Republic of the Philippines
MUNICIPAL TRIAL COURT
Branch 5
Baguio City
JONATHAN V. RAMIL,
Plaintiff,
CIVIL CASE N0. 18-13258
For: Unlawful Detainer
v.
DOMINADOR S. MACALMA,
Defendant,
x---------------------------------------x
COMPLAINT
Plaintiff, through undersigned counsel, and this Honourable Court
alleges:
1. That the plaintiff is single, Filipino citizen and residing at #37
Lower Dagsian, Baguio City, where she may be served with court
processes, motions ad decisions while the defendant is a Filipino
citizen, married and residing at No. 89 Everlasting St., Q.M.
Subdivision, Baguio City where he may be served with summons
and court processes;
2. That plaintiff is the owner of a land over which an apartment had
been constructed, located at Bakakeng Norte, Baguio City;
3. That by virtue of a contract of lease, plaintiff leased unto the
defendant the aforesaid apartment for a consideration of Php6,500
per month as rental to be paid within the first ten days of each
month starting July 1, 2011.
4. That the defendant failed to pay the agreed rental for several
months starting from August 2012 up to the present;
5. That on December 25 , 2012, 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; (Section 1,
Rule16, par. J)
6. That despite said letter of demand which was repeated by oral
demands defendants failed and still refused to pay the agreed
amount of rentals and refused to vacate the apartment;
7. That by reason of the failure of the defendant to vacate the
premises and to pay the unpaid rentals, plaintiff was compelled to
file this complaint engaging the services of a counsel in the amount
of Php 15,000.
PRAYER
WHEREFORE, it is respectfully prayed that judgement be rendered
ordering the defendant to vacate the premises, to pay the rentals in the
amount of Php 80,500.00 and further rentals until the said defendant fully
vacates the premises and to pay the costs of the suit.
Plaintiff prays for such other remedy, as this Honourable Court may
deem just and equitable.
Baguio City, 22 August 2014.
ATTY. SHEERA LAINE V. MANZANO
Counsel for the Plaintiff
Unit 4A, 4th Floor, Pusong Baguio Building, Session Road, Baguio City
(074) 442-8989 . 09051887564
PTR No. 218158/ Baguio City
Roll of Attorney No. 4118; 3-14-12
IBP Merbership No. 1932158
Baguio-Benguet
MCLE No. III-001178, 07-27-12
Commission Serial No. 85-NC-11 (R)
TIN: 033-507-424
VERIFICATION/CERTIFICATION
I, JONATHAN V. RAMIL, of legal age, married, Filipino Citizen
and a resident of #37 Lower Dagsian, Baguio City after having been sworn
to in accordance with law, do hereby depose and say:
That I caused the preparation of the complaint in the above-entitled
case which I read and understood the contents thereof which are true and
correct to my own knowledge;
That I have not filed any similar action to the Supreme Court, Court
of Appeals or any other Court, Tribunal or Agency;
That if I should thereafter learn that a similar action or proceeding
has been filed in the Supreme Court, Court of Appeals or any other Tribunal
or Agency, I undertake to report the fact within five (5) days thereafter to
this Honorable Court.
IN WITNESS WHEREOF, I have hereunto affix my signature this
4 day of February 2008 at Candon City, Ilocos Sur, Philippines.
th
________________________
JONATHAN V. RAMIL
Affiant
SUBSCRIBED AND SWORN TO before me in the City of Baguio on this
22nd day of August, affiant exhibiting before me his Government Issued ID
No. 08061989 issued on August 6, 2012 at Baguio City.
JOSEPH P. MERCADO
Notary Public for Baguio City
Until December 31, 2015
182 Session Road, Baguio City
PTR No. 123/Baguio City/12-31-13
Roll of Atty. No. 45678
IBP Lifetime Membership No. 910
MCLE Compliance No 9876
Doc. No. 21
Page No. 4
Book No. 1
Series of 2014.
Republic of the Philippines
MUNICIPAL TRIAL COURT
Branch 2
Baguio City
ANNALIZA TEJADA,
Plaintiff,
v.
CIVIL CASE No. 5598
For: FORCIBLE ENTRY
JILLIAN BLACKERA,
Defendant.
X----------------------------------------X
C O M P L A I N T
WITH UTMOST DEFERENCE TO THE HONORABLE COURT:
Plaintiff, by and through the undersigned Counsel unto the
Honourable Court, states:
1.
Plaintiff is of legal age, Filipino, married, and a resident of #18
Valenzuela St., Salud Mitra, Baguio City;
2.
Defendant is of legal age, Filipino, and a resident Wangal, La
Trinidad, Benguet, where he may be served with Summons and
other Court Processes;
3.
Plaintiff is the owner of a parcel of land covered by Tax
Declaration No. 12345, declared under her name, and located at
#12 Maria Basa Compound, Baguio City, a copy of said Tax
Declaration is hereto attached as Annex A and made an
integral part hereof;
4.
Sometime on 02 November 2012, without the Plaintiffs
knowledge and permission, Defendant, with several persons
working under them, through stealth and strategy, entered and
fenced the aforesaid property, photographs to this effect are
hereto attached as Annex B and made an integral part hereof;
5.
Immediately upon learning of the Defendants act, Plaintiff
proceeded to the aforesaid property and confronted the
Defendant and their workers, however, Defendant ignored the
Plaintiff;
6.
Thereafter, Plaintiff sought the assistance of Punong Barangay
Benny B. Dangpayan, but the same was futile because no
settlement was reached in said forum, thus, a certificate to file
action was issued, a copy of which is hereto attached as Annex
C and made an integral part hereof;
7.
Up to the present time, Defendant and their workers are
continuously constructing the fence on the aforesaid property
against the will of the Plaintiff, in blatant violation of the right
of the Plaintiff;
8.
The aforesaid act of the Defendant, if not restrained, would
work injustice to the
Plaintiff;
9.
The Plaintiff hereby applies for a Writ of Preliminary Injunction
to restrain the Defendant from the act herein complained of,
and for this purpose hereby offers a bond in such sum as this
Honourable Court may fix;
10.
As a consequence of Defendants malicious act and wrongful
deed as heretofore described, plaintiff suffered and will
continue to suffer sleepless nights, serious anxiety, wounded
feelings and grave moral shock for which she should be
compensated moral damages in the amount of P 50,000.00;
11.
In order to deter Defendant and other persons from their ilk in
performing similar malicious acts, Defendant should be
assessed the amount of P 50,000.00 as and by way of
exemplary damages;
12.
And finally, in filing this action in order to seek redress for
her grievances and recover damages, plaintiff was compelled to
engage the services of the undersigned Counsel for an agreed
fee of P 20,000.00 as and by way of acceptance fee plus the sum
of P1,500.00 as and by way of appearance fee for each
attendance in court during trial.
PRAYER
WHEREFORE, it is most respectfully prayed of this
Honourable Court that:
a. After due notice and hearing, a Preliminary Injunction be
issued forthwith to restrain Defendant from doing the act
herein complained of; namely, the fencing of the Plaintiffs
aforementioned property; and that after trial, said injunction be
made permanent;
b.
After trial, judgment be rendered in favor of the Plaintiff
ordering Defendant to pay the Plaintiff:
The amount of P 50,000.00 as and by way of moral damages;
The amount of P 50,000.00 as and by way of exemplary
damages;
The amount of P 20,000.00 as and by way of attorneys fees,
plus the amount of P1,500.00 per attendance in Court as and by
way of appearance fees;
c.
Costs.
d.
Other reliefs, just and equitable under the premises, are likewise
prayed for.
Respectfully submitted this 21st day of January 2013, in the City of
Baguio.
ATTY. SHEERA LAINE V. MANZANO
Counsel for the Plaintiff
Unit 4A, 4th Floor, Pusong Baguio Building, Session Road, Baguio City
(074) 442-8989 . 09051887564
PTR No. 218158/ Baguio City
Roll of Attorney No. 4118; 3-14-12
IBP Merbership No. 1932158
Baguio-Benguet
MCLE No. III-001178, 07-27-12
Commission Serial No. 85-NC-11 (R)
TIN: 033-507-424
VERIFICATION/CERTIFICATION
I, ANNALIZA TEJADA, of legal age, married, Filipino Citizen and a
resident of #18 Valenzuela St., Salud Mitra, Baguio City after having been
sworn to in accordance with law, do hereby depose and say:
That I caused the preparation of the complaint in the above-entitled
case which I read and understood the contents thereof which are true and
correct to my own knowledge;
That I have not filed any similar action to the Supreme Court, Court
of Appeals or any other Court, Tribunal or Agency;
That if I should thereafter learn that a similar action or proceeding
has been filed in the Supreme Court, Court of Appeals or any other Tribunal
or Agency, I undertake to report the fact within five (5) days thereafter to
this Honorable Court.
IN WITNESS WHEREOF, I have hereunto affix my signature this
22th day of August 2014 at Baguio City, Philippines.
________________________
ANNALIZA G. TEJADA
Affiant
SUBSCRIBED AND SWORN TO before me in the City of Baguio on this
22nd day of August, affiant exhibiting before me his Government Issued ID
No. 08061989 issued on August 6, 2012 at Baguio City.
JOEY B. HIDALGO
Notary Public for Baguio City
Until December 31, 2015
182 Session Road, Baguio City
PTR No. 123/Baguio City/12-31-13
Roll of Atty. No. 45678
IBP Lifetime Membership No. 910
MCLE Compliance No 9876
Doc. No. 21
Page No. 4
Book No. 1
Series of 2014.
