Republic of the Philippines
FIFTH JUDICIAL REGION
Municipal Circuit Trial Court
Branch 2 (Bacacay-Malilipot)
Bacacay, Albay
NARCISO M. ESOLAS, Civil Case No. 81290
Plaintiff
FOR : UNLAWFUL DETAINER
- versus -
DREXTER B. ERMAS,
Defendant
x -------‐-------------------- x
COMPLAINT FOR EJECTMENT
FACTUAL NARRATION
Plaintiff through the undersigned counsel unto this Honorable Court
hereby respectfully states:
1. That Plaintiff is of legal age, Filipino, married, and a resident of P-2
Baclayon, Bacacay, Albay, Philippines. While the Defendant is also of
legal age, single, Filipino and a resident of No.2687, Purok-5 Gubat
Iraya, Bacacay, Albay, Philippines where summons and court processes
may be served.
2. That Plaintiff is the registered owner of a house and lot located at No.
1287, Purok-5 Gubat Iraya, Bacacay, Albay and covered by Transfer
Certificate of Title (TC) No. 120806 (Annex A) of the Registry of
Deeds of Albay Province.
3. That on April 4, 2022, plaintiff and defendant entered into a Contract
of Lease (Annex B) over the above-mentioned property owned by the
plaintiff for a period of two (2) years commencing April 10, 2022
ending April 10, 2024 at the agreed rental rate of fifteen thousand
(Php15,000.00) per month, payable on or before the 15 th day of every
month, that in the event that the defendant fails to pay the lease two
(2) consecutive months, he is ordered to vacate the house and lot.
4. That Defendant then occupied the property and paid the
corresponding advance rental and deposit stipulated in the Contract of
Lease.
5. That starting November 24, 2023, and up to the filing of this
complaint, the defendant failed to pay the stipulated rental without
any valid or justifiable reason.
6. That plaintiff then demanded, through his lawyer, that the defendant
vacates the premises and pay the rental arrears. Plaintiff sent a final
demand letter to defendant on January 25, 2024 (Annex C).
7. That Plaintiff likewise initiated proceedings before the Lupong
Tagapamayapa of the place where the property is located, however the
defendant refused to show up in the proceedings prompting the Lupon
to issue a Certificate to File Action. (Annex D).
8. That because of the defendant’s unjustified refusal to pay the rental
arrears and vacate the subject property despite repeated demands to do
so, the plaintiff was compelled to litigate, and for the purpose,
engaged the services of the undersigned lawyer for a fee of
Php20,000.00 for which the defendant should be held liable, including
the costs of suit.
CAUSE OF ACTION
9. Under Section 1 of Rule 70 of the Rules of Court, the plaintiff, as
lessor of the subject property, has been deprived by the defendant of
the said property, unlawfully detaining the same, has the right to bring
an action for Unlawful Detainer. The same rule provides that this
Honorable Court has jurisdiction of the said complaint.
10. Under Section 2, Rule 70 of the Rules of Court, the plaintiff shall
have given first the defendant a demand letter and the latter has failed
to comply before Unlawful Detainer Case be filed.
11. The Supreme Court in Fuente v. Estomo, stated that for an Unlawful
Detainer case to prosper the following requisites shall concur:
1. Initially the possession of the property by the defendant was by
contract with or by tolerance of the plaintiff;
2. Eventually such possession became illegal upon notice by the
plaintiff to the defendant about the termination of the latter’s
right of possession.
3. Thereafter, the defendant remained in possession of the
property and deprived the plaintiff of its enjoyment; and
4. Within one year from the making of the last demand to vacate
the property on the defendant, the plaintiff instituted the
complaint for ejectment.
12. The requisites for a valid cause of action for unlawful detainer are
present in this case, to wit:
1. The defendant initially held the property legally, by virtue of a
contract of lease executed by the plaintiff.
2. Defendant’s possession became illegal because by virtue of the
terms of the lease contract, the failure of the defendant to pay
thr monthly rentals for two consecutive months would give the
plaintiff the power to ask the defendant to vacate the property
being leased.
3. Despite the repeated demands of the plaintiff , defendant still
failed to vacate and up this day refuses to vacate, depriving the
plaintiff to exercise the powers of dominion over the property
and making it available for rent to others.
4. The last demand letter given by the plaintiff was sent on
January 25, 2024. Nine (9) months have passed before filing of
this complaint, hence it is within the period prescribed by law.
PRAYER
WHEREFORE, it is most respectfully prayed for of this Honorable
Court after due notice and hearing, judgment be rendered in favor of plaintiff and
against this defendant in this manner:
1. Ordering the defendant and all persons claiming rights under him to
VACATE the house and lot located at No. 1287, Purok-5 Gubat Iraya,
Bacacay, Albay.
2. Ordering the defendant to PAY the plaintiff the rental arrears at
Php15,000.00 per month from November 2023, until the subject
property is vacated.
3. Ordering the defendants to pay the plaintiff the amount of
Php20,000.00 for attorney’s fees as well as the costs of the suit.
Plaintiff likewise prays for such other and further reliefs as this Honorable
Court may just deem and equitable in the premises.
Bacacay, Albay, Philippines, October 27, 2024.
ATTY. CHRISTIAN IVAN B. BARIA
My Commission No. is 26
Expires on December 31, 2024
Baria Law Office, P-2
Baclayon, Bacacay, Albay
Roll of Attorneys No. 033114
PTR NO. 654321, 01/14/2023,
Bacacay, Albay
IBP NO. 123456, 01/10/2023
MCLE Comp. No. V-1234567
