REPUBLIC OF THE PHILIPPINES MUNICIPAL CIRCUIT TRIAL COURT 6th Judicial Region Branch 9 Zarraga, Iloilo Iloilo
OSCAR TICSON, Plaintiff, Plaintiff,
CIVIL CASE No. 505
- versus -
FOR: UNLAWFUL DETAINER
EFREN VALDE, Defendants. x--------------------------x
COMPLAINT
COMES NOW Plaintiff in the above-entitled case, through the undersigned counsel, and to this Honorable Cou rt, most respectfully alleges: 1.
- That Plaintiff is Oscar Ticson, of leagal age, married to Ester Ticson and a
resident of Tigbauan, Iloilo; 2. - That the Defendant is Efren Valde, of legal age, married to Josefa Valde and a resident of # 3D Fermin Fer min Caram Sr. Street, Iloilo City. 3.
- That Plaintiff is the registered owner and entitled to the possession of the twenty
(20) hectare fishpond, covered by Original Certificate of Title No. 5588, situated at Zarraga, Iloilo, Iloilo, more particularly described and bounded as follows: follows:
ORIGINAL CERTIFICATE OF TITLE NO. 5588
³A parcel of land with improvements thereon, situated in the Municipality of Zarraga. Bounded on the NE., by Calle San Jose; on the SE., by properties of Martin Tirador,; on the SW., by Calle Pasoa Finales and property of Emeterio Armada; and on the NW., by Calle Sto. Niño. x x x containing an area of of twenty hectares hectares (20) more or less.´
4.
- That the Plaintiff leased the twenty (20) hectare fishpond, located at Zarraga,
Iloilo Iloilo to t o the Defendant for a period of ten (10) years; 5.
- That the parties executed a lease agreement covering the fishpond for the period
from September 1, 2001 to August 31, 2011, and that the year lease is a million pesos;
6.
- That the agreement stipulates that upon the expiration of the lease, the lessee
shall turn over possession of the leased premises to the lessor without the need of demand, judicial or otherwise; 7.
- That on September 7, 2011, when the Plaintiff arrived at the fishpond, he saw
the Defendant directing the repair of the dikes; 8.
- That when the Plaintiff told the Defendant that he was taking over the
possession of the fishpond, the Defendant refused to turn over the said fishpond and alleged that he had already consigned the amount of two (2) million as lease for the year and showed the Plaintiff the Official Receipt issued by the Municipal Treasurer o f Zarraga, Iloilo; 9.
- That by reason of the unjustified refusal and failure of the Defendants to comply
with the demand of the Plaintiff, the latter was forced to engage services of counsel for the enforcement of their rights and suffered damages in the sum of THIRTY FIVE THOUSAND (P35,000.00) PESOS for attorney¶s fees;
WHEREFORE, it is most respectfully prayed of this Honorable Court that judgment be rendered: 1. ordering the Defendant to vacate the property; and 2.
ordering the Defendant to pay the sum of THIRTY FIVE THOUSAND (P35,000.00) PESOS for attorney¶s fees and to pay
the costs. Plaintiff prays for such other and further reliefs as may be just and equitable in the premises.
Iloilo City, December 12, 2011.
JERIEL T. GAVINO Counsel for the Plaintiff Luna St., La Paz, Iloilo City IBP no. 558849 January 5, 2005 PTR no. 316880 January 5, 2005
REPUBLIC OF THE PHILIPPINES ) CITY OF ILOILO ) SS.
V ER IF IC AT IO N A ND C ER TI F IC A TE O F N ON - FO R UM S HO P PI NG
I, OSCAR TICSON, of legal age, married and a resident of Tigbauan, Iloilo, after having been duly sworn in accordance with the law hereby depose and say: That I am the owner of the twenty (20) hectare fishpond situated at Zarraga, Iloilo; that I have caused the preparation of the foregoing Complaint and the contents thereof are true and correct based on authentic records or my own knowledge and belief; That I further certify under oath that I have not heretofore commenced any other action or proceeding against the defendant, involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency, except Civil Case No. 316 of the Municipal Circuit Trial Court of Zarraga, Iloilo; 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; That if there is such other action or proceeding pending, I must state the status of the same; That if I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals or agency, I undertake to promptly inform the aforesaid courts and such other tribunal or agency of that fact within five (5) days therefrom to the Court or agency wherein the original pleading and sworn certification contemplated herein have been filed.
OSCAR TICSON Affiant
th
SUBSCRIBED AND SWORN to before me this 12 day of December 2011, at Iloilo City, Philippines.
Jeriel T. Gavino Notary Public Doc No. 2; Page No. 2; Book No. 5; Series of 2011.
