REPUBLIC OF THE PHILIPPINES National Capital Region City of MANILA

MUNICIPAL TRIAL COURT Branch No. _____

MARIA S. DALUZ Plaintiff -------- versus--------Pedro P. Palma Defendant x------------------------x Civil Case No. _________ For: Ejectment

COMPLAINT
FACTS and ISSUES

COMES NOW the plaintiff by the undersigned attorney, and unto this Honorable Court, respectfully alleges: 1. That the plaintiff is of age, and a resident of #15 44th St., Brgy. South Forbes, Makati City; while defendant is also of age, with residence and post office address at 1028 Ibarra St., Sampaloc, Manila;

2. That the plaintiff is the absolute owner of that property located at 1028 Ibarra St., Sampaloc, Manila, as stated in Transfer Certificate of Title No. 12345 as

per legal acquisition form the National Housing Authority and now occupied by the defendant;

3. The defendant has been occupying the property and has refused to heed to the repeated demands of the plaintiff to vacate for the past seven (7) years, and as such, has led to the denial of the plaintiffs right to enjoy, use and occupy the said property as her rightful ownership. The last demand has been made on the defendant, personally, and in writing on August 12, 2010 or more than five days before the filing of this complaint.

PRAYER

WHEREFORE, it is respectfully prayed that, after due hearing, judgment be rendered in favor of the plaintiff for restitution of the above-mentioned premises.

IN WITNESS WHEREOF, this 7th day of July, 2011.

(Signed) Atty. Lani D. Mapacali Mapacali, Mapalagay, & Associates 1820 Wainwright Ave., Manila 1006

SUBSCRIBED and sworn to before me, in the city of MANILA, this 7th day of July, 2011, by Maria S. Daluz with Tax Identification Number 235-005-651 issued at the city of MAKATI on April 17, 1980.

(Signed) Atty. Lani D. Mapacali Notary Public Not. Reg.No. 678910 Exp. December 31, 2011 PTR No.070613 MCLE No. 54321-A

Doc. No. 25 Page No. 5 Book No. 10 Series of 2011

REPUBLIC OF THE PHILIPPINES ) NATIONAL CAPITAL REGION ) CITY OF MANILA )

SS

Maria S. Daluz, after having been sworn in accordance with law, deposes and says: That she is the plaintiff in the above-entitled case; that she has caused the abovecomplaint to be prepared and has read and knows the contents thereof; that the allegations therein are true of her own knowledge.

(Signed) Maria S. Daluz

ATTACHMENTS
Demand Letter 1

September 23, 2003

Mr. Pedro Palma 1028 Ibarra St., Sampaloc, Manila

Dear Mr. Palma:

This is to inform that I wish to assert my rights over my legally acquired property, through the National Housing Authority, which you are presently occupying, located at 1028 Ibarra St., Sampaloc, Manila. I have the title to that piece of property and I am asking you to vacate the premises within fifteen (15) days upon receipt of this letter, as I am the rightful owner thereof and I intend to make use of it.

Very truly yours,

(Signed) Ms. Maria Daluz #15 44th St., Brgy. South Forbes, Makati City

Received by: (Signed) Pedro P. Palma 10/01/2003

Demand Letter 2

August 12, 2010

Mr. Pedro Palma 1028 Ibarra St., Sampaloc, Manila

Dear Mr. Palma:

My services as counsel have been retained by Ms. Maria Daluz relative to your refusal to vacate her property, which you are occupying as of date. I have also been informed by my client that it has been almost seven (7) years since you received a letter from her (dated September 23, 2003) and you have failed answer and have failed to vacate and still refuse to vacate the premises of said property much to my clients disdain.

Consider this then, as a last and final demand for you to comply and to VACATE the premises within ten (10) days from receipt of this notice. Otherwise, I shall be constrained to commence suit to protect my clients interests.

Very truly yours, (Signed) Atty. Lani D. Mapacali Mapacali, Mapalagay, & Associates 1820 Wainwright Ave., Manila 1006

Received by: (Signed) Petrushka Palma 08/17/2010

Republic of the Philippines

City of Manila Barangay 156, Zone 11, District I
Mario Desperado Barangay Captain

___________________________________________________________________

CERTIFICATE TO FILE ACTION

This is to certify that complainant MARIA DALUZ and defendant PEDRO PALMA underwent barangay conciliation in this office. There were several meetings held to amicably settle the issue on PAG-AARI NG LUPA, however, no agreement was reached by the parties except to elevate the matter to court.

This certificate is issued on OCTOBER 23, 2010 upon the complainants request as a condition precedent for the filing of action in court.

(Signed):

MARIO DESPERADO
PRESIDING OFFICER