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Sample Complaint

This document is a complaint filed in court. It alleges that the Plaintiff owns a piece of land that the Defendant was leasing and occupying. While occupying the land, the parties entered into a verbal agreement for the Defendant to purchase part of the land, but the Defendant failed to pay the full amount. The complaint seeks restitution of the land back to the Plaintiff, damages from the Defendant, and costs of the legal action. Mediation through the local Lupong Tagapamayapa failed to resolve the dispute, leading to the filing of this court complaint.

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248 views2 pages

Sample Complaint

This document is a complaint filed in court. It alleges that the Plaintiff owns a piece of land that the Defendant was leasing and occupying. While occupying the land, the parties entered into a verbal agreement for the Defendant to purchase part of the land, but the Defendant failed to pay the full amount. The complaint seeks restitution of the land back to the Plaintiff, damages from the Defendant, and costs of the legal action. Mediation through the local Lupong Tagapamayapa failed to resolve the dispute, leading to the filing of this court complaint.

Uploaded by

bethelfaith
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

COMPLAINT

          PLAINTIFF, by counsel, and unto this Honorable Court, most


respectfully allege: -THAT-

1.   Plaintiff is of legal age, Filipino, with residence and postal address at Purok
Man-ag, Brgy. IV, Roxas, Palawan where he may be served notices and
other court processes;

2.   Defendant is of legal age, Filipino, with residence and postal address


at Purok Man-ag, Brgy. IV, Roxas, Palawan, where he may be served
summons and other court processes;

3. Plaintiff is the absolute owner of Lot 19, which is a portion of Lot 310 and
311, PLS-32, with an area of 3,003 sq.m. by virtue of an Extrajudicial
Settlement of the Estate of Evaristo B. Aludia Sr. and Emilia Gapulao.
(Survey Plan and Extrajudicial Settlement are attached as Annex A and B,
respectively)

4. The Defendant leases and occupies portion of the said land with an area of
600 sq. m. from March 1, 2009 until March 1, 2014 as agreed upon
between the plaintiff and the Defendant in the lease contract executed on
March 1, 2009 under the express obligation to pay a monthly rental of
P500.00; (Contract of Lease attached as Annex C)

6.   During the course of the Defendant’s occupation of the said parcel of land,
the plaintiff and the defendant had a verbal agreement for the sale of 2000
sq. m. potion of the subject land for the consideration of P2,000,000.00 to
be paid via installment;

7. The defendant was able to pay the amount of P300,000.00 but reneged on
his payment after such;

8. The failure of the defendant to pay the remaining amount based on their
agreement constrained the plaintiff to rescind the verbal agreement
considering that the same is not enforceable in the first place.

9. Defendant has continued to occupy the 2000 sq. m. portion of the land
notwithstanding the fact that the contract of lease has been terminated and
the verbal agreement of sale has been rescinded already thus depriving the
plaintiff from utilizing the land;

8.   Several demands to vacate were made by plaintiff to Defendant, both oral


and written (Demand letter attached as Annex “D”), but Defendant
refused to vacate the land and return possession to the plaintiff;

9.       Thus, Defendant is unlawfully withholding possession of the subject land


from the plaintiff despite last and final demand, to the damage and
prejudice of the plaintiff;

10.       Before filing of this complaint, the dispute has been referred to the
Lupong Tagamayapa of Roxas, Palawan but the parties failed to arrive at
an amicable settlement; (Certificate to File Action attached as Annex “E”)

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 parcel of land;

2.   For the payment of damages.

3.   To pay the costs for this suit.

Other reliefs just and equitable under the premises are likewise
prayed for.

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