REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
QUEZON CITY

Dodong Bigboy,
Plaintiffs,

CIVIL CASE No. ___________

-versus- FOR: Unlawful Detainer

Badong Top and Berting Bottom,

Defendants,

x-----------------------------------x

COMPLAINT

Plaintiff Joshua John Lagmay (“Plaintiff”), by counsel and unto this

Honorable Court, respectfully state:

I
THE PARTIES

1.1 Plaintiff is of legal age, Filipino citizen, single, with residence and
postal address at 111 Don Marcelino St., Ermita, Manila. He may be served
with notices, pleadings, and other court processes at the address of his
undersigned counsel.

1.2 Defendants Kenneth Marteja and Torre Dalilis (“Defendants”)

are of legal age, Filipino citizens, single, with residence and postal address
at 888 Aurora Blvd, Cubao, Quezon City doing business as Proprietor and
Floor Manager, respectively, at Barely Legal Club, 777 Aurora Blvd, Cubao,
Quezon City (“Barely Legal”). They may be served with summons and
other court processes from their aforementioned address.

II
THE FACTS

2.1 The Plaintiff is the lawful owner of Hardbottle Commercial Building

(“Commercial Building”), which is located at 777 Aurora Blvd, Cubao,
Quezon City, covered by Transfer Certificate of Title No. 6669, Registry of
Deeds of Quezon City. (EXHIBIT “A”)

2.2 A LEASE CONTRACT between the Plaintiff and the Defendants was
entered into on March 7, 2017 over the above-mentioned commercial
building, where the Defendants are doing business under the trade name
Barely Legal, for the amount of FIFTY FIVE THOUSAND FIVE HUNDRED
FIFTY FIVE PESOS (P55,555.00) a month. (EXHIBIT “B”)
 2.3 The Defendants failed to pay the agreed rent for several months
starting from September 14, 2018 up to the present.

2.4 Despite numerous efforts by the Plaintiff to collect the arrears of

rent by written and oral demands, the Defendants have not paid anything
for the period of SIX (6) MONTHS, or from the months of September 2018
to February 2019.

2.5 A DEMAND LETTER, which was repeated by oral demands, was

sent by the Plaintiff to the Defendants on February 14, 2019 for the
accumulated arrears of rent to the amount of THREE HUNDRED THIRTY
THREE THOUSAND THREE HUNDRED AND THIRTY PESOS (P333,330.00),
but was again ignored by the Defendants. (EXHIBIT “C”)

2.6 Due to the repeated failure by the Defendants to comply with the
demands of the Plaintiff, the latter terminated the Lease Contract on March
1, 2019, and a NOTICE TO VACATE the leased commercial building was
tendered by the Plaintiff, to the Defendants on March 2, 2019, but the
Defendants failed and still refused to pay the agreed amount of rents and
to vacate the commercial building. (EXHIBITS “D” & “E”)

2.7 The Plaintiff referred the case to the Katarungang Pambarangay,

pursuant to Section 412(a) of Republic Act (RA) 7160 or the Local
Government Code of 1991. However, no settlement has arrived and the
Plaintiff was compelled to file this complaint engaging the services of
counsel in the amount of P30,000.00.

2.8 The Defendants remain in possession of the leased commercial

building operated as Barely Legal, and deprive the Plaintiff of the latter’s
enjoyment.

III
CAUSE OF ACTION

3.1 Plaintiff repleads the foregoing allegations insofar as they are

applicable.

3.2 Initially, the possession of the commercial building by the

Defendants was by virtue of a Lease Contract, dated March 7, 2017.

3.3 Despite the final demand to settle the unpaid rents, and the
notice to vacate the leased commercial building, dated March 2, 2019, by
the Plaintiff to the Defendants, the latter remain in illegal possession of the
property to the former’s prejudice.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed unto

this Honorable Court that, after hearing, judgment be rendered ordering the
defendants:

1. To vacate the commercial building premises and to surrender

possession thereof to the Plaintiff;

2. To pay the amount of P333,330.00 for the unpaid arrears of rent, plus
P55,555.00 per month as compensation for the reasonable use of the subject
premises from the time of the termination of Lease Contract until they finally
vacate the said premises;
3. To pay the plaintiff the cost of the suit.

Other reliefs just and equitable are likewise being prayed for.

Respectfully submitted.

Quezon City, this 30th Day of March, 2019.

ATTY. RIM JOB

Counsel for the Plaintiff
PTR No. 18909584:1-04-07:B.C.
IBP No, 693052:1-04-07:B.C.
Roll No. 42452:5-10-97: Manila
MCLE Compl. III-0000666 02/31/2019
Rm. 4 2/F Aurora Tower, Araneta Center,
Cubao, Quezon City
 VERIFICATION/CERTIFICATION OF FORUM SHOPPING

Republic of the Philippines )

Quezon City ) S.S.

I, Dodong Bigboy, of legal age, Filipino citizen, single and resident of

111 Don Marcelino St., Ermita, Manila, after having been duly sworn to in
accordance with law do hereby depose and say:

1. That I am the plaintiff in the above-entitled case;

2. That I have caused the preparation of the foregoing complaint and
have read the allegations contained therein;
3. The allegations in the said complaint are true and correct of my own
knowledge and authentic records;
4. I hereby certify that I have not commenced any other action or
proceeding involving the same issues in any court, tribunal or quasi-
judicial agency and, to the best of my knowledge, no such other action
or claim is pending therein;
5. That if I should learn thereafter that a similar action or proceeding has
been filed or is pending, I hereby undertake to report that fact within
five (5) days therefrom to the court or agency where the original
pleading and sworn certification contemplated herein have been filed;
6. I executed this verification/certification to attest to the truth of the
foregoing facts and to comply with the provisions of Adm. Circular No.
04-94 of the Honorable Supreme Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

30th day of March 2019, in Quezon City.

DODONG BIGBOY

SUBSCRIBED AND SWORN to before me this 30TH day of March,

2019, in Quezon City, affiant exhibiting to me his Driver’s License No. 12345
issued by the Land Transportation Office on April 11, 2016 at the City of
Manila.

ATTY. RODUGO DUDIRTE

Notary Public
My Commission Expires Dec. 31, 2019
Roll of Attorney No. 34567
IBP No. 12345/2-5-12/Quezon City
PTR No. 87654/12-22-11/Quezon City

Doc. No. ________

Page No. _______
Book No. _______
Series of 2019