Republic of the Philippines

REGIONAL TRIAL COURT

CAUAYAN, ISABELA

Victoriano M. Encarnacion,
Plaintiff,
Civil Case No. 12345
For: Accion Publiciana Ejectment
-versus-

Nieves Amigo
Defendant.

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COMPLAINT

PLAINTIFF, by counsel, respectfully states that:

The Parties

1. Plaintiff is a Filipino, of legal age, and resident of District 1, National Hi-way, Cauayan, Isabela;

2. Defendant is also a Filipino, of legal age and resident District 1, National Hi-way, Cauayan,
Isabela, where he may be served with summons and other court processes.

The Facts

3. Plaintiff owns that property (lot) located at District 1, National Hi-way, Cauayan, Isabela which is
being occupied by the Defendant. A copy of the Transfer Certificate of Title TCT No. T-
256650 and TCT No. T-256651 with corresponding Tax Declaration is attached as
ANNEX “A” and made an integral part of this complaint.

4. Said property is paraphernal to Anita N. Magpantay (mother-in-law) in which Plaintiff acquired

from her on Apirl 11, 1995 through a legally executed affidavit of waiver in favor of her son-in-
law, herein plaintiff. A copy of the Affidavit of waiver made an integral part of this case is
attached as ANNEX “B”.

5. Plaintiff informed defendant his intention to use the property and asked the latter to vacate the
premises. A Notice to Vacate was sent to Defendant on February 1, 2001 which was received
February 12, 2001 by personal service. A copy of Plaintiff’s Notice to Vacate is attached as
ANNEX “C” and made an integral part of this complaint.
 6. Despite demand duly made and received, defendant has refused to vacate and continues to occupy
the property without plaintiff’s consent. Resort to the Barangay Conciliation System proved
futile as defendant refused to appear before the Lupong Tagapamayapa. A Certification to File
Action is attached as ANNEX “D” and made an integral part of this complaint.

Prayer

WHEREFORE, it is respectfully prayed that judgment be rendered against the defendant ordering him:

1. To vacate the property and peacefully turn over possession to Plaintiff;

2. To pay a monthly rental of P10,000 beginning with the month of March 2002, with interest
thereon at the legal rate until fully paid until the defendant vacates said property;

3. To pay the sum of Fifty Thousand Pesos (P50,000) as litigation expenses and attorney’s fees.

Plaintiff further prays for such other reliefs as this Court may deem just and equitable.

Isabela, Philippines, March 2, 2001 .

Atty. Jay Santos Abasolo, RN

Notary Public
Commission No: 21567667
Until December 31, 2014
Rm. 201 Osmeña Bldg, Colon St.
Roll of Attorney No. 54321
IBP Lifetime member, Isabela
PTR No. 476421; 1/1/14; Isabela
MCLE Compliance No. 235; 2/1/14