Republic of the Philippines

Municipal Trial Court

Branch 5
Baguio City

Mr. Uzumaki Naruto, plaintiff

Accompanied by his Attorney in fact,
Atty. Poging Attorney

Civil Case No. 2

for:Unlawful Detainer

-versusMr. Uchiha Sasuke, Defendant

x-----------------------------------------x

COMPLAINT

COMES NOW, the plaintiff together with the undersigned counsel to this most honorable
court, MOST RESPECTFULLY STATES THAT;
1.
2.

3.
4.
5.
6.
7.

8.

9.
10.

The Plaintiff is of legal age, married and a resident of Puguis, La Trinidad Benguet. The Defendant is
likewise of legal age, married and temporary residing at Petersville Subdivision, Baguio City.
The Plaintiff is the owner of the two-storey house unit located at the Petersville Subdivision, Baguio City,
and having the residential address of PV 123 as evidenced by pertinent documents like tax declaration
and deed of sale. ( EXHIBIT A )
The Defendant is the lessee of the house unit that is owned by the Plaintiff as evidenced by the written
contract of lease that both parties signed. (Exhibit B)
The Plaintiff and the Defendant came up with a written agreement of Lease on June 26, 2007, which they
both agreed upon and was duly signed by the two parties as shown in their contract of lease. (Exhibit B)
Item No. 16 of the contract which the defendant signed expressly provides that he will only be occupying
the property for one (1) year, after which, he will vacate the house when that term expires. (Exhibit B)
The contract also provides that the defendant should also take care of the property and its premises with
the utmost diligence.
On June 28, 2008, the plaintiff, after returning from Japan, was surprised to discover that the defendant
did not vacate the property as he expected. Worse, he installed a sari-sari store in the original building
structure of the house unit.
The plaintiff confronted the defendant about it but the defendant claimed that it was a DEED OF SALE
which they signed and not a CONTRACT OF LEASE and therefore, the defendant is the new owner of
the house unit.
On August 20, 2008, after continuous demands, the defendant constantly refuses to vacate the house
unit and even invited relatives to stay with him.
The defendant willfully and maliciously violated the agreement which they mutually agreed upon, and
which the defendant signed.

PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that
judgement be rendered in favor of the plaintiff and that after judgement;
a.
b.

The defendant shall vacate the house unit owned by the plaintiff.
The defendant shall be ordered to pay P 120, 000 for the Attorneys Fees.
Such other reliefs and remedies under the premises are likewise prayed for.
Baguio City, Philippines, this 28th day of September 2008.

Poging Attorney
Counsel for the Plaintiff
PTR No. 18909595:1-04-07:B.C.
IBP No, 693095:1-04-07:B.C.
Roll No. 42481:5-10-97: Manila
Rm. 4 2/F Baguio Boating Center
180 Burnham Lake, Baguio City

VERIFICATION AND CERTIFICATION

I, Mr. Uzumaki Naruto, of Legal age, married, Filipino Citizen and a resident of Puguis, La Trinidad
Benguet, after being sworn according to law, hereby depose and state that;
1.
2.

I am the Complainant in this proceeding.

I have read and understood the filed complaint and allegations therein.
Uzumaki Naruto
Complainant
In witness thereof, I, Mr. Poging Attorney, counsel of the plaintiff, have herunto set my hand this 29 th of
September at Baguio City.

Poging Attorney
Counsel for the Plaintiff
PTR No. 18909595:1-04-07:B.C.

IBP No, 693095:1-04-07:B.C.

Roll No. 42481:5-10-97: Manila
Rm. 4 2/F Baguio Boating Center
180 Burnham Lake, Baguio City

AFFIDAVIT OF DESISTANCE
REPUBLIC OF THE PHILIPPINES)
CITY OF MANILA
) S.S.
I, Juan del la Cruz, of legal age, single, and a resident of # 123 Main
St., Malate, Manila, after having duly sworn to in accordance with law hereby
depose and state:
1. I am the complaining witness for Serious Physical Injuries against
Jesus Santos in the case entitled "People of the Philippines versus Jesus
Santos", Criminal Case No. 12345, Metropolitan Trial Court, Branch No. 11,
City of Manila.
2. After my sober and soul searching assessment and analysis of the
incident, I have realized that because I was not wearing my eyeglasses and it
was dark, I can not point out, without a doubt the accused or any other
person/s who inflicted harm against me.
3. Since I could not state with certainty and without doubt the liability
of Jesus Santos, in fairness to him, I am permanently withdrawing my
complaint against him. I clear him of whatever responsibility or liability to
me.
4. I hereby inform the City Prosecutor of Manila that I am withdrawing
my complaint for Serious Physical Injuries in Criminal Case No. 12345
entitled"People of the Philippines versus Jesus Santos", Metropolitan Trial
Court, Branch No. 11, City of Manila.
5. I likewise request the Metropolitan Trial Court, Branch No. 11, City of
Manila to dismiss with prejudice the said criminal case.
IN WITNESS WHEREOF, I hereby set my hand this __ day of September
20__ at the City of Manila.

Juan de la Cruz
Complaining Witness

SUBSCRIBED AND SWORN to before me this 22nd day of January 20__ at

the City of Manila, Philippines.

Romeo Abad
Public Prosecutor