REPUBLIC OF THE PHILIPPINES
METROPOLITAN TRIAL COURT
BRANCH ____
PARAÑAQUE CITY
MA. JUANA C. CRUZ,
Plaintiff,
-versus- Civil Case No. _________
For: Ejectment
JOANA DELA CRUZ, and/or all
persons claiming rights under her,
Defendant.
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COMPLAINT
PLAINTIFF, thru undersigned counsel, unto this Honorable Court,
respectfully alleges that:
1. Plaintiff is of legal age, Filipino, married, and a resident of No. 123
Aguirre Avenue, BF Homes, Parañaque City;
2. Defendant is of legal age and a resident of No. 345-C Aguirre Avenue,
BF Homes, Parañaque City;
3. Plaintiff is the owner of a commercial building located at No.319
Aguirre Avenue, BF Homes, Parañaque City;
4. On February 1, 2005, plaintiff, as lessor, and defendant, as lessee,
formally entered into a Contract of Lease over the abovementioned premises for
a period of one (1) year starting from January 15, 2023 to January 14, 2024, for a
monthly rental of Fourteen Thousand Pesos (Php14,000.00). A photocopy of the
Contract of Lease is hereto attached as Annex “A”;
5. On the date of the execution of the lease contract (Annex “A”) and by
virtue thereof, defendant was placed in peaceful possession of the leased
premises;
6. On February 15, 2006, plaintiff and defendant entered into another
Contract of Lease over the same premises for a period of six months starting
from January 14, 2024 to July 14, 2024, for a monthly rental of Fifteen Thousand
Pesos (Php15,000.00). A photocopy of the Contract of Lease dated February
15, 2006 is hereto attached as Annex “B”;
7. On October 4, 2024, the parties formally extended the lease for another
year starting from July 15, 2024 to July 15, 2025. A photocopy of the Extension
of Contract of Lease is hereto attached as Annex “C”;
8. Defendant has remained in peaceful possession of the leased premises
when the abovementioned contracts (Annex “B” and Annex “C”) were executed;
9. On account of defendant’s failure to pay the rentals due for the period
from September 15, 2024 up to November 15, 2024, plaintiff, thru her counsel,
notified the defendant that the lease was being terminated and that the latter
must vacate the premises as well as pay within fifteen (15) days from receipt of
the notice, the overdue rent of Forty-Five Thousand Pesos (P45,000.00). A
photocopy of the written demand, dated November 15, 2024, is hereto attached
as Annex “D”;
10. The defendant, however, refused to claim the abovementioned
demand letter from the Post Office. A photocopy of the mailed envelope is
hereto attached as Annex “E”;
11. Due to the said refusal of the defendant to claim the demand letter,
plaintiff’s counsel sent another written demand, dated January 9, 2007, thru LBC
Courier Service, for the former to vacate the leased premises within ten (10) days
from receipt of the letter as well as to pay all the unpaid rental arrears. A
photocopy of the demand letter is hereto attached as Annex “F” and a copy of
Official Receipt No. 1623007 issued by the LBC Courier Service is hereto
attached as Annex “G”;
12. Despite plaintiff’s repeated demands aforesaid, defendant has
refused and continue to refuse to vacate the leased premises and pay the
overdue rent, to the damage and prejudice of the plaintiff;
13. Plaintiff consequently filed a complaint for ejectment against
defendant before the Office of the Barangay BF Homes, Parañaque City, which
issued a Certification to File Action when the parties failed to settle the case. A
photocopy of the Certification to File Action, dated March 29, 2024, is hereto
attached as Annex “H”;
14. As a consequence of defendant’s refusal to vacate the leased
premises and pay the overdue rent, plaintiff has suffered actual damages in the
sum of Php60,000.00 (after deducting defendant’s partial payment made on
February 24, 2024 for her rental arrears in the amount of Php30,000),
representing the unpaid and overdue Php15,000.00 monthly rentals covering the
period from September, 2023 to February 2024. Plaintiff stands to suffer further
damage amounting to Php15,000.00 per month, starting March, 2024 until
defendant finally vacate the premises;
15. Plaintiff was also compelled to file this complaint, engaging for such
purpose the services of the undersigned counsel to whom she contracted to pay
the amount of P50,000.00 as attorney’s fees, plus Php5,000.00 per court and/or
mediation appearance.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed of this
Honorable Court to order defendant and/or any and all persons claiming right
under her, to vacate the leased premises and to pay the following sums to the
plaintiff:
1. Php60,000.00 as overdue rentals plus interest allowed by law.
2. Php15,000.00 per month starting March 2024 until defendant finally
vacate the premises, plus interest allowed by law.
3. Php50,000.00 as attorney’s fees, plus Php5,000.00 per appearance
before the court and/or mediation board;
4. To pay the costs of this suit.
Plaintiff further prays for other reliefs just and equitable in the premises.
Parañaque City, November 10, 2024.
JOHNNY DELA CRUZ
Counsel for Petitioner
The PRIME Bldg.,
Aguirre Street,
BF Homes, Parañaque City
IBP Lifetime Roll #
PTR No.
Roll No.
VERIFICATION/NON FORUM
SHOPPING CERTIFICATE
I, MA. JUANA C. CRUZ, of legal age, upon being sworn, on oath hereby
declare that:
1. I am the plaintiff and have caused the preparation of the above
complaint, and having read the same, I certify that the facts stated therein are
true and correct of my own personal knowledge;
2. I have not commenced any petition or similar proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;
3. To the best of my knowledge, no such action or proceeding is pending
in the Supreme Court, the Court of Appeals or any of its Divisions, or any tribunal
or agency;
4. Should thereafter I learn that a similar petition, action or proceeding has
been filed or is pending before the Supreme Court, the Court of Appeals, or any
of its Division, or any other tribunal or agency, I undertake to promptly inform this
court of such fact within five (5) days therefrom.
IN WITNESS WHEREOF, I hereby affix my signature this _____ day of
___________, 2024 at Parañaque City.
CECILIA C. MENDOZA
Plaintiff-Affiant
SUBSCRIBED AND SWORN to before me this ____ day of _______,
2024, at Parañaque City, affiant exhibiting to me her Community Tax Certificate
No._____________, issued on ________________ at ______________.
Notary Public
Doc. No.____
Page No. ___
Book No._____
Series of 2024.
