REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
BRANCH __, LAS PIÑAS CITY

JOHN DOE

Petitioner,

CIVIL CASE NO:

FOR: UNLAWFUL
DETAINER
-versus-

MARY PALMER, MARY JANE

MARY ANN
and all other persons claiming
rights under them.
Defendant.
x--------------------------------------------------------------x

COMPLAINT

COMES NOW PLAINTIFF, by undersigned counsel, and unto this

Honorable Court, most respectfully alleges:

1. Plaintiff is of legal age, Filipino, and a resident of Block 40 Lot 21 Carver

Compound, Pulang Lupa Uno, Las Piñas City, where he may be served
with summons and other processes of this Honorable Court;

2. Defendants are likewise of legal ages, Filipinos, and residing at plaintiff’s

property subject of this case located in Block 27 Lot 25, Carver Compound,
Pulang Lupa Uno, Las Piñas City where they may be served with
summons and other processes of this Honorable Court;

3. Plaintiff is the true and registered owner of the subject property, a parcel of
land located at in Block 27 Lot 25, Carver Compound, Pulang Lupa Uno,
Las Piñas City and covered by Transfer Certificate of Title No. 1234567
which plaintiff obtained as the transferee of its registered owner, Michael
Cain. Copy of the title is attached as Annex “A”;

4. Prior to such purchase of the subject property by the plaintiff, the same was
occupied by a certain Lourdes Cayong who offered to sell her rights over
the property to the former as she, at that time, has beneficial ownership of
the same by virtue of a Kasulatan ng Bilihang Ganap executed by her and
the owner thereof, Michael Cain. Copy of the said document is attached as
Annex “B”;

5. When Lourdes acquired the subject property from Michael Cain, the same
was under mortgage in favour of the National Home Mortgage Finance
Corporation (NHMFC) and Lourdes undertook to pay the remaining
balance on the mortgage loan;

6. During that time, respondent Mary Anne was living in the subject property
and was leasing the same from her sister Lourdes.
7. Eventually, Lourdes sold her rights and interests over the property in favor
of the plaintiff and the latter settled all the property’s monetary obligation
with the NHMFC and was thus subsequently issued Transfer Certificate of
Title No. 123456789, being the new and registered owner of the subject
property;

8. However, Lourdes could not deliver the premises to the plaintiff for the
reason that her sister, defendant Mary Ann, stubbornly refused to leave
despite being requested to;

9. Embarassed, and probably to make good with the plaintiff, Lourdes wrote
to her sister, defendant Mary Anne that she had already sold the property
to the plaintiff and that she needed to vacate the premises, among other
things. Copy of her letter which Lourdes likewise furnished the plaintiff a
copy is attached as Annex “C”;

10. However, defendant Mary Anne still refused to leave property, claiming
the same to be hers. Adding insult to injury, she even took in renters, one
of which is defendant Mary Palmer, and profited from the property that is
not even hers in the first place;

11. Despite several verbal demands to vacate, herein defendants continued to

ignore such demands which prompted the plaintiff to seek redress with the
barangay. However, such barangay conciliation between the parties failed
for which the plaintiff was issued the corresponding Katibayan Upang
Makadulog Sa Hukuman, copy of which is attached as Annex “D”;

12. Finding no other recourse but to institute legal action, plaintiff consulted
counsel who caused to be sent to the defendants their respective Notices to
Vacate which were received by no less than defendant Mary Anne herself.
Copies of the Notices to Vacate addressed to the defendants are attached as
Annexes “E” and “F” while the registry return receipt as proof of service of
the said letters are likewise attached as Annexes “E-1” and “F-1”,
respectively;

13. Despite receipt of such notice, defendants still obstinately failed to leave
the premises, much to the detriment and prejudice of the plaintiff as he
could not use the same nor generate income from it;

14. Defendant Mary Ann unjustifiably refused to leave and adamant that she
will stay in the premises saying she does not care even if the plaintiff brings
her to court;

15. That the reasonable rental value of the said townhouse is ten thousand five
pesos (Php1,500.00) per month;

16. Moreover, plaintiffs were constrained to endorse the said matter to counsel
for the filing of an appropriate action in court committing to P/75,000.00
as attorney’s fees and the amount of P/5000.00 per court hearing for which
the defendants should also be made liable for;

PRAYER
 WHEREFORE, it is most respectfully prayed that, after due hearing,
judgement be rendered in favor of the plaintiff:

a.) Ordering the defendants, their families, successors, assigns and all
persons claiming rights under them, to vacate the subject property in
Block 7 Lot 25, Carver Compound, Pulang Lupa Uno, Las Piñas City
and immediately turn over the possession thereof to the plaintiff;

b.) Ordering defendants to pay plaintiff monthly rentals at the rate of

P/1,500.00 each per month from October 18, 2018 and onwards until
possession of the subject property is returned to the plaintiff;

c.) Ordering defendant to pay attorney’s fees in the amount of

P/75,000.00 and the amount of P/5,000.00 per court hearing and to
pay costs of suit;

Other reliefs just and equitable under the premises are likewise prayed for.

September 17, 2019, Las Piñas City.

Counsel
Verification