Republic of the Philippines MUNICIPAL TRIAL COURT National Capital Judicial Region Branch _____ Iloilo City Ian Alba, Plaintiff,
CIVIL CASE NO. ______ -versusFor: Unlawful Detainer with writ of Preliminary Mandatory Injunction
Jun Miranda, Defendant. x - - - - - - - - - - -- - - - - - --- - -- x
COMPLAINT COMES NOW, Plaintiff Ian Alba, through undersigned counsel, unto this
Honorable Court most respectfully alleges that:
1. Plaintiff, Ian Alba, is of legal age, Filipino, single and a resident of 9 South Aguila, Green Cross Subdivision, Quezon City, where the plaintiff may be serve with court processes; 2. The defendant, Jun Miranda, is of legal age, Filipino, single and and a resident of 9 West Aguila, Green Cross Subdivision, Quezon City, where he may be served with summons and other court processes; 3. Herein Plaintiff is the true, lawful, absolute owner and lessor of the house and lot located in of 9 West Aguila, Green Cross Cross Subdivision, Quezon City; 4. That on May 01, 2006, plaintiff entered into a written contract with defendant whereby the former leased to the latter the above-described property for the period of two (2) years, starting on May 1, 2006, for the monthly rental of fifty thousand pesos (Php 50,000.00), copy of which contract of lease is attached hereto as Annex “A”, made as an integral part hereof;
5. That by virtue of the said contract, Annex “A”, defendant took possession of the property in question on May 1,2006, and he is still in possession of the same up to the present time; 6. That the defendant failed to pay his monthly rentals from the months of January 01, 2007 up to the present which amounts to five hundred thousand (Php 500, 000.00) plus interest , and still continue to maintain his occupation and use of the facilities despite demand of payment and/or leave the premise upon payment and still refuses to vacate the property, in spite of repeated demands and a written notice in advance thereof; a copy of Demand Letters both the initial and final demand is hereby attached as Annex “B-1” and “B-2” of the complaint; 7. Plaintiff is constrained to bring this action against defendant and to retain the services of a counsel to protect his rights therefore and incurred a considerable sum of money for attorney’s fee and other litigation expenses as may be proved in the course of the proceedings of this case; 8. Likewise, the continuance of the possession by the defendant against plaintiff’s property would work grave injustice to the plaintiff and that great irreparable damage and injury would result to him before the matter can be heard unless a writ of preliminary mandatory injunction is issued; 9. Plaintiff is ready and willing to post a bond executed to defendant in the amount to be fixed by this Honorable Court to answer for whatever damages defendant may incur as a result of injunction.
WHEREFORE, it is respectfully prayed that a writ of preliminary mandatory
injunction be immediately issued by this Honorable Court for the performance of the defendant of a particular act, that is to vacate the premises while pending litigation, And after due hearing, judgment be rendered in favour of the plaintiff to wit: a. Granting the Writ of preliminary mandatory Injunction permanent; b. Ordering defendant to pay the plaintiff the amount of five hundred thousand (Php 500, 000.00) plus interest at the courts determination; c. Ordering defendant to pay actual and compensatory damages to the plaintiff in the amount to be presented during the trial; d. To pay attorney’s fee and the cost of this suit in the amount to be presented in the course of the trial; and e. To pay moral damages and exemplary damages to deter others from committing the same in the amount to be presented during the trial.
Plaintiff further prays for such other relief the Honorable Court may deem just and equitable in the premises.
RESPECTFULLY SUBMITTED Iloilo City, Philippines, October 01, 2007, DEJADA AND ASSOCIATES Lawyers and Notary Public 1234 suite Makati, Manila
BY:
Mary Joy S. Dejada ATTY. MARY JOY S. DEJADA
Counsel for the Plaintiff IBP No. 879870 * Iloilo City * 26 December 05 PTR No. 8978970 * Iloilo City * 29 December 05 Roll of Attorneys No. 08667 * Page 525 * Book XXIV MCLE Compliance No1- 0000066
Copy Furnished by personal service: ATTY. LOVELY GRACE DUMARAO
Ramona Building Makati Manila Received by: __________________ Date: ________________________
REPUBLIC OF THE PHILIPPINES) CITY OF MANILA) S.S. x-------------- ----------x
VERIFICATION/CERTIFICATION
I, IAN ALBA, of legal age, on oath, depose and state: a.
That I am the plaintiff in the above-entitled case;
b.
That I have caused the preparation of the foregoing complaint;
c.
That I have read and understood its contents and that the same are true and correct to the best of my knowledge and belief.
d.
That I have not theretofore commenced any petition or proceeding involving the same issues in any court, tribunal, or quasi-judicial agency and to the best of my knowledge, no such other petition is pending therein ; if there is such other pending action or claim, a complete statement of the present status thereof; and if I should thereafter learn that the same or similar action or claim has been filed or is pending, I shall report that fact within five (5) days therefrom to the court wherein my aforesaid petition has been filed.
AlbaIan IAN ALBA Affiant PRC ID No.: 23234567 Issued at Manila City Issued on 27 January 2007 st
SUBSCRIBED AND SWORN TO before me this 1 day of October 2007, in the City of Manila after showing to me his competent evidence of identity indicated below his name. I HEREBY CERTIFY that I personally examined the affiant and I am satisfied that she voluntarily executed and understood his declaration on the place and date above written.
Mary Joy S. Dejada ATTY. MARY JOY S. DEJADA
Notary Public Commission No.00145 My Commission expires on December 31, 2 008 Until 31 December 2008 Law office address: Jaro Iloilo City Roll of Atty.’s No.: 08667
PTR No. 8978970 Issued on December 26, 2005 Issued at Iloilo City, Philippines IBP No.879870 Issued on December 29, 2005 Issued by: IBP-Iloilo Chapter MCLE Compliance No1- 0000066 Date Issued: January 3, 2006 Doc. No. __ Page No _ Book. No. _ Series of 2009 Date and Time Notarized: __________
ANNEX “A”
CONTRACT OF LEASE
KNOW ALL MEN BY THESE PRESENTS: This Contract of Lease is made and entered into this May 01, 2006 at Quezon City by and between: IAN ALBA, of legal age, Filipino, single and a resident of 9 South Aguila, Green Cross Subdivision, Quezon City, known as the LESSOR; JUN MIRANDA, of legal age, Filipino, single and a resident of 123 St., Sampaloc Manila, known as the LESSEE.
WITNESSETH THAT: WHEREAS, the lessor is the owner of a house and lot situated at 9 West Aguila, Green Cross Subdivision, Quezon City. WHEREAS, the lessee desires to lease the said house and lot and all the improvements therein and the lessor agrees to lease the same to the lessee under the following terms and conditions: 1. This contract of lease shall take effect beginning May 01, 2006, up to and until May 01, 2008. The lessor has the option to renew this contract and if the lessee would like to extend such lease, he may do so by a written request one month before the extended time; 2. The herein lessee shall pay a monthly rental of Php. 50,000.00, due and th payable every 15 day of the month beginning August 1, 2006, thereafter. Upon the signing and execution of this contract, the lessee shall pay the following: a. Three months deposit equivalent to one hundred and fifty thousand pesos (Php. 150,000.00), which shall be returned to the lessee at the end of this lease. However, if there are unpaid bills, or if there are damages caused by or inflicted to the leased property, this deposit shall be held answerable to the same, and the lessor has the right to apply the said deposit as payment for unpaid rentals and damages without obtaining the consent or approval of the lessee; b. Two (2) months advance rental equivalent to one hundred thousand pesos (Php. 100,000.00). 3. After the expiration of this contract of lease, the parties shall negotiate the new terms and conditions of the lease, particularly the amount of monthly rentals to be paid to the lessor by the herein lessee;
4. The leased premises cannot and shall not be subleased by the lessee without the written consent and authority of the lessor, nor can the lessee introduce any kind of improvement in the leased premises without the written consent and approval of the lessor; 5. The lessee is specifically prohibited to use the leased premises as a boarding house and/or bedspace, or for any immoral or illegal activity, and only the lessee, his immediate family members and child/children and authorized domestic helpers may be allowed to stay in the leased premises; 6. The lessee undertake the repairs necessary for the building and to pay the electric and water bills monthly; 7. The lessor or his agents are allowed to enter the leased premises to visit/view the condition of the leased premises on any day during reasonable hours; 8. The lessee should surrender or yield up quietly and peacefully to the lessor the leased premises at the termination of this lease contract, in the same condition as he shall found the leased premises; 9. The lessee will free the lessor to reimburse him of any improvements made unto the building but cannot thereafter remove them should it will affect the leased premises; 10. The lessee shall comply with any and all laws, ordinances, regulations, orders of the Homeowners Association; 11. The lessee shall not make any alterations or changes in the electrical installations or in any other improvement within the leased premises without the prior written authority and consent of the lessor. At the end of this lease, any and all improvements shall belong to and shall be owned by the lessor. The lessee hereby acknowledges that the leased premises are in good tenantable condition when the leased property is delivered to him, and hereby agrees and binds herself/himself to undertake exclusive expense, all repairs, necessary or otherwise, such as those which are necessary to maintain the same in good and habitable condition; 12. In case of breach by the lessee of any of the terms of this contract, the lessor has the right to eject the lessee from the premises and to collect and recover from him all arrearages and damages, if there are any; 13. This contract take effect upon signed by the parties; and 14. No other agreements shall bind the parties unless consented by them mutually.
NOW THEREFORE: The parties hereby affix their signature this 1st day of May 2006 at Quezon City and that they voluntarily agrees on the stipulation above written and that the lessee further agrees that the lessor reserves the right to bring proper civil and criminal action to protect his rights in case the lessee fails or violate an y stipulation therein. IN WITNESS WHEREOF , I have hereunto set my hand this 1st day of
May, 2006 in Manila, Philippines.
Jun Miranda Jun Miranda Lessee PRC ID No.: 23234567 Issued at: Manila City Issued on: 24 January 2006
Ian Alba Ian Alba Lessor GSIS ID No.: 45674567 Issued at: Manila City Issued on: 27 September 2005
Signed in the presence of:
Ben Ladin
Sol Greingo
Ben Ladin
Sol Greingo
REPUBLIC OF THE PHILIPPINES) ILOILO CITY ) S.S x-------------- ----------x A C K NO W L E D G M E N T st
BEFORE ME, this 1 day of May 2006 at Quezon City, Philippines, personally appeared Ian Alba and Jun Miranda, exhibiting to me their competent evidence of identity indicated below their name, known to me and to me known to be the same persons who executed the foregoing instrument and they acknowledge to me that the same is their own free act and deed. This instrument consisting of 4 pages, including the page on which this acknowledgement is written, has been signed on each and every page thereof by the concerned parties and their witnesses, and sealed with my notarial seal.
st
WITNESS MY HAND AND SEAL , on the 1 day of May, 2006 at Quezon City, Philippines.
DEJADA AND ASSOCIATES
Lawyers and Notaries Public Jaro, Iloilo City
Mary Joy S. Dejada ATTY. MARY JOY S. DEJADA
Notary Public Commission No.00145 My Commission expires on December 31, 2 008 Until 31 December 2008 Law office address: Jaro Iloilo City Roll of Atty.’s No.: 08667 PTR No. 8978970 Issued on December 26, 2005 Issued at Iloilo City, Philippines IBP No.879870 Issued on December 29, 2005 Issued by: IBP-Iloilo Chapter MCLE Compliance No1- 0000066 Date Issued: January 3, 2006 Doc. No. __ Page No __ Book. No. __
Series of 2009 Date and Time Notarized: __________
Copy Furnished and personal service: ATTY. LOVELY GRACE DUMARAO Ramona Building, Makati, Manila Received by: __________________ Date: ________________________
ANNEX “B-1”
DEMAND LETTER
July 1, 2007 Jun Miranda Lot no. 9 West Aguila Green Cross Subdivision Quezon City
Dear Sir: Consider this letter as a demand for you to pay your unpaid rentals plus interest otherwise vacate the premise on or before September 01, 2007. This will be my initial demand for you and kindly give this matter your timely attention. Thank You!
Ian Alba Ian Alba
ANNEX “B-2”
DEJADA AND ASSOCIATES Lawyers and Notary Public 1234 Suite Makati, Manila
August 01, 2007 Jun Miranda Lot no. 9 West Aguila Green Cross Subdivision Quezon City Dear Sir: Our client Ian Alba had referred to us his case as regards to your accrued unpaid rentals for six (6) months plus interest, from January 01, 2007 up to the present. Consider this letter as a demand for you to pay the amount due which is four hundred thousand (Php. 400,000.00) plus interest due to delay in your rental payments and to vacate the premises on or before September 01, 2007. The refusal to accede to this second and final demand letter will prompt the undersigned to seek recourse before the courts of law for non-payment of accrued rentals and refusal to vacate the premises. Please give this matter your utmost and pr eferable attention.
DEJADA AND ASSOCIATES Lawyers and Notary Public 1234 Suite Makati, Manila BY:
Mary Joy S. Dejada ATTY. MARY JOY S. DEJADA
Counsel for Ian Alba Copy Furnished and personal service: ATTY. LOVELY GRACE DUMARAO
Ramona Building, Makati, Manila Received by: __________________ Date: ________________________
