REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FIFTH (5th) JUDICIAL REGION
Branch 24

XXX,
Plaintiff,

-versus- Civil Case No. 987654

For: Unlawful Detainer

YYY,
Defendant,

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COMPLAINT

COMES NOW, the plaintiff, and unto this Honorable Court, most respectfully avers:

1. That plaintiff XXX is of legal age, Filipino, with residence and postal address at
Barangay Malamig, Legazpi City,;

2. That defendant YYY is of legal age, Filipino, with residence and postal address at
Barangay Mainit, Legazpi City, where he may be served summons and other court
processes;

3. Plaintiff is the absolute owner and lessor of that certain apartment situated at Legazpi
City and now leased and occupied by the respondent;
4. Plaintiff and Respondent had known each other for a long time having studied in the
same college and have been friends since then;
5. The respondent leases and occupies the said apartment from January 1, 2010 until
December 31, 2012 as agreed upon between the plaintiff and the respondent in the
lease contract executed on January 1, 2010 under the express obligation to pay a
monthly rental of P 9,000.00; (Copy of Contract of Lease is hereto attached as Annex
“A”)
6. The lease contract of the respondent for the occupation of the building has been
terminated on December 31, 2012 and has not been renewed or extended;
7. During the course of the respondent’s occupation of the said apartment, respondent
has failed to pay her rentals for the months of August, September, October, and
November 2011, and April, May and June, 2012;
8. Respondent has continued to occupy the said apartment notwithstanding the fact that
her contract of lease has been terminated on December 31, 2012 thus depriving the
plaintiff from having the said apartment leased by other persons;
9. Several demands to vacate was made by plaintiff to respondent, although orally, but
respondent refused to vacate the said apartment and return possession to the plaintiff;
10. On March 30, 2013, plaintiff sent a letter to respondent as a last and final demand for
respondent to vacate plaintiff’s apartment; (Copy of Demand Letter is hereto attached
as Annex “B”)
11. Until now Respondent still refuse to vacate and restore possession and pay his rentals
for the months of August, September, October, and November 2011, and April, May
and June, 2012 during his occupation of the apartment;

1
 12. Thus, Respondent is unlawfully withholding possession of the subject apartment from
the plaintiff despite last and final demand, to the damage and prejudice of the
plaintiff;
13. Before filing of this complaint, the dispute has been referred to the Lupong
Tagamayapa of Legazpi City but the parties failed to arrive at an amicable settlement;
(Certificate to File Action is hereto 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 apartment;
2. For the payment of FORTY TWO THOUSAND (P 42,000.00) PHILIPPINE
CURRENCY, 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.
Legazpi City, Philippines, April 29, 2013.

CHUZ ASS
Counsel for Plaintiff
Rm. 321, 3rd Floor, Very Tall Building,
Legazpi City

By:

ATTY. ABO G. ADO

PTR No: 0816199 (2013)
IBP No.:100682 (2013)
MCLE Compliance No.: III-0025943 (2013)
Roll No.: 246981