COMPLAINT

COMES NOW the Plaintiff, by undersigned counsel, and unto this

Honorable Court, most respectfully alleges that:

1. Plaintiff is of legal age, Filipino, (single / married / widow), and a

resident of _____________, Philippines. For purposes of this action,
Plaintiff may be served with copies of our notices and orders of the
Honorable Court at the office address of the undersigned counsel
indicated below;
2. Defendant is also of legal age, Filipino, and for purposes of this
action, he may be served with summons and other processes of this
Honorable Court at his residence and post-office address at
_____________, Philippines;
3. Plaintiff is the true and registered owner of a certain parcel of land
situated in _____________, Philippines, consisting of
approximately _____________ (_____) square meters, and
identified as Lot ________ and covered by Transfer Certificate of
Title No. _____________ of the Registry of Deeds of
_____________; Machine copy of said Transfer Certificate of Title
No. _____________ is attached hereto as ANNEX "B";
4. That sometime in _____________, Defendant and his family began
to be in possession of the said property, not by virtue of any title or
contract, but merely upon the Plaintiff's tolerance, as he had no
immediate need of the said property at that time;
5. That on _____________, Plaintiff demanded that Defendant vacate
and return the possession of the said parcel of land to the herein
Plaintiff, but despite numerous demands for him and his family to
vacate, Defendant has remained in illegal possession of the said land
and, up to the present, still retain such possession. Machine copy of
the said demand letter is attached hereto as ANNEX "C";
6. While possession by tolerance is lawful, such possession becomes
illegal upon demand to vacate is made by the owner and the
possessor by tolerance refuses to comply with such demand (Prieto
vs. Reyes, 14 SCRA 432; Yu vs. De Lara, 6 SCRA 786, 788; Isidro
vs. Court of Appeals, G.R. No. 105586, December 15, 1993);
7. A person who occupies the land of another at the latter's tolerance
or permission, without any contract between them, is necessarily
bound by an implied promise that he will vacate upon demand (Yu
vs. De Lara, supra, cited in Sumulong vs. Court of Appeals, G.R.
No. 108817, May 10, 1994);
8. That the reasonable rental value of the said land is
__________________________ (P___________) per month;
9. That due to the unjust refusal of the Defendant to vacate and to
return the said land to the Plaintiff, the latter was constrained to
endorse the said matter to its legal counsel for the filing of an
appropriate action in court for a fee of P_____________ and the
amount of P__________ per court hearing;
 10.That this action is being filed within a period of one (1) year from
the demand on Defendant to vacate the said property.

ALLEGATIONS IN SUPPORT OF THE PRAYER FOR

ISSUANCE
OF A WRIT OF PRELIMINARY MANDATORY
INJUNCTION

11.Plaintiff repleads by reference all of the foregoing allegations as

may be material and relevant under this heading;
12.Defendant's continued illegal occupation of the said parcel of land
and refusal to vacate the same and to peacefully surrender
possession thereof to herein Plaintiff is working grave injustice and
causing damage to the latter;
13.Plaintiff is entitled to the reliefs demanded, and the whole or part
of such relief consists in the immediate delivery and surrender by
the defendants of possession of the land to the Plaintiff;
14.In the event that a writ of preliminary mandatory injunction is
granted to Plaintiff, she is ready, willing and able to post a bond to
answer for all damages Defendant may sustain by reason of said
injunction if the court should finally decide that Plaintiff is not
entitled thereto.
PRAYER

WHEREFORE, it is most respectfully prayed that, after due hearing,

judgment be rendered in favor of the plaintiffs:
a) Ordering the Defendant, his family, successors, assigns and all
persons acting under him, to vacate Lot _____________ that is
covered by Transfer Certificate of Title No. _____________ of the
Registry of Deeds for the Province of _____________ and to
peacefully turn over the possession thereof to the Plaintiff;
b) Ordering Defendant to pay Plaintiff monthly rental at the rate of
P_____________ per month from the time of the filing of this action
to the time possession is returned to the Plaintiff;
c) Ordering Defendant to pay Attorney's Fees in the amount of
P_____________ and P___________ per court hearing and to pay
cost of suit;
d) That pending the outcome of the instant case, a writ of preliminary
mandatory injunction be immediately issued ordering the
Defendant, his family, successors, assigns and all persons acting
under him, to immediately vacate the said parcel of land and return
possession of the same to the Plaintiff.
Other reliefs just and equitable under the premises are likewise prayed
for.
Date _____________, Philippines, __Date__.

(COUNSEL)
 (VERIFICATION)

(CERTIFICATION OF NON-FORUM SHOPPING

AFFIDAVIT OF MERIT

I, _____________, of legal age, Filipino, (single / married / widow),

and a resident of _____________, Philippines, after being sworn to in
accordance with law, depose and state:

1. That I am the plaintiff in the above-captioned case filed against

_____________ before the Municipal Trial Court of _____________,
Philippines;

2. That I am the true and registered owner of a certain parcel of land

situated in _____________, identified as Lot ________ and covered
by Transfer Certificate of Title No. _____________ of the Registry
of Deeds for the Province of Negros Occidental;

3. That since _____________, Defendant _____________ and his

family began to be in possession of the said property upon my mere
tolerance, as I had no immediate need of the said property at that
time;

4. That sometime in _____________, I demanded from the Defendant

that he and his family vacate and return the possession of the said
property, but despite numerous demands for him to vacate, the
Defendant has remained in illegal possession of the said land and,
up to the present, still retain such possession;

5. That the reasonable rental value of the said land is

__________________________ (P___________) per month;

6. That Defendant's continued illegal occupation of the property and

refusal to vacate the same and to peacefully surrender possession
thereof is working grave injustice and causing damage to the
undersigned;

7. That I am entitled to the reliefs demanded in my complaint, and the

whole or part of such relief consists in the immediate delivery and
surrender by the Defendant of possession of the land to the
undersigned;

8. That in the event that I am granted a writ of preliminary mandatory

injunction, I am ready, willing and able to post a bond to answer for
 all damages that the Defendant may sustain by reason of said
injunction if the court should finally decide that I am not entitled
thereto.

IN WITNESS WHEREOF, I have hereunto set my hand this

_____________ in the _____________, Philippines.

AFFIANT

(JURAT)