Complaint For Civil Action.docx

Republic of the Philippines MUNICIPAL TRIAL COURT Cebu City

MOIRAH JUDE TAG-IYA Plaintiff, Civil Case No. 0004 For: Unlawful Detainer -versus-

GUSTO L. MAKALIBRE, Defendant. x- - - - - - - - - - - - - - - - - - - -/

COMPLAINT COMES NOW, the plaintiff, through the undersigned counsel and unto this Honorable Court, most respectfully avers: 1. That the plaintiff, MOIRAH JUDE TAG-IYA is of legal age, Filipino, single, with residence and postal address at W. Claro Street, Cebu City; 2. That the defendant, GUSTO L. MAKALIBRE is of legal age, Filipino, married with residence and postal address at Karapatan Street, Cebu City, where he may be served summons and other court processes; 3. Plaintiff is the absolute owner and lessor of that certain townhouse situated at Beverly Hills, Cebu City and now leased and occupied by the Defendant; 4. The Defendant leases and occupies the said townhouse from March 1, 2014 until February 28, 2019 as agreed upon between the plaintiff and the Defendant in the lease contract executed on March 1, 2014 under the express obligation to pay a monthly rental of P20,000.00; (Contract of Lease attached as Annex “A”) 5. The lease contract of the Defendant for the occupation of the building has been terminated on February 28, 2019 and has not been renewed or extended; 6. During the course of the Defendant’s occupation of the said townhouse, Defendant has failed to pay his rentals for the months of June 2018 to February 2019; 7. Defendant has continued to occupy the said townhouse notwithstanding the fact that her contract of lease has been terminated on February 28, 2017 thus depriving the plaintiff from having the said townhouse leased by other persons;

8. Several demands to vacate was made by plaintiff to Defendant, both oral and written (Demand letter attached as Annex “B”), but Defendant refused to vacate the said townhouse and return possession to the plaintiff; 9. Until now Defendant still refuses to vacate and restore possession and pay her rentals for the months June 2018 to February 2018 during her occupation of the townhouse; 10. Thus, Defendant is unlawfully withholding possession of the subject townhouse from the plaintiff despite last and final demand, to the damage and prejudice of the plaintiff; 11. Before filing of this complaint, the dispute has been referred to the Lupong Tagamayapa of Barangay 143 but the parties failed to arrive at an amicable settlement; (Certificate to File Action attached as Annex “C”)

PRAYER WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that after due notice and hearing, judgment be rendered in favor of Plaintiff: 1. For the restitution of the abovementioned townhouse; 2. For the payment of ONE HUNDRED THOUSAND (PhP180,000.00) PESOS, representing the arrears of rent now overdue; 3. To pay the costs for this suit. Other reliefs just and equitable under the premises are likewise prayed for. Cebu City, Philippines, March 16, 2019

BAYANI AND ASSOCIACIATES LAW OFFICE Heroes Street, Cebu City By:

ATTY. JUAN C. DELA CRUZ Roll No.: ____________ PTR No: ____________ IBP No.: ____________ MCLE Compliance No.: ____________

VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPPING I, Moirah Jude Tag-iya, of legal age, Filipino, single, and a resident of W. Claro Street, Cebu City after having been duly sworn to in accordance with law, hereby, depose and say: 1. That I am the Plaintiff in the above-entitled case and have caused this complaint for unlawful detainer to be prepared; that I read and understood its contents which are true and correct of my own personal knowledge and/or based on authentic records. 2. That I have not commenced any action of proceeding involving the same issue in the Supreme Court, the Court of Appeals or any other tribunal or agency; that to the best of my knowledge, no such action or proceeding is pending in the Supreme Court, the Court of Appeals or any tribunal or agency, and that, if I should learn thereafter that a similar action or proceeding has been filed or is pending before these courts of tribunal or agency, I undertake to report that the fact to the Court within five (5) days therefrom. IN WITNESS WHEREFORE, I have hereunto set my hand this 16th day of March 2019

Moirah Jude Tag-iya Affiant SUBSCRIBED AND SWORN to before me this_16th day of March, 2019.

NOTARY PUBLIC

ANNEX B 15 March 2019 GUSTO L. MAKALIBRE Karapatan Street Cebu City Sir: This is in connection with your unpaid rentals covering the period June 2016 to February 2017 in the total amount of P180,000.00 being referred to me by Ms. Moirah Jude Tag-iya, the owner of the apartment you are occupying, for legal action warranted under the circumstances. Repeated demands were made upon you by my client to update your rental arrearages in violation of the lease agreement and to vacate the premises you are occupying, but you failed and refused and still fails and refuses to vacate the same to the damage and prejudice of my client. Accordingly, demand is hereby made upon you to pay the amount of P180,000.00 directly to my client within FIFTEEN (15) days from receipt of this letter. Otherwise, I will be constrained to file the necessary legal action against you to protect my client's interest without further notice.

Truly yours, ATTY. JUAN C. DELA CRUZ

ANNEX “ A “