Sample Complaint - Civil Case 6p7028

REPUBLIC OF THE PHILIPPINES METROPOLITAN TRIAL COURT IN CITIES City of _____________, Province of _________ Branch ___ Name of Plaintiff, Plaintiff, CIVIL CASE No. ______ FOR: Ejectment

- versus Name of Defendant, Defendant. x-----------------------------------x COMPLAINT

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

1.

That the plaintiff, Name of Plaintiff, is of legal age, Filipino citizen, single, and a resident of No. 12 Walangdaan St., Wonder City, Philippines;

2.

That the defendant, Name of Defendant, is of legal age, Filipino citizen, single, and a resident of No. 25 Walangdaan St., Wonder City, Philippines;

3.

That the plaintiff is the owner of a land over which an apartment had been constructed located in No. 24 Walangdaan St., Wonder City, Philippines;

4.

That being relatives, the plaintiff has allowed defendant to use the apartment and the land owned by the former starting October 3, 2016 until such time when defendant would be able to put up and build her own house in her own land and while no tenant is leasing the said property.

5.

That on April 11, 2017, the plaintiff sent the defendant a letter of demand to vacate the apartment which was received by the latter as shown in the registry return receipt hereto attached as Annex “A”;

6.

That despite said letter of demand which was repeated by oral demands, the defendant failed and still refused to vacate the premises;

7.

By reason of the failure of the defendant to vacate the premises, the plaintiff was compelled to file this complaint.

WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable Court that judgment be rendered ordering the defendant:

1. 2. 3.

To vacate the subject premises; To pay damages for illegal use and lost income computed from the date of first demand until the defendant finally vacates the premises; and To pay the plaintiff the cost of the suit.

Plaintiff likewise prays for such other reliefs that are deemed just and equitable under the premises.

Wonder City, Philippines, May 9, 2017. Atty. Antonio B. Maayo Counsel for Plaintiff PTR No. 8884567, Wonder City, 1/2/17 IBP OR No. 688821, Wonder City, 1/2/17 Attorney’s Roll No. 11882 MCLE Compliance Certificate No. IV-0025415, Pasig City, 1/2/17

VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING I, Name of Plaintiff, of legal age, Filipino, after having been sworn, in accordance with law, hereby depose and state that: 1.

I am the Plaintiff in the above-captioned case;

2.

I have read and understood the contents hereof of this Petition for Review, and the facts herein alleged are true and correct of my own knowledge and based on available verifiable records;

3.

I heretofore have not commenced any other action or proceeding or any claim, or filed any claim involving the same issues raised in the above-captioned case, in this Honorable Supreme Court, in the Court of Appeals, nor the different Divisions thereof, nor in any other court or tribunal or agency and, to the best of my knowledge, no such other action or claim is pending therein;

4.

I hereby undertake to notify this Honorable Court of such fact within five (5) days from receipt of such knowledge, should I come to learn that the same or a similar action or claim has been filed or pending in the Supreme Court, Court of Appeals, the different Divisions thereof, or any other court or tribunal or agency;

5.

I am executing this sworn statement in compliance with Section 5, Rule 7 of the 1997 Rules of Court. Name of Plaintiff Affiant

SUBSCRIBED and SWORN TO before me this 21st day of April 2017 at _______________, Philippines, affiant exhibiting to me her SSS ID with ID No. ______________ issued by the Social Security System, as competent evidence of her identity, and she personally acknowledged to me that the foregoing “Petition” is her free and voluntary act and deed. Machine copy of this SSS ID is hereto attached.

Atty. Karmila D. Abogada Notary Public PTR No. 1234567, Iloilo City, 1/2/17 IBP OR No. 654321, Iloilo City, 1/2/17 Attorney’s Roll No. 11122 MCLE Compliance Certificate No. IV-0025415, Pasig City, 1/2/17

Doc No. _____; Page No. _____; Book No. _____; Series of 20______.