REPUBLIC OF THE PHILIPPINES
METROPOLITAN TRIAL COURT
Molo CITY
Branch 23
John Mabanta,
Plaintiff.
-versus-
CIVIL CASE NO. 7723-19
For: Unlawful Detainer
Brandon Dela Cruz,
Defendant.
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COMPLAINT
The plaintiff, through the undersigned counsel and to this Honorable
Court, respectfully avers:
1. That plaintiff, JOHN MABANTA, is of legal age, Filipino citizen,
married, with residence and postal address at 888 Onyx St., VML
Subdivision, North fundidor, Molo City.
2. That defendant is BRANDON DE LA CRUZ, of legal age, Filipino
citizen, single, with residence and postal address at 369 Opal St.,
Brgy. San Agustin, MOLO City, where he may be served with
summons and other Court processes;
3. The plaintiff is the owner of a land over which an apartment had
been constructed located 258 San Juan Street, MOLO City
4. By virtue of a contract of lease, the plaintiff leased unto the
defendant the aforesaid apartment for a consideration of P5,000.00
a month as rental to be paid within the first ten (10) days of each
month starting January 3, 2015 attached as Annex “A”;
5. The defendant failed to pay the agreed rental for several months
starting September 19, 2015 up to the present;
6. On November 3, 2015, the plaintiff sent a letter of demand to vacate
the apartment which was received by the defendant as shown in
the registry return receipt hereto attached as Annex “B”;
7. Despite said letter of demand which was repeated by oral demands,
the defendant failed and still refused to pay the agreed amount of
rentals and to vacate the apartment;
8. By reason of failure of the defendant to vacate the premises and to
pay the unpaid rentals, the plaintiff was compelled to file this
complaint engaging the services of counsel in the amount of
P25,000.00.
WHEREFORE, premises considered, it is most respectfully prayed unto
this Honorable Court that, after hearing, judgment be rendered
ordering the defendant:
a. To vacate the subject premises;
b. To pay the amount of P5,000.00 per month as compensation for the
reasonable use of the subject premises until they finally vacate the
said premises;
c. To pay the plaintiff the cost of the suit.
MOLO City, January 30, 2016.
ATTY. MAGANDA P. TALAGA
Roll of Attorney No. 11235
PTR No. 15968566 issued on 1/06/2012
IBP Lifetime Membership Number, 635095 issued at MOLO
City
MCLE Compliance No. V-0010023 Issued 09/26/2014
VERIFICATION AND CERTIFICATION OF
NON-FORUM SHOPPING
Republic of the Philippines )
City of Iloilo
) S.S.
I, JOHN MABANTA, of legal age, Filipino citizen, single and resident
of 888 Onyx St., VML Subdivision, North fundidor, Molo City after having
been duly sworn to in accordance with law do hereby depose and say:
1. That I am the plaintiff in the above-entitled case;
2. That I have caused the preparation of the foregoing complaint and
have read the allegations contained therein;
3. The allegations in the complaint are true and correct of my own
knowledge and authentic records;
4. I hereby certify that I have not commenced any other action or
proceeding involving the same issues in any court, tribunal or quasijudicial agency and, to the best of my knowledge, no such other
action or claim is pending therein;
5. If I should learn thereafter that a similar action or proceeding has
been filed or is pending, I hereby undertake to report that fact
within five (5) days therefrom to the court or agency where the
original pleading and sworn certification contemplated herein have
been filed;
6. I executed this verification/certification to attest to the truth of the
foregoing facts and to comply with the provisions of Adm. Circular
No. 04-94 of the Honorable Supreme Court.
IN WITNESS WHEREOF, I have hereunto affixed my signature on this
30th of January 2016, in the City of Molo.
JOHN MABANTA
SUBSCRIBED AND SWORN to before me this 30th day of January,
2016, in the City of Molo, affiant exhibiting to me his TIN 1234-1244-11
issued on the 28th day of March 2011 at Molo City, Philippines.
ATTY. JUAN P. RAMON
Notary Public
Until December 31, 2015
PTR No. 1234555
IBP No. 58637
Roll No. 123456
MCLE Compliance No. 0001