REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES

Second Judicial Region
Branch 1
Tuguegarao City

LOUVENEDICK ALMACHAR,
LENIE DELA CRUZ,
ELWINA AQUINO,
MA. VANESSA TAGUINOD,
LYKA CHUA,
PERCIVAL BRUNO,
SILVESTRE ZALUN,
ELLAINE GALURA,
PAUL MORA,
KRISTY BALUBAL,
RICHELLE GRACE UMIPIG,
RICKY JAMES SUYU,
GERARD ABRIGO,

Plaintiffs,
Civil Case No. 0001
-versus-
For: Unlawful Detainer
MAY AQUINO,
DEXTER BARGADO,
RHEA CABRERA,
RHODA CARONAN,
PAULINE RUTH BATTUNG,
VALERIE CONSTANTINO,
MARJORIE CABADDU,
JOVANNA MARIZ DELA
ROSA,
JENIFER GAMMAD,
ANGIE GUMARU,
HAZEL JOY SALUDARES,
NICOLAS ANDREW
MAGLEO,
NEIL JOHN CALLANGAN,
POLICARPIO,

Defendants.

X--------------------------------------------------------X

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 COMPLAINT
Plaintiffs, through counsel, most respectfully aver THAT:
1. The plaintiffs are all of legal ages, Filipinos, and, for the
purposes of this action, may be served with Court Orders
and other processes of this Honorable Court at 104
Bonifacio Street, Barangay Centro 01, Tuguegarao City,
Cagayan.

2. The defendants are all of legal ages, Filipinos, and, for

purposes of this action, may be served with summons and
other processes of this Honorable Court at 89-A Bagay
Road, Tuguegarao, City, Cagayan.

3. The plaintiffs are the owners of a land in which a two-

storey apartment building had been constructed,
located at 104 Bonifacio Street, Barangay Centro 01,
Tuguegarao City, Cagayan.

4. By virtue of a contract of lease, the plaintiffs leased unto

the defendants the aforesaid apartment for a
consideration of P9,000 a month as rental to be paid
within the first ten (10) days of each month starting April 1,
2016. Upon non-payment of monthly rental this contract is
automatically terminated;

5. The defendants failed to pay the agreed rental for several

months starting December 11, 2017 up to the present;

6. However, because of the owners’ good heart and

familiarity with the defendants, plaintiffs, permitted the
defendants to stay until they have the money to pay their
rental fees;

7. Defendants, up to date, failed to pay any single amount

to the plaintiffs to settle their arrears despite oral demands
from the plaintiffs.

8. On May 19, 2018, plaintiffs, through their counsel,

demanded the defendants to peacefully vacate the
property within ten (10) days from receipt of the demand

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 letter1 which was sent through LBC and was received by
the defendants.

9. However, defendants, despite receipt of the demand

letter, still continued occupying the property which
prompted plaintiffs to file an action before the Lupong
Tagapamayapa of Barangay Centro 01, Tuguegarao City,
Cagayan last June 10, 2018. However, defendants did not
appear on the date of the conference. Thus, on the same
date, June 10, 2018, the Barangay issued plaintiffs a
Certification to File Action2.
10. Due to the unjust refusal of the defendants to vacate the
property, Plaintiffs were constrained to endorse the said
matter to their lawyer for the filing of an appropriate
action in court for a fee of Fifty Thousand Pesos (Php
50,000.00) and the amount of Three Thousand Pesos (Php
3,000.00) per appearance in court hearing.
11. This action is being filed within the period of one (1) year
from the final demand on Defendants to vacate the said
property.

WHEREFORE, premises considered, it is most respectfully

prayed that, after hearing, judgment be rendered in Plaintiffs
favor ordering the Defendants:
1. To vacate the subject premises;
2. To pay the sum of P9,000 per month as compensation
for the reasonable use of the subject premises until they
finally vacate the said premises;
3. To pay the plaintiff the cost of the suit.
Tuguegarao City. August 1, 2018.

GROUP 4 LAW OFFICE

Counsel for the Plaintiffs
Unit 324, Lighthouse Tower
Luna Street, Tuguegarao City, Cagayan

By:
Atty. CYRUS I. RESTAURO

1
Copy of the Demand Letter dated May 19, 2015 is attached hereto as Annex “A”
2
Copy of the Certification to File Action is attached hereto as Annex “B”

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 Roll of Attorney No. 98421
IBP No. 98765/8-15-11/Cagayan
PTR No. 12345/7-22-10/Cagayan

VERIFICATION/CERTIFICATION OF FORUM SHOPPING

Republic of the Philippines )
Tuguegarao City ) S.S.

We, LOUVENEDICK ALMACHAR, LENIE DELA CRUZ,

ELWINA AQUINO, VANESA TAGUINOD, LYKA CHUA, PERCIVAL
BRUNO, SILVESTRE ZALUN, ELLAINE GALURA, PAUL MORA,
KRISTY BALUBAL, RICHELLE GRACE UMIPIG, RICKY JAMES
SUYU, of legal ages, Filipinos, and residents of 104 Bonifacio
Street, Barangay Centro 01, Tuguegarao City, Cagayan
after having been duly sworn to in accordance with law do
hereby depose and say:
1. That we are the plaintiffs in the above-entitled
case;
2. That we have caused the preparation of the
foregoing complaint and have read the
allegations contained therein;
3. That the allegations in the said complaint are true
and correct of our own knowledge and authentic
records;
4. That we hereby certify that we have not
commenced any other action of proceeding
involving the same issues in any court, tribunal or
quasi-judicial agency and, to the best of our
knowledge, no such other action or claim is
pending therein;
5. That if we should learn thereafter that a similar
action or proceeding has been filed or is pending,
we 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. We 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.
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 IN WINESS WHEREOF, we have hereunto affixed
our signatures this 1st day of August, 2018, in
Tuguegarao City.

LOUVENEDICK ALMACHAR

LENIE DELA CRUZ

ELWINA AQUINO

VANESA TAGUINOD

LYKA CHUA

PERCIVAL BRUNO

SILVESTRE ZALUN

ELLAINE GALURA,

PAUL MORA

KRISTY BALUBAL

RICHELLE GRACE UMIPIG

RICKY JAMES SUYU

SUBSCRIBED AND SWORN to before me this 1st day of

August, 2018, in Tuguegarao City, affiants exhibiting to me their
competent proofs of their identities at the Tuguegarao City.

Atty. MANNY CASE

Notary Public
My Commission Expires Dec. 31, 2018
Roll of Attorney No. 56342
IBP No. 43212/9-18-17/Cagayan
PTR No. 94216/2-18-17/Cagayan
Doc. No. ____

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Page No. ____
Book No. ____
Series of 2018

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