SUMMARY PROCEDURE

Civil Case:
Unlawful Detainer
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Hello!

This is a presentation on a format

of a Judicial Affidavit and a Complaint
for a case of Unlawful Detainer
under Summary Procedure.
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First:
Judicial Affidavit
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Republic of the Philippines

METROPOLITAN TRIAL COURT
National Capital Judicial Region
Branch 80, Quezon City

JOLINA MAE LEONARDO,

Plaintiff,

vs. CIVIL CASE NO. Q-9161995

Unlawful Detainer

MARIA JUANA DELA CRUZ,

and all other people claiming rights under her,
Defendant.

x------------------------------------x
Personal Circumstances 5

JUDICIAL AFFIDAVIT
(Pursuant to A.M. No. 12-8-8-SC)

I, JOLINA MAE LEONARDO, of legal age, Filipino, single, and

residing at #15 Faisal St., Filinvest 2, Brgy. Batasan Hills, Quezon City, plaintiff
in this case, after having been duly sworn to in accordance with law, hereby
depose and state that:

• Name
• Age
• Citizenship
• Civil Status
• Address
Preliminary Statements 6

PRELIMINARY STATEMENTS

I have been examined by Atty. Meredith Grey on August 22, 2019, at

10 o’clock in the morning, at Block 5, Lot 13 Cornelia St., Taylor Village, Brgy.
West Triangle, Quezon City for purposes of this Judicial Affidavit.

I am answering the questions asked of me, fully conscious that I do so

under oath and that I may face criminal liability for false testimony or perjury.

The copy of the Annexes mentioned in this Judicial Affidavit are

faithful reproductions of the original and I reserve the right to present the
original/certified copies during the legal proceedings or as may be required by
the Honorable Court.
Questions and Answers 7

QUESTIONS AND ANSWERS

The questions asked of me and my corresponding answers are
consecutively numbered, as follows:
1. Q: Please state your personal circumstances.
A: I am Jolina Mae Leonardo, of legal age, Filipino, single, and residing at #15
Faisal St., Filinvest 2, Brgy. Batasan Hills, Quezon City, and I am the plaintiff of
this case.

2. Q: Do you know defendant Ms. Maria Juana Dela Cruz?

A: Yes, ma’am.

3. Q: How do you know defendant Ms. Maria Juana Dela Cruz?

A: Ms. Dela Cruz and I entered into a contract of lease for property I own at
#17 Faisal St., Filinvest 2, Quezon City.

Establishing the parties

to the case
Questions and Answers 8

4. Q: Do you have proof of ownership over the subject property?

A: Yes, ma’am. I have with me a certified true copy of the Transfer Certificate of Title
No. 109876 of the Registry of Deeds of Quezon City over the subject property and a
copy of a Tax Declaration of the Office of the City Assessor, Quezon City paid over
the subject property.
ATTY. GREY: If your Honor please, the plaintiff is handing to this representation a
certified true copy of the said Transfer Certificate Title which we are asking to be
marked as Annex “A” and a copy of a Tax Declaration paid by plaintiff over the said
property which we are asking to be marked as Annex “B”.

5. Q: When was the contract of lease entered into?

A: We entered the contract of lease on January 1, 2017.

Establishing the contract

where action is based
Questions and Answers 9

6. Q: Was this transaction in writing?

A: Yes, ma’am. I have a copy here with me.
ATTY. GREY: If your Honor please, the plaintiff is handing to this representation
a copy of the Contract of Lease which we are asking to be marked as Annex
“C”.

7. Q: What was the stipulated lease period in the agreement?

A: Paragraph 2 of the Contract of Lease (Annex C) stated that the contract was
valid for six (6) months and was renewable upon agreement of both parties with
the terms and conditions. The latest renewed lease agreement was only valid
until June 1, 2019.
ATTY. GREY: If your Honor please, the plaintiff is handing to this representation
a copy of the latest renewed lease agreement which we are asking to be marked
as Annex “C-1”.

Establishing the contract

where the action is based
Questions and Answers 10

8. Q: Did you renew the lease agreement after the expiry of the latest lease
agreement on June 1, 2019?
A: No, ma’am, I no longer agreed for a renewal. I had relatives visiting from
abroad whom I wished would stay at the subject property.

9. Q: Did defendant vacate the subject property after the expiry of the contract on
June 1, 2019?
A: No, ma’am. I gave her an additional five (5) days to clear the premises but Ms.
Dela Cruz still failed to comply.

10. Q: What did you do after defendant’s failure to voluntarily vacate the
occupied property upon expiration of the agreed lease period?

Establishing the violation

of plaintiff’s right
Questions and Answers 11

A: I sent Ms. Dela Cruz a Demand Letter to Vacate on June 6, 2019 to peacefully
vacate the premises and to remove any improvements introduced in my property.
I informed her that failure to leave by June 13, 2019 would constrain me to file an
appropriate case against her.

11. Q: Do you have proof of this Demand Letter to Vacate?

A: Yes, ma’am. The mother of Ms. Dela Cruz signed an acknowledgement
receipt of the Demand Letter to Vacate on June 6, 2019.
ATTY. GREY: If your Honor please, the plaintiff is handing to this representation
a copy of the Demand Letter to Vacate which we are asking to be marked as
Annex “D” and the acknowledgement receipt signed by the mother of the
defendant as Annex “D-1”.

12. Q: Did defendant heed your request to vacate the subject property?
A: No, ma’am. Ms. Dela Cruz has not left my property.

Establishing the violation

of plaintiff’s right
Questions and Answers 12

13. Q: What did you do after the refusal of defendant to vacate the subject
property?
A: I brought the dispute before the Barangay Captain to try and resolve our
issue.

14. Q: What was the result of the Barangay Conciliation?

A: Ms. Dela Cruz continuously refused to vacate my property and we failed to
reach an amicable settlement. As such, I was given a Certificate to File Action in
Barangay Case No. 121110 for Ejectment entitled Jolina Mae Leonardo,
complainant, versus Maria Juana Dela Cruz, defendant, issued on June 14,
2019, which I brought with me.
ATTY. GREY: If your Honor please, the plaintiff is handing to this representation
a copy of the Certificate to File Action which we are asking to be marked as
Annex “E”.
Barangay Conciliation pursuant
to RA 7160 (Local Government
Code of 1991)
Questions and Answers 13

15. Q: What did you do after the failure to settle before the Barangay Captain?
A: I filed the present action against Ms. Dela Cruz for Unlawful Detainer filed
before the Metropolitan Trial Court of Quezon City.

16. Q: What do you ask upon this Honorable Court?

A: I am praying that defendant be adjudged to vacate my property and to pay the
stipulated rental per month of P60,000.00 for the continued use and occupation
of my property starting from June 1, 2019 until the possession of the subject
property is turned over by the defendant.

17. Q: Finally, do you know why you are executing the foregoing sworn
statement in this case?
A: Yes, ma’am. I am executing this sworn statement to be adapted as my direct
examination in this case to prove my cause of action for unlawful detainer
against the defendant in the above entitled case.
Prayer sought
from the Court
Questions and Answers 14

18.Q: Do you affirm the contents of this Judicial Affidavit to be true and correct?
A: Yes, ma’am.

IN WITNESS WHEREOF, I hereby affix my signature this 23rd day of

August 2019, in Quezon City.

JOLINA MAE LEONARDO

Affiant
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SUBSCRIBED AND SWORN to before me this 23rd day of August 2019

in Quezon City, after affiant has exhibited to me her driver’s license with card
number NO2-14-011544 issued by the Land Transportation Office, bearing her
photograph and signature.

Atty. Notary Public

Doc. No. _____ Notary Public until Dec. 31, 2019
Page No. _____ PTR No. 232323 – 2-10-19
Book No. _____ IBP No. 6789; Roll No. 9876
Series of 2019. MCLE Compliance No. 2-3333; 12-12-18

Jurat by the
Notary Public
Attestation 16
ATTESTATION
I hereby attest that on this 23rd day of August 2019, I have personally
examined the plaintiff JOLINA MAE LEONARDO; and that I have faithfully recorded
or caused to be recorded the questions asked and the corresponding answers
thereto made by her. I further attest that I nor any other person therein present, or
assisting me, have not coached JOLINA MAE LEONARDO regarding her answers.

GREY LAW OFFICE AND ASSOCIATES

Counsel for Plaintiff
Block 5, Lot 13 Cornelia St., Taylor Village,
Brgy. West Triangle, Quezon City
Contact No. 8787878
Attestation by the
By:
Interviewing Lawyer
MEREDITH GREY
Roll of Attorneys No. 7654321
IBP No. 1098765
PTR No. A-07100715-1/3-8-2018 Q.C
MCLE Compliance No. V-0019400, Pasig City, 4-13-2018
Jurat 17

SUBSCRIBED AND SWORN to before me this 23rd day of August 2019

in Quezon City, after affiant has exhibited to me her TIN with card number 765-123-
987-000 issued by the Bureau of Internal Revenue, bearing her photograph and
signature.

Atty. Notary Public

Doc. No. _____ Notary Public until Dec. 31, 2019
Page No. _____ PTR No. 232323 – 2-10-19
Book No. _____ IBP No. 6789; Roll No. 9876
Series of 2019. MCLE Compliance No. 2-3333; 12-12-18

Jurat by the
Notary Public
Copy Furnish & Explanation 18

Copy Furnished:

ATTY. ADDISON MONTGOMERY-SHEPHERD

Counsel for Defendant
Montgomery Law Offices
#17 Matapang St., Brgy. Teacher’s Village, Quezon City
Contact No. 09168889999

EXPLANATION
A copy of the foregoing Judicial Affidavit is being filed and served by
registered mail/private courier due to lack of messenger services as well as due to
time and distance constraints.

Notice to the
MEREDITH GREY
Adverse Party