Republic of the Philippines

METROPOLITAN TRIAL COURT

Makati City
Branch ____

ADVANCED FOUNDATION
CONSTRUCTION SYSTEMS
CORPORATION (AFCSC), CIVIL CASE NO. _________
as represented by its Chief For: UNLAWFUL DETAINER
Finance Officer Suzette R. WITH COLLECTION OF SUM
Esma, OF MONEY

Plaintiff

-versus

GIANNI MODICA,
Defendant
X----------------------------------------X

COMPLAINT

COMES NOW, the plaintiff, through the undersigned counsel and

unto this Honorable Court, most respectfully avers that:

1. The plaintiff, Advanced Foundation Construction Systems

Corporation (AFCSC), a corporation with business address at
Unit 12-B, 12th floor Petron Mega Plaza Building, 358 Senator Gil
Puyat Avenue, Makati City;
2. The plaintiff is the owner of condominium unit 604 Somerset
Tower I at Leveriza Street, Pasay City (Unit for brevity);
3. The defendant, Gianni Modica, is of legal age, a foreigner, and
the tenant of the said Unit;
4. On October 30, 2007, defendant entered a contract of lease with
the plaintiff over the Unit for a term of six months at a monthly
rental of Php 17,500.00;
5. The defendant failed to pay his rent for several months;
6. On November 10, 2008, the defendant, due to connections with
Mr. Ettore Rossi, the President of AFCSC, renewed his contract
of lease for six months with monthly rental of Php 15,000.00;
7. The defendant failed to comply with the monthly rentals covered
by the second lease contract;
8. On June 8, 2009, the Finance Manager of AFCSC, Ms. Cristy B.
Luyon, sent a demand letter through registered mail enjoining the
defendant to pay his unpaid rentals of Php 105,000.00;
 9. The defendant personally received the said letter on the same
date;
10. The defendant partially paid to comply then requested for a
renewal of the contract with a promise to pay his balance;
11. On May 10, 2011, the defendant, due to such promise and
connections with Mr. Rossi, renewed his contract of lease for six
months with monthly rental of Php 15,000.00;
12. The defendant continuously failed to update and pay his
monthly rental despite the grace period given to him;
13. On July 18, 2013, the plaintiff sent a Letter of Final Demand to
Vacate and Pay Rentals to the defendant by personal service;
14. The defendant personally received the said letter on the same
date;
15. The unpaid rentals of the plaintiff amounted to Php 570,000.00
covering the period from July 2008 to January 2009, and from
January 2011 to July 2013.
16. Because of defendant’s failure to pay and to vacate the Unit,
plaintiff filed this complaint engaging the services of a counsel in
the amount of Php 30,000.00;
17. Enclosed are the copies of the three lease contracts, the copy
of the first and final Demand Letter to Vacate and Pay the
Rentals, the registry return receipt and Return Cards, and the
Certificate authorizing Ms. Suzette R. Esma to act in behalf of
the plaintiff.

WHEREFORE, premises considered, it is most respectfully prayed

unto this Honorable Court that, after hearing, judgment be rendered
ordering the defendant:

1. To vacate the subject premises;

2. To pay the accumulated rental dues amounting to Php
570,000.00;
3. To pay Php 15,000.00 per month as compensation for the use of
the subject premises until he finally vacates the same;
4. To pay the plaintiff the cost of the suit.

This 31st of July 2013 at Makati City, Philippines.

SAMBU, GANDEZA, URSUA, CASUGA LAW OFFICE

Counsel for the Plaintiff
Unit 5, Victoria Tower 3
Makati City
By:
Terrence Q. Casuga
Neylan Lei P. Gandeza
 Vina L. Sambu
Wilma Y. Ursua
Roll of Attorney No. ______
IBP No. ______
PTR No. ______

VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING

Republic of the Philippines )

City of Makati ) s.s.

I, SUZETTE R. ESMA in behalf of AFCSC, of legal age, after having

been duly sworn in accordance with law, hereby, depose and state
that:
1. I am the Plaintiff in the above case;
2. I caused the preparation of the foregoing case;
3. I have read the contents thereof and the facts stated therein are
true and correct of my personal knowledge and/or on the basis
of copies of documents and records in my possession;
4. I have not commenced any other action or proceeding, involving
the same issues to any court or other tribunal or agency;
5. To the best of my knowledge and belief, no such action or
proceeding is pending in the Supreme Court, Court of Appeals,
or any tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding has
been filed or is pending before the Supreme Court, Court of
Appeals, or any tribunal or agency, I undertake to report that fact
within five (5) days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

st
31 day of July 2013, in Makati City, Philippines.

SUZETTE R.
ESMA

Affiant

SUBSCRIBED AND SWORN to before me this 31st day of July

2013, in Makati City, Philippines, affiant exhibiting to me his
Community Tax Certificate No. ________ issued on July 12, 2013 at
the City of Makati.

Notary Public
 My Commission Expires ________
Roll of Attorney No. ______
IBP No. ______
PTR No. ______

Doc.No. ______;
Page No. _____;
Book No. _____;
Series of 2013.