Republic of the Philippines

Metropolitan Trial Court

Metro Manila
Mark Dimaano,
Plaintiff
Civil Case No. 123
For: Unlawful detainer

-versusRoel De Villa,
Respondent
COMPLAINT

Plaintiff, by counsel, unto this Honorable Court, most respectfully alleged: -THAT-

1. Plaintiff is of legal age, Filipino, with residence and postal address at 1234 Pureza St.
Sta. Mesa, Manila where he may be served notice and other court processes;
2. Defendant is of legal age, Filipino, with residence and postal address at 1235 Pureza
St., Sta Mesa, Manila;
3. Plaintiff is the owner of land and building located at 1235 Pureza St., Sta, Mesa
Manila now leased and occupied by the respondent;
4. Plaintiff and respondent on December 15, 2013 entered into a contract of lease with
duration of 12 months from January to December 2014 and under monthly rental of
P50,000.00 payable at every 30th of the month with additional 5% penalty charge in
case of default until fully paid; (Attached is a copy of the contract marked as Annex
A)
5. During the course of lease, respondent failed to pay monthly rentals for the months
of June, July and August;
6. Respondent has continued to occupy the said property despite default thus
depriving the plaintiff of rental income and to lease the property to other persons;
7. Several demands has been made by the plaintiff to the respondent, although verbal,
but the respondent refused to pay and vacate;
8. On September 2, 2014, a final written demand to pay and vacate was sent to the
respondent; (Attached is a copy of demand letter marked as Annex B)

9. Until now, respondent refused to vacate the property and pay for his unpaid rentals
for the month of June, July and August;
10. Thus, respondent is unlawfully withholding possession of the said property from the
plaintiff despite last and final demand to the prejudiced and damage to the plaintiff;
11. Before filing this complaint, the dispute was referred to the Lupong Tagapamayapa,
of Manila but parties failed to arrive at an amicable settlement; (Attached is a copy
of certificate to File an Action marked as Annex C)
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 the
plaintiff:
1. For the restitution of the abovementioned property;
2. For the payment of P150,000.00 representing arrears of rent now overdue plus
5% penalty charges per month until settled;
3. For the payment of subsequent rentals until the respondent vacate the property;
4. To pay the cost of suit;
Other reliefs just and equitable under the premises are likewise prayed for.
September 9, 2014
DIMAPILIS LAW OFFICE
Counsel for Plaintiff
Rm. 321, 3rd Floor, Very Tall Building,
Legazpi City

By:
ATTY. GLAIZA T. DIMAPILIS
PTR No: 0816199 (2013)
IBP No.:100682 (2013)