SPANGE BAB, Petitioners,

vs.
SQUID WARD, Respondent

RECOVERY OF POSSESSION OR ACCION PUBLICIANA

Plaintiff, thru counsel, respectfully avers that:

1. The Plaintiff is of age and a resident of Block 32 Lot 31 Clarity Street Pag Ibig Homes
Buhangin Davao City while the defendant is also of age, with residence at Block 23, Lot 13,
Malabo St., Boulevard, Davao City where he may be served with summons and other court
processes;

2. The plaintiff is the absolute and registered owner of a parcel of land under Transfer Certificate
of Title No. PT 98765 situated at Block 23, Lot 13 Malabo St., Boulevard, Davao City, and the
lessor of a certain 2-storey building located therewith, which is currently being leased and
occupied by the defendant;

3. The defendant leases and occupies the back portion of the building under the express
obligation of paying a monthly rent of one hundred thousand pesos (P100,00.00) since January
25, 2000. Payable within the first (5) days of each month, and with Default payment condition
specified in the contract of lease that failure to pay, such as when checks are dishonored, the
lessor at its option, may terminate the contract and eject the lessee. See Annex A. (term of
lease – no. of years)

4. The defendant has failed to pay the rents since January 5, 2016. Without any legal
justification, defendant continuously refuses to pay the said amount despite repeated oral and
written demands.

5. A final demand letter was sent and received personally by the defendant on January 5,
2018. A copy of the final demand letter to pay the arrears is here attached as Annex “B”.

6. Notwithstanding these written and oral demands, defendant has repeatedly failed and up to
now still refuses to turn over the said premises peacefully to the plaintiff. Thus, on March 5,
2018 plaintiff sent defendant a Notice to Vacate, (See Annex C) informing the latter of the
termination of the said lease contract and demanding from him to vacate and peacefully
surrender to the plaintiff the aforesaid premises, the possession of which defendant has
unlawfully withheld from the latter.

7. On June 2018, a barangay conciliation was held but failed.

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

A. For the restitution of the abovementioned premises; and

B. For the payment of five million pesos (P5,000,000) representing the arrears of rent now
overdue, with legal interest from the filing of the complaint, and costs of suit.

Other reliefs just and equitable are likewise prayed for.

Davao City, this 6th day of February, 2019.

(VERIFICATION/ CERTIFICATION OF NON- FORUM SHOPPING

Asa gi file??