Kris-complaint.docx

February 6, 2019

Legal Technique and Logic Mid-Term Examination

Submitted by: Lorevera Krishna Abellar Submitted to: Mohammad Mon-em Abangad

REPUBLIC OF THE PHILIPPINES METROPOLITAN CIRCUIT TRIAL COURT Datu Odin Sinsuat, Maguindanao 2nd Municipal Circuit Trial Court Kris C. Aquino, Plaintiff, CIVIL CASE No. xxxx FOR: Unlawful Detainer

-versus-

Spouses Gretchen A. Barretto and Tony Boy C. Barretto Defendant. x----------------------------x COMPLAINT COMES NOW, the plaintiff, through the undersigned counsel and unto this Honourable Court, most respectfully avers: 1. That the plaintiff, KRIS C. AQUINO, is a legal age, Filipino citizen, widow, with residence at Lugay-Lugay, Cotabato City; 2. That the defendant, spouses GRETCHEN A. BARRETTO and TONY BOY C. BARRETTO, of legal age, Filipino citizen, with residence at Crossing Simuay, Sultan Kudarat, Maguindanao, where they may be served with summons and other court processes; 3. The plaintiff is the rightful possessor of the disputed land located at Crossing Simuay, Sultan Kudarat, Maguindanao, she being the widow of its registered owner PHILIP S. AQUINO; 4. Since 1980, defendants started occupying the land and the deceased owner, husband of the plaintiff, did not opposed and just tolerated the possession of the land; 5. On December 17, 2018, the plaintiff sent a letter of demand to vacate and consequently restore the possession of the land because she would already be using the same for own use; 6. Despite said letter of demand which was repeated by oral demands, the defendant failed to vacate and restore the possession of the land to the plaintiff;

7. By reason of failure of the defendant to vacate the land, the plaintiff was compelled to file this complaint engaging the services of counsel in the amount of P100,000.00. WHEREFORE, premises considered, it is most respectfully prayed unto this Honourable Court that, after hearing, judgment be rendered ordering the defendant:

1. To vacate and restore the possession of the land; 2. To pay the amount of P10,000.00 per month as a compensation for the reasonable use of the land until they finally vacate the said land; 3. To pay the plaintiff the cost of the suit P100,000.00. Datu Odin Sinsuat, Maguindanao, January 30, 2019

LOREVERA KRISHNA M. ABELLAR Counsel for Plaintiff Datu Odin Sinsuat, Maguindanao Roll of Attorney No. 0911 IBP Lifetime Member No. 0722/07-07-07/Manila PTR No. 1219/05-19-07/Manila

Republic of the Philippines

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Datu Odin Sinsuat, Maguindanao ……)) S.S. x---------------------------------------------x

VERIFICATION/CERTIFICATION OF FORUM SHOPPING

I, KRIS C. AQUINO, of legal age, Filipino citizen, widowed, and a resident of Crossing Simuay, Sultan Kudarat, Maguindanao, after having been duly sworn to in accordance with law do hereby depose and say:

1. That I am the plaintiff in the above-entitled case; 2. That I have caused the preparation of the foregoing complaint and have read the allegations contained therein; 3. The allegations in the said complaint are true and correct of my own knowledge and authentic records.

KRIS A. AQUINO Plaintiff

SUBSRCIBED and SWORN to before me this ____ day of _________, 2019 at Datu Odin Sinsuat, Maguindanao.

LOREVERA KRISHNA M. ABELLAR Notary Public Until Dec. 31, 2019 PTR No. 1219/05-19-07/Manila Issued at Datu Odin Sinsuat, Maguindanao