Republic of the Philippines

_______JUDICIAL REGION
MUNICIPAL TRIAL COURT
___________

_____________________
Plaintiff,

Civil Case No. _________

- versus - For: Ejectment (Unlawful Detainer)
With Damages

_______________________,
Defendants.
x- - - - - - - - - - - - - - - - - - - - - - - x

COMPLAINT

PLAINTIFF, by and through the undersigned counsel, and unto this

Honorable Court, most respectfully avers that:

1) Plaintiff __________________ is of legal age, married, Filipino and

a resident of _____________________, in which address he may be
served with summons and other judicial processes;

2) Defendant ____________________ is of legal age, widow, Filipino

and presently residing at ______________________ in which address
the defendant may be served with summons and other judicial
processes;

3) Plaintiff is the owner of parcel of land with an area of ______ square

meters situated at _________________________ covered by
Katibayan ng Orihinal na Titulo Blg. ________________ registered in
his name. Copy of the Katibayan ng Orihinal na Titulo Blg.
_______________ is hereto attached as Annex “A”;

4) That the said land is assessed for taxation purposes in the amount of
______________ as evidenced by a copy of Tax Declaration of Real
Property. Copy of the Tax Declaration over the property is hereto
attached as Annex “B”;

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5) Plaintiff had been paying the real property taxes on the said land as
evidenced by Tax Receipt issued by the _________________. Copy
of Tax Receipt over the property issued by the Municipal Treasurer of
_______________ is hereto attached as Annex “C”;

6) Sometime in ___________, the plaintiff and the defendant entered

into an agreement that the defendant will peacefully vacate the land
covered by Katibayan ng Orihinal na Titulo Blg. ___________after
harvesting the crops on or before November 2014 and that no person
other than the plaintiff shall occupy and possess the subject land;

7) Said agreement was reduced into writing through the KASUNDUAN

dated __________ in presence Barangay Kagawads
________________of Barangay ______________. Copy of the
KASUNDUAN is hereto attached as Annex “___”;

8) After the expiration of the period agreed upon by the parties, the
Plaintiff made several oral demands to the defendant to vacate the
property, but despite repeated oral demands and pleas, the defendant
kept on possessing the subject property;

9) Plaintiff then sent a written demand letter to the Defendant to vacate

the subject property and to surrender the possession thereof to the
Plaintiff, however, the Demand Letters were returned with the notation
“RTS house is closed/no one to receive”. Copy of the envelop
containing the demand letter is hereto attached as Annex “___”, the
notation “RTS house is closed no one to receive” is hereto attached as
Annex “___” and the date of the attempts made by the Postal Service
to serve the Demand Letter is hereto attached as Annex “____”;

10) The plaintiff then caused the Demand Letter to be served

PERSONALLY to the defendant, which the defendant personally
received but refused to affix her signature signifying that she receive
letter, hence causing the deliverer to execute and Affidavit of Service.
Copy of the Affidavit of Service is hereto attached as Annex “____”;

11) Since the Defendant did not comply with the agreement in the
KASUNDUAN and disregarded the Plaintiff’s oral and written
demands, the Plaintiff brought the matter before the Lupong
Tagapamayapa of Barangay ______________ for purposes of
conciliation proceedings but no settlement was reached between the
parties because of Defendant’s adamant refusal to conciliate and vacate

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 the subject property. Copy of Certificate to File Action from Barangay
________________ is hereto attached as Annex “___”;

12) The plaintiff is now in need of the said being occupied by the
defendant and he is the one paying the taxes on the land while the
defendant is continuously enjoying its use, and because of the
unjustified refusal of the defendant to vacate the said, the herein
Plaintiff was constrained to institute the instant complaint;

13) By reason of the unjustified refusal of the herein Defendant to vacate

the subject property, Plaintiff suffered sleepless nights, serious anxiety
and other similar wounded feelings to which the Defendant should be
assessed to pay moral damages in the amount of _____________;

14) Likewise, in order to serve as an example to those who are inclined to

commit the unlawful acts of the Defendant, she should be assessed by
way of exemplary damages in the amount __________;

15) The Plaintiff was likewise constrained to litigate and secure the
services of the herein counsel with the agreed amount of
______________ as acceptance fee and _________ per court
appearance;

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of

this Honorable Court that judgment be rendered against the Defendant and
all or any party claiming rights from them and ordering them to:

1. Vacate the subject property that she is unlawfully occupying and to

surrender the possession thereof to the Plaintiff ;

2. Pay the Plaintiff the moral damages _________, exemplary

damages in the amount of _______ and attorney’s fees in the
amount of _________ as acceptance fee and _________ per court
appearance;

3. Pay the Plaintiff the cost of the suit.

Other reliefs, just and equitable under the premises are likewise
prayed for.

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___________, ____________________.

_________________
Counsel for Petitioner

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