Republic of the Philippines

National Capital Judicial Region

Metropolitan Trial Court
Makati City
Branch ____

CONCEPCION BALTASAR and

MA. EDITA BALTASAR
Herein represented by:
JOMARI ALDEGUER & RAQUEL SUSANA DEL RIO,
Plaintiffs,

- versus - Civil Case No. ______

For: Ejectment With Prayer
Preliminary Attachment
MERLIE D. BACERDO and
SPACE PURE DRINKING WATER and
All Persons Claiming Rights Under THEM,
Defendants.
X---------------------X

COMPLAINT

COME NOW, plaintiffs by the undersigned counsel and unto this Honorable Court, most

respectfully state, that:

1. Plaintiff CONCEPCION BALTASAR and MA. EDITA BALTASAR are both of

legal age, mother and daughter, and are presently residing in the United States of

America. Plaintiff Concepcion Baltasar is a registered owner of a lot and

commercial/residential building located at Bautista Street, Barangay San Isidro,

Makati City. Ma. Edita Baltasar, on the other hand, is an Attorney in Fact of the

former, by virtue of a Special Power of Attorney executed sometime December 27,

2007 and notarized on January 4, 2008 before the Consulate General of the

Philippines, Chicago, Illinois, U.S.A. A copy of the said Special Power of Attorney

is hereto attached as Annex “A” and is made integral part hereof. For purposes of

filing this Complaint, another Special Power of Attorney was executed by Ma.

Edita Baltasar in favor of Mr. Jomari Aldeguer and Raquel Susana Del Rio.
Page 02.

A copy of the said Special Power of Attorney is hereto attached as Annex “B” and

is made integral part hereof;

2. Defendant MERLIE BACERDO, is likewise of legal age, doing business under the

name of Space Pure Drinking Water, while the latter is a commercial establishment,

sole proprietorship, owned and operated by defendant Merlie Bacerdo. Both

defendants and all persons claiming rights under them may be served summons and

other court processes of this Honorable Court at 2071 Edison Street, San Isidro,

Makati City;

3. Plaintiff Concepcion Baltasar is the absolute owner of a real property situated at

2071 Edison Street, San Isidro, Makati City”;

4. On or about August 2008, plaintiff thru her attorney in fact, Jomari Aldeguer

entered into a Contract of Lease with the defendant for the lease of the aforesaid

premises at 2071 Edison Street, San Isidro, Makati City for a period of one (1) year

commencing on September 1, 2008 up to August 31, 2009 for a monthly rental of

P14,000.00 a month with 5% penalty for every week of delay in payment, a copy of

the notarized Contract of Lease is hereto attached as Annex “C” and is made

integral part hereof;

5. After the expiration of the Lease Contract on August 31, 2009, defendants

continued to occupy the premises up to the present but that no written lease contract

was drawn between the parties. The mode of payment being monthly, the lease has

therefore been converted to month to month lease;

6. Unfortunately, from June 2009 to the present, defendants have been delayed in the

payments of their rentals. Thus based from the records of Attorney-in-fact, Jomari

Aldeguer, defendants incurred a rental arrears in the amount of P315,700.00. This

amount has been acknowledged by the defendant, Merlie Bacerdo, in a document,

detailing her rental arrearages hereto marked as Annex “D” and her signature

therein as Annex “D-1” ;

Page 03.

7. Moreover, as she was previously authorized by plaintiff Concepcion Baltasar to

collect rentals from the other lesees and to deposit the same to Ms. Baltasar’s

account, but failed to remit the same, she has incurred accountabilities to plaintiff in

the amount of P698,035.16. A copy of her Acknowledgment and her undertaking

to pay is hereto attached as Annex “E” with her signature as “E-1” is made

integral part hereof;

8. Because of her rental arrears in the amount of P 315,700.00 and her unremitted

rental collections of P698,035.16, a complaint before Barangay San Isidro was

filed, although plaintiffs and defendants do not reside in the same barangay or

adjacent barangays. Unfortunately, no settlement was reached therein;

consequently a Certificate of File Action was issued, hereto marked at Annex “F”

and is made integral part hereof;

9. Having failed to reach an amicable settlement, plaintiffs engaged the services of

counsel who wrote her a demand letter to pay the total amount of P1,013,735.16

and vacate the same within 5 days from receipt of the letter dated May 30, 2011. A

copy of the letter, registry receipt and return card are hereto attached as Annex “G,

G-1 and G-2” respectively;

10. Despite demands by plaintiff to pay and vacate the premises, defendants refused

and still refuse to pay and vacate the premises;

11. Due to unjustified refusal and failure of defendants to vacate the subject property,

plaintiff was constrained to engage the services of undersigned counsel for which

defendant should be ordered to pay attorney’s acceptance fees in the amount of

P70,000.00 and appearance fees of P2,500.00 for every court appearance;

12. As reasonable value for the use and continued occupation of the premises from the

date of filing of this complaint, defendant should likewise be ordered to pay the sum

of FIFTEEN THOUSAND PESOS (P15,000.00) a month until defendants finally

vacate the premises;

Page 04.

13. For the unjustified refusal of defendant in not vacating the premises, defemdamts

should also be made liable to pay costs of suit.

ALLEGATIONS FOR THE ISSUANCE OFWRIT OF PRELIMINARY ATTACHMENT

14. Plaintiffs replead by reference the allegations contained in the foregoing paragraphs;

15. That notwithstanding repeated demands upon the defendant, the latter failed and

refused to turn over to plaintiffs her rental collections from the other lessees in the amount of

P698,035.16;

16. That defendant has been guilty of fraud in her failure to comply with her obligations

to remit her rental collections;

17. That there is no other sufficient security for the claim sought to be enforced by this

action;

18. That the value of the property the possession of which plaintiff is entitled to recover,

is as much as the sum for which the order is sought to be granted above all legal counterclaims;

19. That plaintiff is willing to post a bond in an amount to be fixed by the Court not

exceeding plaintiff’s claim, condition that the latter will pay all the costs which may be adjudged

to the adverse party and all damages which he may sustain by reason of the attachment, if the

Court shall finally adjudge that the applicant was not entitled thereto.
Page 05.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable

Court that judgment be rendered ordering Space Pure Drinking Water, Merlie Bacerdo and all

persons claiming rights under them, to wit:

1. That pending trial, a writ of preliminary attachment be issued as a security for

whatever judgment that may be recovered by the plaintiff in this case;

2. To vacate the subject premises at no. 2071 Edison Street, Barangay San Isidro,

Makati City and to surrender peaceful possession thereof to plaintiffs;

3. To pay to plaintiffs rental arrearages in the amount of P315,700.00 and the amount

of P698,035.16 as remittance of rentals previously collected from the other lessees

or the total amount of P1,013,735.16;

4. To pay the sum of P15,000.00 per month as reasonable compensation for the use of

the property as reasonable value for the use of the premises from the time of the

filing of the Complaint up to the time, defendants finally vacate the premises;

5. To pay the sum of P70,000.00 as attorney’s fees and appearance fees of P2,500.00;

6. To pay costs of suit.

Plaintiff prays for other remedies, just and equitable under the premises.

Quezon City for Makati City. October 30, 2011.

Atty. MARIA LOURDES PAREDES-GARCIA

Counsel for the Plaintiffs
Wheels Executive Suites
Wheels Bldg., E. Rodriguez Sr. Ave.,
Quezon City
PTR No. 4645020 January 12/11 / Quezon City
IBP No. 828374/ January 10, 11 Rizal
Roll No. 33476
MCLE Compliance III – 00013449 April 20, 2010