REPUBLIC OF THE PHILIPPINESNATIONAL CAPITAL JUDICIAL REGIONMETROPOLITAN TRIAL COURT-MANILA

BRANCH 1CITY OF MANILA

Dr. MILA M. GINES,Plaintiff,

- versus - CIVIL CASE NO. 08-3636FOR : UNLWFUL DETAINER

TOMAS A. SANTOSDefendant.

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

C O M P L A I N T

PLAINTIFF by counsel and unto this Honorable Court most respectfully alleges, That :

1. Plaintiff, Dra. MILA M. GINES  is of legal age, Filipino, with residence and postal address at 1261 Silglo Bldg. Gelenos Street Sampaloc Metro Manila;

2. Defendant, TOMAS SANTOS, is likewise of legal age, Filipino, single, with residence and postal address at 1261 Silglo Bldg. Gelenos Street Sampaloc Metro Manila, where he may be served with summons, orders and other Court processes;

3. On 06 June 2013 the plaintiff, the rightful owner of the property, by way of lease allowed or permitted the defendant, a working architecture student, to use and occupy a studio type unit located at 1261 Siglo Bldg. Gelenos Street Sampaloc, Metro Manila, with a monthly rental payment of 9,000 pesos per month for a period of one year, from 06 June 2013 up to 07 June 2014; In pursuance to the said lease, the plaintiff and the defendant formally executed a Contract of Lease over the premises, photocopies of the same are hereto attached and marked as Annexes “A”  to form as integral part hereof;

4. Due to personal expenses of the defendant, he failed to pay the monthly rentals for the month of March-April 2014. The plaintiff had been generous in allowing the defendant to occupy the property despite his non-payment until June 2014. The rental payments from June 2013 to March 2014 were evidenced by payment receipts issued to the defendant by the plaintiff hereto attached and marked as Annex "B".

5. That on 06 May 2014, or one month before the expiration of the lease agreement, plaintiff sent the defendant a notice of expiration of their lease contract with option to renew the same or pay the remaining unpaid rentals and vacate upon the expiration of the contract. Such notice is hereto attached and marked as Annex "C".

6. That on 07 June 2014, the plaintiff made an oral demand upon the defendant to pay and vacate the leased premises. However, the defendant with grave abuse of trust and confidence coupled with evident bad faith, deliberately refused to pay the remaining unpaid rentals and did not vacate the leased premises as demanded, which forced the latter to initially enter into an amicable settlement with the former before Barangay 584 Zone 57. The parties underwent Barangay Conciliation proceeding, however, the same proved futile hence, the plaintiff was issued a Certification To File Action by the said Barangay. The photocopy of the same is hereto attached and marked as Annex “D” and to form as integral part hereof;

7. The Defendant, despite repeated oral and formal demands to vacate the leased premises, adamantly refused to do so. He deliberately occupied the property as evidenced by keeping in his possession the room key and leaving his personal things particularly those architectural tools that are used for his studies inside the leased unit. Hence, the plaintiff, through the herein counsel, made a formal and final demand to vacate the premises. Attached is the photocopy of the Notice To Vacate herein marked as Annex “E”  and to form as integral part hereof;

8. The plaintiff, as a direct result of defendant’s deliberate non-payment of lease rental, suffered actual losses and its opportunity to admit new tenant. Hence, he should be made liable for the same by this Honorable Court until and after he finally vacates the leased premises;

9. The Plaintiff, in order to protect her rights and interest, was constrained to engaged the services of the herein counsel for which reason she agreed to pay him the amount of P 200,000.00 as Attorney’s Fees and the additional sum of P 5,000.00 as appearance fee and transportation expenses per hearing of the case.

WHEREFORE, premises considered it is respectfully prayed of this Honorable Court that judgment be rendered in favor of the plaintiff, to wit:  

1.  Ordering the defendant and all persons claiming rights in

her name to immediately vacate the subject leased

premises;

2. Ordering defendant to pay to plaintiff her unpaid rentals of

Php9,000.00 per month from 06 March 2014 until after he

finally vacates the premises in dispute;

3. Likewise, ordering the defendant to pay or reimburse the

plaintiff in the sum of Php200,000.00 by way of attorney’s

fee and the amount of Php5,000.00 as appearance fee and

transportation expense per trial of the case including the

cost of suit.

Plaintiff further prays for such other reliefs warranted under the

premises.

Makati City for Manila 10 November 2014

ATTY. JHUN PEREZCounsel for the Plaintiff

5th Floor, Dominga Bldg. III, 2113 ChinoRoces Ave. cor. Dela Rosa St., Makati City

IBP No. 575848/01-13-2003/AlbayPTR No. 7012006/01-05-2004/Makati City

Roll No. 24378