REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES

7th JUDICIAL REGION
Cebu City
Branch 1

ULYSSES PERALES,
Plaintiff,
-versus-

Civil Case No. ____

For : EJECTMENT

BELTESHAZZAR CABACANG,
Defendant.
x----------------------/

COMPLAINT
Plaintiff through counsel respectfully states that:
1.He is of legal age, single, Filipino citizen, and a
resident of 205 Z. Torralba Street, Lahug, Cebu
City.
2.Defendant Belteshazzar Cabacang is of legal age,
single, Filipino citizen and a resident of 200 P.
Edison Street, Lahug, Cebu City.
3.He is the owner of a parcel of land particularly
described in Transfer Certificate of Title (TCT)
No. 12345, situated at 206 Cebu North Road, Lahug,
Cebu City, photocopy of said Transfer Certificate
of Title is attached as Annex A hereof.

4.On January 31, 2014, she entered into a contract of

lease

with

the

defendant

for

the

said

land,

photocopy of which is hereto attached as Annex B.

5.The contract of lease was for a period of one (1)
year, with a monthly rental of P5, 000.00.
6.After the expiration of the contract of lease on
January

31,

2015,

the

defendant

remained

in

possession of the said land and continued to occupy

the same without paying the rent.
7.On April 30, 2015, she sent a letter of demand to
vacate the said land and pay P15,000.00 as payment
of the rentals for the reasonable use of the land
for the months of February to April 2015 which was
received by the defendant as shown in the registry
return receipt hereto attached as Annex C.
8.Despite said letter of demand the defendant failed
and still refused to vacate the said land and to
pay the rentals due for three months.
9.By reason of failure of the defendant to vacate the
said

land

plaintiff

and
was

to

pay

compelled

the
to

unpaid
file

rentals,

this

the

complaint

engaging the services of counsel in the amount of

P20,000.00.
10. Prior to the filing of this complaint, this dispute
was brought to the Lupong Tagapamayapa of Barangay

Lahug, where the said land is located, and there

was a confrontation made by the parties before the
Lupon but no amicable settlement was arrived at, as
shown by the Certification to File Action issued by
the Barangay Chairman which is attached as Annex
D hereof.

PRAYER

In

light

of

the

foregoing

premises,

it

is

respectfully prayed of the Honorable Court to render

judgment

in

favor

of

the

plaintiff

by

ordering

the

defendant the following:

a.To vacate the subject premises;

b.To pay the amount of P5,000.00 plus 6% legal

interest per month starting February 2015 as
compensation for the reasonable use of the land
until they finally vacate the subject premises;

c.Attorneys fees of 10% of the total amount of

the rent to be collected until the defendant
will vacate the subject premises;

d.The cost of the suit.

Plaintiff also respectfully prays for such other
relief as may be just and equitable in the premises.

Done in Cebu City, Cebu, June 15, 2015.

EVASCO GACANG PERALES REFIL LAW OFFICE

Counsel for the Plaintiff
2nd Level, West Entry Ayala Ctr. Cebu,
Cebu Business Park, Cebu City
Tel.No. (032)322-1234 Fax No.8765432

EMILOU EVASCO
PTR No. 7654321
Issued on: 4/20/13
Issued at: Cebu City
IBP no. 123456
Issued on:4/25/13
Issued at: Cebu City
ROLL no.65555, 4/15/13

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

Republic of the Philippines )

City of Mandaue

) S.S.

I, Ulysses Perales, of legal age, Filipino citizen,

single and resident of 205 Z. Torralba Street, Lahug,
Cebu

City,

after

having

been

duly

sworn

to

accordance with law do hereby depose and say that:

in

1.I am the plaintiff in the above-entitled case;

2.I

have

caused

the

preparation

of

the

foregoing

complaint and have read the allegations contained

therein;

3.The allegations in the said complaint are true and

correct of my own personal knowledge and based on
authentic records;

4.I

hereby

other
issues

certify

action
in

any

or

that

have

proceeding

court,

not

commenced

involving

tribunal

or

the

any
same

quasi-judicial

agency and, to the best of my knowledge, no such

other action or claim is pending therein;

5.If I should learn thereafter that a similar action

or

proceeding

has

been

filed

or

is

pending,

hereby undertake to report that fact within five

(5) days therefrom to the court or agency where the
original

pleading

and

sworn

contemplated herein have been filed;

certification

6.I executed this verification and certification to

attest to the truth of the foregoing facts and to
comply

with

the

provisions

of

Administrative

Circular No. 04-94 of the Honorable Supreme Court.

IN

WITNESS

WHEREOF,

have

hereunto

affixed

my

signature this 15th day of June, 2015, in the Cebu City,

Cebu.

ULYSSES

PERALES

CTC No:12345
Issued:6/1/15
SUBSCRIBED AND SWORN

before me this 15th day of

June, 2015, in the City of Cebu, affiant exhibiting to

me his CTC No. 12345 issued on May 15, 2015 at the City
of Cebu.

NOTARY PUBLIC

Doc. No. _______

Page No. _______
Book No. _______
Series of 2015.

Prepared by:
Evasco, Emilou
Gacang, Jeah Jean
Perales, Aparece
Refil, Fransisco