Republic of the Philippines

SUPREME COURT
Eighth (8th) Judicial Region
Municipal Trial Court in Cities
Tacloban City 6500

BONG ROVILLA, CIVIL CASE NO. 987

Plaintiff, FOR: EJECTMENT (UNLAWFUL
DETAINER) UNDER RULE 70
-versus- OF THE RULES OF COURT

BING GO,
Defendant.
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COMPLAINT

COMES NOW, the Plaintiff, thru the undersigned counsel unto

this Honorable Court, most respectfully avers that:

1. Plaintiff is BONG ROVILLA, Filipino, of legal age, single, and a

resident of Brgy. Budots, Tacloban City;

2. Plaintiff may be served with the notices, orders, summonses, and

other court processes of the Honorable Court at his given address
or at the address of the undersigned counsel at:

3. The defendant, BING GO, Filipino, of legal age, single, and a

resident of Brgy. Manga, Tacloban City. He may be served with
summonses and other legal processes at his address;

4. Parties have the capacity to sue and be sued;

5. Plaintiff is the absolute owner and lessor of that certain

apartment situated in Brgy. Abucay, Tacloban City and now
leased and occupied by the respondent;

6. Pursuant to the lease contract executed by the plaintiff and the

respondent dated November 21, 2018, the respondent is obliged
to pay a monthly rental payment of P10,000.00 to the plaintiff;
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7. A stipulation in the said lease contract provides that in case of
default by the lessee of the payment of the rent such as when
the checks are dishonored, the plaintiff at its option may
terminate this contract and eject the lessee;

8. On January 28, 2019, the plaintiff tried to encash BPI Check No.
12345 corresponding to the rental payment for the month of
January but the same was dishonored due to insufficiency of
funds;

9. On the same day, plaintiff informed the respondent that the

latter’s check was dishonored and demanded that formed be paid
in cash instead but the respondent failed to do so;

10. On February 28, 2019, the plaintiff tried to encash BPI

Check No. 12346 corresponding to the rental payment for the
month of February but the same was also dishonored due to
insufficiency of funds;

11. On the same day, plaintiff again went to the respondent

and demanded for the payment of the two dishonored checks
and for respondent to vacate the premises but respondent failed
to tender payment and refused to vacate the premises;

12. On March 15, 2019, plaintiff, with assistance of a counsel,

sent a formal demand letter to the respondent to make his rental
payment and vacate the premises.

13. On March 20, 2019, at the expiration of the five-day grace

period provided under Section 2 of Rule 70 of the Rules of Court,
the respondent still has not made his payment and consistently
refused to vacate the apartments;

14. Until now, respondent still refuse to vacate and restore

possession and pay his rentals.

15. Hence, respondent is unlawfully withholding possession of

the subject apartment from the plaintiff despite last and final
demand, to the damage and prejudice of the plaintiff;

16. Before filing this complaint, the dispute has been referred
to the Lupong Tagapamayapa of Tacloban City on March 5, 2019
but the respondent failed to appear, hence, no amicable
settlement was made.
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 PRAYER

WHEREFORE, premises considered, it is most

respectfully prayed of this Honorable Court that after due
notice and hearing, judgment be rendered in favor of
Plaintiff:

1. For the restitution of the abovementioned

apartment;
2. For the payment of TWENTY THOUSAND PESOS
(P20,000.00), Philippine currency, representing the arrears
of rent now overdue;

3. To pay the cost of the suit

Other reliefs just and equitable under the premises

are likewise prayed for.

Tacloban City, Philippines, March 31, 2019.

ATTY. BARBIE GURL

Counsel for the Plaintiff
PALABAN Law Offices
Magsaysay Blvd., Tacloban City
Attys. Roll No. 534261/October 23, 2009
IBP OR No. 09823635/01/03/17/ Tacloban City
PTR No. 0935561/01/03/17/ Tacloban City
MCLE Compliance No. V-0009983, 12-12-2015
Phone No.: 0977997932
Email: barbiegurlinabarbieworld@yahoo.com
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 VERIFICATION

I, Atty. BARBIE GURL, of legal age, Filipino, and a resident of

Asanaka St., Brgy. Diarako, Tacloban City, after being sworn in
accordance with law, hereby state that:

1. I am the retained counsel of the defendant in this case;

2. I caused the preparation of this pleading upon the instruction of

the defendant and the allegations made herein are true and
correct based on my personal knowledge and authentic documents
in my possession.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

day, March 31, 2019 in Tacloban City, Philippines.

Atty. BARBIE GURL

Affiant

SUBSCRIBED AND SWORN to before me this day, March 31, 2019

in Tacloban City, Philippines, affiant being personally known to me.

Doc. No.: __________

Page No.: __________
Book No.: __________
Series of 2019

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 VERIFICATION AND CERTIFICATION OF
NON-FORUM SHOPPING

I, BONG ROVILLA, of legal age, Filipino, and resident of

Dimakita St., Brgy. Hanaphanap, Tacloban City, after being sworn in
accordance with law, hereby state that:

1. I, the plaintiff in the above-titled case, have caused the

preparation of the foregoing complaint;

2. I have read the contents and the allegations contained therein

and the facts stated therein are true and correct of my
personal knowledge and based on copies of documents and
records in my possession;

3. To the best of my knowledge, no such action or proceeding is

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pending in the Supreme Court, the Court of Appeals, or any

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other tribunal or agency; and

 4. Should I thereafter learn that a similar action or proceeding
has been filed or is pending before the Supreme Court, the
Court of Appeals, or any other tribunal or agency, I undertake
to report that fact and the status of the same within five (5)
days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this day, March 31, 2019, in Tacloban City, Philippines.

BONG ROVILLA
Affiant
Driver’s License No. H02-10-231992

SUBSCRIBED & SWORN to before me this day,

______________, in Biringan City, Philippines, affiant showing to me
his respective competent proofs of identity, and swore to me that he
has fully understood the contents of the foregoing instrument and that
the same is his free and voluntary act and deed. Witness my hand and
seal.

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of: 2019

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