REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT

City of Manila
Branch 211

JANA GREEN y SY,

Plaintiff,
CIVIL CASE No. 34242342532
-versus- FOR: Unlawful Detainer

CHENE GARCIA y BUYCO,

Defendant.
x--------------------------------------------x

COMPLAINT

COMES NOW, the plaintiff, through the undersigned counsel

and unto this Honorable Court, most respectfully avers:

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

single, residing at No. 31 Don Pedro Reinoso Street,
Alaminos City Pangasinan;

2. Defendant, CHENE GARCIA y BUYCO, of legal age,

Filipino, married to JOHN GARCIA y MALLARI, 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 TCT No. T-343343 is hereto attached
and made an integral part as Annex “A”;

4. By virtue of a contract of lease, hereto attached as

Annex “B”, the plaintiff leased unto the defendant 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 2018;
 5. The Defendant default payment from 3 July 2018 up
to the present;

6. On 3 September 2018, the plaintiff sent a letter of

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

7. Sine there can be possession by tolerance, such

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

8. Despite numerous oral and written demands, the

defendant defaulted payment and refused to vacate the said
parcel of land;

9. 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.
Certificate to File Action is attached hereunto as Annex “D”;

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

premises and pay her outstanding due rentals, 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 rent due from
22 July 2018 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”