Republic of the Philippines

MUNICIPAL TRIAL COURT

Legazpi City

LIWANAG DILIMAN
Plaintiff

-versus- Civil Case No. 321654

For: Unlawful Detainer

RESURRECCION MAKABUHAY,
Respondent
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COMPLAINT
PLAINTIFF, by counsel, and unto this Honorable Court, most
respectfully allege: -THAT-

1. Plaintiff is of legal age, Filipino, with residence and postal address at

Purok 2, Barangay Malamig, Legazpi City where she may be served
notices and other court processes;

2. Respondent is of legal age, Filipino, with residence and postal

address at Barangay Mainit, Legazpi City, where she may be served
summons and other court processes;

3. Plaintiff is the absolute owner and lessor of that certain apartment

situated at Legazpi City and now leased and occupied by the
respondent;

4. Plaintiff and Respondent had known each other for a long time
having studied in the same college and have been friends since
then;

5. The respondent leases and occupies the said apartment from

January 1, 2010 until December 31, 2012 as agreed upon between
the plaintiff and the respondent in the lease contract executed on
January 1, 2010 under the express obligation to pay a monthly

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 rental of P 6,000.00; (Copy of Contract of Lease is hereto attached
as Annex “A”)

6. The lease contract of the respondent for the occupation of the

building has been terminated on December 31, 2012 and has not
been renewed or extended;

7. During the course of the respondent’s occupation of the said

apartment, respondent has failed to pay her rentals for the months
of August, September, October, and November 2011, and April, May
and June, 2012;

8. Respondent has continued to occupy the said apartment

notwithstanding the fact that her contract of lease has been
terminated on December 31, 2012 thus depriving the plaintiff from
having the said apartment leased by other persons;

9. Several demands to vacate was made by plaintiff to respondent,

although orally, but respondent refused to vacate the said
apartment and return possession to the plaintiff;

10. On March 30, 2013, plaintiff sent a letter to respondent as a last

and final demand for respondent to vacate plaintiff’s apartment;
(Copy of Demand Letter is hereto attached as Annex “B”)

11. Until now Respondent still refuse to vacate and restore

possession and pay his rentals for the months of August,
September, October, and November 2011, and April, May and June,
2012 during his occupation of the apartment;

12. Thus, 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;

13. Before filing of this complaint, the dispute has been referred to
the Lupong Tagamayapa of Legazpi City but the parties failed to
arrive at an amicable settlement; (Certificate to File Action is hereto
attached as Annex “C”)

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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 FORTY TWO THOUSAND (P 42,000.00)

PHILIPPINE CURRENCY, representing the arrears of rent now
overdue.

3. To pay the costs for this suit.

Other reliefs just and equitable under the premises are likewise prayed
for.

Legazpi City, Philippines, April 29, 2013.

BIG LAW OFFICE

Counsel for Plaintiff
Rm. 321, 3rd Floor, Very Tall Building,
Legazpi City

By:

ATTY. SERIO SO
PTR No: 0816199 (2013)
IBP No.:100682 (2013)
MCLE Compliance No.: III-0025943 (2013)
Roll No.: 246981

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