affiant

SUBSCRIBED ANS SWORN TO before me this 22st of November

2018 at No. 212 Unit 1B Noli Street, Bani, Pangasinan, Philippines,
affiant exhibiting to me her SSS ID with ID no. 212324323 issued by the
Social Security System, as competent evidence of her identity, and she
personally acknowledged to me that the foregoing “Complaint” is her
free and voluntary act and deed. Machine copy of this SSS ID is hereto
attached

ATTY. JOSEPHINE CRAMER

NOTARY PUBLIC
PTR No. 231232312, Manila City, 1/2/22
IBP OR No. 231232, Manila City, 1/23/22
MCLE Compliance Certificate No. IV-2121,
Pasic City, 2/2/22

Doc No.______:
Page No._____:
Book No. ____:
Series of 2018.
Annex “A”
Annex “B”
Annex “C”
Annex “D”