REPUBLIC OF THE PHILIPPINES

THIRD JUDICIAL REGION

MUNICIPAL TRIAL COURT
Baliuag, Bulacan

COMMUNITIES BULACAN, INC.

(formerly, Crown Communities (Bulacan), Inc.)
Plaintif,

-versus- Civil Case No. ___________

For: Unlawful Detainer

MR. ELVIN JOSEPH PANGANIBAN

and anyone claiming rights under him.
Defendant.

x--------------------------------------------x

COMPLAINT

Plaintif, through counsel, to this Honorable Court most

respectfully alleges, THAT -

1. Plaintiff is a corporation duly organized and existing

under and by virtue of the laws of the Republic of the

Philippines, with business office at Prominenza Sales Office, DRT

Highway, Pinagbarilan, Baliuag, Bulacan, represented herein by

its Admin Head, Deborah D. Eria; a machine copy of the

Secretary’s Certificate authorizing the latter to represent the

corporation is hereto attached as Annex “A” and made an

integral part hereof;

2. Defendant is of legal age, Filipino, with residence and

postal address at Block 12, Lot 7, Prominenza Subdivision, DRT

Highway, Pinagbarilan, Baliuag, Bulacan, where he may be

served with summons and other processes of this Honorable

Court;

3. Plaintiff is the absolute and legal owner of a parcel of

land with a residential house thereon located at Block 12, Lot 7,

Prominenza Subdivision, DRT Highway, Pinagbarilan, Baliuag,

Bulacan, (the “Property”); a machine copy of Transfer Certificate

of Title No. T-300099 covering the Property is hereto attached as

Annex “B” and made an integral part of this complaint;

4. Plaintiff entered into a Contract to Sell with the

defendant whereby the former agreed to sell to the latter the

Property for a total consideration of Pesos: One Million Six

Hundred Eighty Thousand Three Hundred and 00/100 (Php

1,680,300.00). Of the total consideration, Three Hundred Thirty

Six Thousand Sixty Six Pesos (P336,066.00) was paid as down

payment, and the remaining balance was to be paid in

installment according to the terms and conditions of the

Contract to Sell, a machine copy of which is hereto attached as

Annex “C” and made an integral part of this complaint;

5. By virtue of the said Contract to Sell, the defendant

immediately took possession of the Property and he is still in

possession of the same up to the present time;

6. After the execution of the Contract to Sell, the defendant

made few installment payments. However, defendant failed to

pay the subsequent installments. A machine copy of the

statement of total obligations of defendant as of 29 July 2011

when the last demand letter was sent, is hereto attached as

Annex “D” and made an integral part of this complaint;

7. Defendant failed, refused and continuously fails and

refuses to pay the monthly installment, despite several written

and verbal notices for him to do so, leaving plaintiff herein with

no recourse but to cancel the said Contract to Sell through the

Notice of Delinquency and Cancellation of Contract to Sell dated

17 May 2011, and received by defendant. A machine copy of the

said Notice of Delinquency and Cancellation of Contract to Sell

is hereto attached as Annex “E” and made an integral part of

this complaint;

8. Despite the cancellation of the said Contract to Sell,

defendant refused to vacate the Property and in fact, is still in

possession of the same up to the present time, notwithstanding

repeated demands upon him to vacate the same, the latest of

which was the demand made in the letter dated 29 July 2011,

and received by defendant. A machine copy of the said letter is

hereto attached as Annex “F” and made an integral part of this

complaint;

9. As a consequence of defendant’s unjustified refusal to

vacate the Property, Plaintiff was compelled to go to court and

hire the services of counsel for which it agreed to pay Fifty

Thousand Pesos (P50,000.00) as attorney’s fees;

10. For unlawfully utilizing and staying in the Property,

Plaintiff should likewise be compensated for damages suffered

by the way of lost rental income of at least Ten Thousand Pesos

(P10,000.00) a month, computed from the time of the

cancellation of the Contract to Sell until the defendant surrender

its peaceful possession to the plaintiff.

WHEREFORE, it is most respectfully prayed that

judgment be rendered ordering Defendant and anyone claiming

rights under them:

1. To vacate the Property located at Block 12, Lot 7,

Prominenza Subdivision, DRT Highway, Pinagbarilan,

Baliuag, Bulacan,, and return the possession thereof to

the plaintiff;

2. To pay the amount of Ten Thousand Pesos (P10,000) per

month as reasonable rental for defendant’s use of the

Property from the date of the Cancellation of the

Contract to Sell until defendant’s actual surrender and

turn-over of the Property to plaintiff;

3. To pay the plaintiff the amount of Fifty Thousand Pesos

(P50,000.00) as attorney’s fees; and

4. To pay the cost of this suit.

SUCH OTHER relief and remedies as are just and equitable

under the circumstances are likewise prayed for.

Mandaluyong City for Baliuag, Bulacan.

10 April 2012.

ROSERO RED CASAS AND

ASSOCIATES
Law Ofices
Counsel for Plaintiff
 c/o Camella Communities, Upper
Ground Floor,
Worldwide Corporate Center, Shaw
Blvd.
Mandaluyong City

By:

JOHN NOAH M. RED

Lifetime IBP No. 685901 – Quezon
City
PTR No. 6137785 – 01/17/12 –
Quezon City
Roll No. 47591
MCLE Compliance No. III-0017824