REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT

4th JUDICIAL REGION
BRANCH ______
RODRIGUEZ, RIZAL

DON S. HACIENDERO,
Plaintiff,

- versus – CIVIL CASE No. ______

FOR: Unlawful Detainer

JOHN D. MAALIS,
Defendant.
x----------------------------------x

COMPLAINT
Plaintiff Don S. Haciendero, thru counsel and unto this
Honorable Court, respectfully alleges that:

1. Plaintiff Don S. Haciendero, is a Filipino, of legal age,

and may be served with notices and other court processes
through its counsel, Reyes Law Firm with address at Mountain
Heights Subdivision, Caloocan City.

2. Defendant John D. Maalis, is a Filipino of legal age

and residing at Sitio Balagbag, Rodriguez, Rizal where he may
be served with summons and other court processes.

3. All the parties are with legal capacity to sue and be

sued and may be served with summons and other court
processes at their respective given addresses.

4. Herein plaintiff Don S. Haciendero is the registered

owner of a Two Thousand Three Hundred Square Meter (2,300
sq. m.) parcel of land situated in Sitio Balagbag, Rodriguez,
Rizal covered by Transfer Certificate of Title (T.C.T.) No. 12345
issued by Registry of Deeds of Rodriguez, Rizal is attached
herewith and marked as Annex “A”.

5. Said lot is being occupied and used by herein

defendant under the contract dated January 1, 2012. In said
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Complaint
Haciendero v. Maalis
Civil Case No. _____

contract the defendant will leased the property for a period of

five (5) years. Hence, the leased will expire on January 1, 2018.
Said contract is hereto attached as Annex “B”.

6. Herein plaintiff, who is currently undergoing an

expansion of his business, has identified the property for use
as piggery and poultry. Consequently, on July 3, 2018, the
undersigned counsel sent a demand letter to the defendant
demanding that they peacefully vacate and surrender the
lawful possession of the property immediately. Said letter of
demand to vacate dated July 2, 2018 is attached herewith and
marked as Annex “C” and which letter was duly received by
herein defendant on July 4, 2018 as per their respective
registry return cards (RRR) herewith attached and marked as
Annex “D”.

7. On July 6, 2018, the plaintiff received a reply letter

from the defendant requesting for an extension of fifteen (15)
days or until July 21, 2018 to vacate the property. Defendant
also stated that he will pay the rental for the period he occupied
the property after the expiration of the contract.

8. However, after the lapse of said period, herein

defendant have failed and refused, and continue to fail and
refuse, to vacate and surrender the subject premises
notwithstanding his receipt of the plaintiff’s demand letter.
Said defendant’s reply letter is hereto attached as Annex “E”.

9. Due to herein defendant unjustified refusal to vacate

and peacefully surrender the subject premises, herein plaintiff
was compelled to litigate, hence, this instant case.

10. The amount of rental as stipulated in the contract is

Php 3,000.00 per month.

PRAYER

WHEREFORE, it is respectfully prayed that, after due

hearing by way of summary procedure in special cases,
judgment be rendered in favor of herein plaintiff ordering herein
defendant or any other persons in possession of the subject
property whose interests are derived from the said defendant:
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Complaint
Haciendero v. Maalis
Civil Case No. _____

[a] to vacate and peacefully surrender the subject

premises to herein plaintiff or its duly authorized
representative, free of any and all improvements and/or
structures standing thereon;

[b] for their unjustifiable refusal to vacate the

premises which they have occupied and used, to pay
Php3,000.00 per month from the time of expiration of the
contract until the same is peacefully surrendered to herein
plaintiff.

Plaintiff likewise prayed for such other reliefs just and

equitable under the premises.

Caloocan City for Rodriguez, Rizal, July 27, 2018.

JEFFREY P. REYES
Roll No. 34567 4/25/13
IBP No. 1066801 1/13/18
MCLE Compliance No. V-0016704

Reyes Law Office

Mountain Heights Subdivision,
Caloocan City
Tel. No. 428-9144 to 45
Email:gaitojef@gmail.com
Copy furnished:

John D. Maalis
Defendant
Sitio Balagbag, Rodriguez
Rizal

EXPLANATION
(Pursuant to Section 11, Rule 13 of the 1997
Rules of Civil Procedure)

The foregoing Complaint will be filed personally with this

Honorable Court and served by registered mail to counsel for
the defendant due to limited office personnel.

JEFFREY P. REYES
 Page 4 of 4

Complaint
Haciendero v. Maalis
Civil Case No. _____

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

I Don S. Haciendero, Filipino of legal age, with residence

address at Block 2, Lot 25, Pangarap Village, Caloocan City,
after having been duly sworn to in accordance with law, do
hereby deposes and states:

1.) I caused the preparation of the foregoing Complaint;

2.) I have read and understood the contents thereof and

hereby certify that the same are true and correct to the best of
my personal knowledge and/or authentic records;

3.) I further certify that I have not theretofore

commenced any action involving the same issues and the same
parties in any court, or tribunal or quasi-judicial agency and, to
the best of my own knowledge, no such other action is pending
therein, and should I thereafter learn that the same or similar
action is pending before any courts or tribunal, I undertake to
report such fact within five (5) days therefrom to the court
wherein the said action has been filed.

IN WITNESS WHEREOF, I hereunto set my hand this 28th

day of July 2018.

DON S. HACIENDERO
Affiant

SUBSCRIBED AND SWORN to before me this ____ day of

_____ 2018 at Rodriguez, Rizal, affiant being known to me and
appearing before me with his SSS e-card No. 6767788997 and
who signed said document in my presence and swore that he
understood the contents thereof and that the same was his free
and voluntary act and deed.

Doc. No. ____

Page No. ____
Book No. ____
Series of 2018.