Republic of the Philippines Municipal Trial Court Legazpi City Branch V

EDWARD B. BARREDO, Plaintiff,

-Versus-

Civil Case No. 045 For: Unlawful Detainer

ANTONIO D. MARGARITO, Defendant X-------------------------------------------------X

COMPLAINT PLAINTIFF, by counsel and to this Honorable Court, respectfully alleges: 1. Plaintiff is of legal age and with residence at Barangay 3, Sagpon. , Legazpi City. Defendant is also of legal age with address at Sagpon ,Legazpi City, where he may served with summons and other legal processes. 2. On January 1,2011, plaintiff and defendant entered into a contract of lease of a residential house and lot located at Barangay 3, Sicam Subdivision, Legazpi City, whereby defendant leased from plaintiff

the latter s property for a period of one (1) year at the monthly rental of Ten Thousand Pesos (12,000.00), payable in the first day of every month at plaintiff s place of residence . Copy of said lease contract is attached hereto as Annex A . 3. By virtue of the lease contract Annex A , defendant took occupancy of the apartment on January 3, 2011. 4. While defendant was religiously paying his rentals at the beginning of the lease, he failed to pay his rentals in April 1, of year 2011, notwithstanding demands. 5. As a result of defendant s refusal to pay his monthly rentals in April 1 of year 2011, plaintiff formally wrote defendant in May 1, 2011 asking him to pay the back rental and to immediately vacate the leased premises, but notwithstanding which defendant refused and still refuses not only to pay back rental but also to vacate the leased premises. Copy of said demand letter, which defendant received on May 1, 2011, is attached hereto as Annex B . 6. Plaintiff suffered damages by reason of defendant s breach of the lease contract not only of the monthly rental of Ten Thousand Pesos (P12,000.00) beginning April 2011, with 25% interest thereon as penalty provided for in the said contract, until he is eventually ejected therefrom but also expenses of litigation and attorney s fees of P50,000.00.

7. Plaintiff filed a complaint with the Office of Lupon Tagapamayapa , but efforts of the latter proved futile, as defendant adamantly refused to vacate the premises, constraining the Lupon Tagapamayapa to issue a certificate to file the instant complaint, copy of which certificate is attached hereto as annex C . WHEREFORE, it is respectfully prayed that judgment be rendered ordering the defendant to vacate the premises, to pay the unpaid monthly rentals in the amount of P36, 000.00 and further rentals until the said defendant fully vacates the premises, plus Twenty five (25) % interest thereon as penalty provided for in the lease contract, beginning April 2011 and to pay the costs of the suit. Plaintiff prays for such other remedy as this Honorable Court may deem just and equitable. Legazpi City, July 17, 201

VICTOR R. ORTIZ Roll No.0987544 IBP No. 0983242 PTR No. 48575998