REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES

City of Tacloban
Branch 1

ALYSSA CANA,
Plaintiff
CIVIL CASE No. 9889
-versus- FOR: Unlawful Detainer
AYO KHO,
Defendant.
x---------------------------------x

COMPLAINT
COMES NOW, the plaintiff, through the undersigned counsel
and unto this Honorable Court, most respectfully avers:
1. That the plaintiff, ALYSSA CANA, is of legal age, Filipino citizen,
single, with residence of Block 1, Lot 3, Lumbang 2 Subdivision, Brgy.
96 Calanipawan, Tacloban City;

2. That the defendant, AYO KHO, is of legal age, Filipino citizen, single,
with residence and postal address at Phase 5, Block 5, Lot 5, Lauaan
Street, V&G Subdivision, Tacloban City, where they may be served
with summons and other court processes;

3. That the plaintiff is the owner of a land over which an apartment had
been constructed located Phase 3, Block 3, Lot 16, Chico Street,
V&G Subdivision, Tacloban City;

4. That by virtue of a contract of lease which was executed on May 1 of

the same year, the plaintiff leased unto the defendant the aforesaid
apartment for a period of two (2) years for a consideration of
P5,000.00 a month as rental to be paid within the first ten (10) days of
each month starting May 3, 2016

5. That the defendant took occupancy of the apartment on May 5, 2016;

Page 1 of 4
6. That the defendant failed to pay the agreed rental for several months
starting August 23, 2017 up to the present;
7. That on October 25, 2017 the plaintiff sent a letter of demand to
vacate the apartment which was received by the defendant as shown
in the registry return receipt hereto attached as Annex “A”;

8. That a final letter of demand to vacate and pay rentals was sent on
November 25, 2017 which was received by the defendant as shown
in the registry return receipt as Annex “B”;

9. That despite said letters of demand which were repeated by oral

demands, the defendant failed and still refused to pay the agreed
amount of rentals and to vacate the apartment;

10. That the plaintiff filed a complaint to the Office of Tagapamayapa but
efforts of the latter proved futile as the defendant adamantly refused
to vacate the premises, constraining the Lupon Tagapamayapa to
issue a certificate to file the instant complaint copy of which certificate
is attached hereto as Annex “C”;

11. That by reason of failure of the defendant to vacate the premises

and to pay the unpaid rentals, the plaintiff was compelled to file this
complaint engaging the services of counsel in the amount of
P10,000.00

WHEREFORE, premises considered, it is most respectfully

prayed unto this Honorable Court that, after hearing, judgment be
rendered ordering the defendant:

1. To vacate the subject premises and to return possession thereof to

the plaintiff;
2. To pay the amount of P5,000.00 per month starting August 2017 until
she shall have vacated the place as compensation for the reasonable
use with 12% interest thereon;
3. To pay the plaintiff the cost of the suit; and
4. To pay other reliefs as may be just and equitable in the premises.

City of Tacloban, February 19, 2018.

VARGOD & Partners LAW OFFICE

Counsel for the Plaintiff
121 Real Street
Tacloban City

By:
Atty. Antonio Primo Arellano
Roll of Attorney No. 98765
IBP No. 12345/2-5-17/Tacloban
Page 2 of 4
 PTR No. 87654/12-22-17/Tacloban
MCLE No. 12345
VERIFICATION/CERTIFICATION OF FORUM SHOPPING

Republic of the Philippines )

City of Tacloban ) S.S.

I, ALYSSA CANA, of legal age, Filipino citizen, single and

resident of Block 1, Lot 3, Lumbang 2 Subdivision, Brgy. 96
Calanipawan, Tacloban City, after having been duly sworn to in
accordance with law do hereby depose and say:

1. That I am the plaintiff in the above-entitled case;

2. That I have caused the preparation of the foregoing complaint and

have read the allegations contained therein;

3. The allegations in the said complaint are true and correct of my own
knowledge and authentic records;

4. I hereby certify that I have not commenced any other action or

proceeding involving the same issues in any court, tribunal or quasi-
judicial agency and, to the best of my knowledge, no such other
action or claim is pending therein;

5. That if I should learn thereafter that a similar action or proceeding has

been filed or is pending, I 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. I 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.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this 19th of February 2018, in the City of Tacloban.

ALYSSA CANA

SUBSCRIBED AND SWORN to before me this 19th day of

February, 2012, in the City of Tacloban, affiant exhibiting to me his
Driver’s License No. 12345096865346 issued by the Land
Transportation Office on April 8, 2012 at the City of Tacloban.

ATTY. ANTONIO PRIMO ARELLANO

Notary Public
Page 3 of 4
 My Commission Expires Dec. 31, 2018
Roll of Attorney No. 98765
IBP No. 12345/2-5-17/Tacloban
PTR No. 87654/12-22-17/Tacloban
MCLE No. 12345

Doc. No. ________

Page No. _______
Book No. _______
Series of 2012.

JURAT
SUBSCRIBED AND SWORN to before me, this 19th February
2018, by ALYSSA CANA who exhibited to me her Driver’s License
No. 12345096865346 issued by the Land Transportation Office on
April 8, 2012 at the City of Tacloban.

ATTY. ANTONIO PRIMO ARELLANO

Notary Public
My Commission Expires Dec. 31, 2018
Roll of Attorney No. 98765
IBP No. 12345/2-5-17/Tacloban
PTR No. 87654/12-22-17/Tacloban
MCLE No. 12345

Page 4 of 4