Civil Complaint Sample... 31l1t

Republic of the Philippines NATIONAL CAPITAL JUDICIAL REGION METROPLITAN COURT IN CITIES Pasay City Branch 123

ADVANCED FOUNDATION CONSTRUCTION SYSTEMS CORPORATION (AFCSC) Represented by SUZETTE R ESMA, Plaintiff

Civil Case No. 1234 For: UNLAWFUL DETAINER

-versusGIANNI MODICA, Defendant X---------------------------------------------X COMPLAINT WITH ALL DUE RESPECT TO THE HONORABLE COURT.

PLAINTIFF, respectfully files this Complaint and in , avers the following: 1. Plaintiff, represented by, Suzette R. Esma, is a corporation organized and existing under Philippines law situated at Unit 12-B, 12th floor, Petron Megaplaza Building, Makati City; 2. Defendant, of legal age, a resident alien of Unit 604, Somerset Tower 1, Leveriza Street, Pasay City, where summons may be served; 3. Plaintiff, owner of Condominium Unit 604 Somerset Tower 1 at Leveriza Street, Pasay City. 4. The Certificate of Title of the property is attached and made an integral part as Annex “A”;

Page 1 of 5

5. On October 30, 2007, defendant, entered a Contract of Lease with AFCSC and renewed from May 10, 2011 to November 9, 2011; 6. Defendant incurred unpaid rentals of Php 105,000.00 based on the First and Second Contract of Lease and demand letter was sent dated 8 June 2008; 7. Defendant promised to pay his unpaid rentals that caused the plaintiff to renew the contract for the third time; 8. Plaintiff sent a Demand to Vacate, attached as Annex “B”, and Pay Rentals on July 18, 2013 but no avail; 9. Defendant, still stayed in the condominium and refused to vacate despite breach of contract and demand; 10.Thus, Plaintiff was deprived of possession and use of the property since May 2011 to July 2013; 11. Defendant have no right over the property which became unlawful; 12.Defendant must be assessed reasonable rent from the time their possession became unlawful until he is removed from the premises; 13. Defendant should be assessed of moral and exemplary damages. PRAYER WHEREFORE, premises considered, respectfully prayed of the Honorable Court to find in favor of the Plaintiff and that Judgment be rendered as follows: 1. Awarding or restoring to the Plaintiff possession over the subject property; 2. Removing the defendant from the subject property; and 3. Ordering defendant to pay the following: a. Reasonable rent for the months that he unlawfully possessed or stayed on the property; b. Moral damages in the amount of Php 50,000.00; and

Page 2 of 5

c. Exemplary damages in the amount of Php 50,000.00. Other relief and remedies, just and equitable under the premises, are likewise prayed for. Respectfully submitted this 1st day of August, 2013 at Pasay City, Metro Manila, Philippines.

ATTY. DARWIN HULIPAS Counsel for Plaintiff Roll No. 12345 IBP No. 54321 MCLE Comp. No. III-111-123

ATTY. JAMES ANDREW PATACSIL Counsel for Plaintiff Roll No. 12346 IBP No. 64321 MCLE Comp. No. IV-111-321

ATTY. MANUEL REY LITTAUA II Counsel for Plaintiff Roll No. 12347 IBP No. 74321 MCLE Comp. No. IV-111-456

Page 3 of 5

REPUBLIC OF THE PHILIPPINES DONE IN PASAY CITY, PHILIPPINES

) ) S.S.

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, SUZETTE R. ESMA, authorized representative of Advanced Foundation Construction Systems Corporation, of legal age, Filipino Citizen, with office address at Unit 12-B, 12th floor, Petron Megaplaza Building, Makati City, hereby declare under oath that: 1. I am the Plaintiff representing Advanced Foundation Construction Systems Corporation in the case; 2. I have caused the preparation of the Complaint for Unlawful Detainer; 3. I have read and understood the same; 4. The allegations contained are true and correct based on my personal knowledge and on authentic records; 5. I have not commenced other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency; 6. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; and 7. 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 any other tribunal or agency, I undertake to report that fact within five days to this Honorable Court. IN WITNESS WHEREOF, I affix my name and signature at Pasay City, Philippines, this 1st day of August, 2013.

SUZETTE R. ESMA Plaintiff

Page 4 of 5

SUBSCRIBED AND SWORN to before me at Pasay City this 1st day of August, 2013.

ATTY. DARYL G MACAGBA Macagba Law Office Roll No. 12348 IBP No. 84321 MCLE Comp. No. IV-111-654

Page 5 of 5