Republic of the Philippines

MUNICIPAL TRIAL COURT

National Capital Judicial Region
Branch _____
Iloilo City

Ian Alba,
Plaintiff,
CIVIL CASE NO. ______
-versus-
For: Unlawful Detainer
Jun Miranda, with writ of Preliminary Mandatory Injunction
Defendant.
x - - - - - - - - - - -- - - - - - --- - -- x

COMPLAINT

COMES NOW, Plaintiff Ian Alba, through undersigned counsel, unto this
Honorable Court most respectfully alleges that:

1. Plaintiff, Ian Alba, is of legal age, Filipino, single and a resident of 9 South
Aguila, Green Cross Subdivision, Quezon City, where the plaintiff may be
serve with court processes;
2. The defendant, Jun Miranda, is of legal age, Filipino, single and a resident of 9
West Aguila, Green Cross Subdivision, Quezon City, where he may be served
with summons and other court processes;
3. Herein Plaintiff is the true, lawful, absolute owner and lessor of the house and
lot located in of 9 West Aguila, Green Cross Subdivision, Quezon City;
4. That on May 01, 2006, plaintiff entered into a written contract with defendant
whereby the former leased to the latter the above-described property for the
period of two (2) years, starting on May 1, 2006, for the monthly rental of fifty
thousand pesos (Php 50,000.00), copy of which contract of lease is attached
hereto as Annex A, made as an integral part hereof;



5. That by virtue of the said contract, Annex A, defendant took possession of
the property in question on May 1,2006, and he is still in possession of the
same up to the present time;
6. That the defendant failed to pay his monthly rentals from the months of
January 01, 2007 up to the present which amounts to five hundred thousand
(Php 500, 000.00) plus interest , and still continue to maintain his occupation
and use of the facilities despite demand of payment and/or leave the premise
upon payment and still refuses to vacate the property, in spite of repeated
demands and a written notice in advance thereof; a copy of Demand Letters
both the initial and final demand is hereby attached as Annex B-1 and B-2
of the complaint;
7. Plaintiff is constrained to bring this action against defendant and to retain the
services of a counsel to protect his rights therefore and incurred a considerable
sum of money for attorneys fee and other litigation expenses as may be
proved in the course of the proceedings of this case;
8. Likewise, the continuance of the possession by the defendant against plaintiffs
property would work grave injustice to the plaintiff and that great irreparable
damage and injury would result to him before the matter can be heard unless a
writ of preliminary mandatory injunction is issued;
9. Plaintiff is ready and willing to post a bond executed to defendant in the
amount to be fixed by this Honorable Court to answer for whatever damages
defendant may incur as a result of injunction.


WHEREFORE, it is respectfully prayed that a writ of preliminary mandatory
injunction be immediately issued by this Honorable Court for the performance of the
defendant of a particular act, that is to vacate the premises while pending litigation,
And after due hearing, judgment be rendered in favour of the plaintiff to wit:

a. Granting the Writ of preliminary mandatory Injunction permanent;
b. Ordering defendant to pay the plaintiff the amount of five hundred thousand
(Php 500, 000.00) plus interest at the courts determination;
c. Ordering defendant to pay actual and compensatory damages to the plaintiff in
the amount to be presented during the trial;
d. To pay attorneys fee and the cost of this suit in the amount to be presented in
the course of the trial; and
e. To pay moral damages and exemplary damages to deter others from
committing the same in the amount to be presented during the trial.

Plaintiff further prays for such other relief the Honorable Court may deem just and
equitable in the premises.

RESPECTFULLY SUBMITTED

Iloilo City, Philippines, October 01, 2007,

DEJADA AND ASSOCIATES
Lawyers and Notary Public
1234 suite
Makati, Manila
BY:
Mary Joy S. Dejada
ATTY. MARY JOY S. DEJADA
Counsel for the Plaintiff
IBP No. 879870 * Iloilo City * 26 December 05
PTR No. 8978970 * Iloilo City * 29 December 05
Roll of Attorneys No. 08667 * Page 525 * Book XXIV
MCLE Compliance No1- 0000066

Copy Furnished by personal service:

ATTY. LOVELY GRACE DUMARAO
Ramona Building Makati Manila
Received by: __________________
Date: ________________________








































REPUBLIC OF THE PHILIPPINES)
CITY OF MANILA) S.S.
x - - - - - - - - - - - - - - - - - - - - - - - - x
VERIFICATION/CERTIFICATION
I, IAN ALBA, of legal age, on oath, depose and state:
a. That I am the plaintiff in the above-entitled case;
b. That I have caused the preparation of the foregoing complaint;
c. That I have read and understood its contents and that the same are true and
correct to the best of my knowledge and belief.
d. That I have not theretofore commenced any petition or proceeding involving
the same issues in any court, tribunal, or quasi-judicial agency and to the best
of my knowledge, no such other petition is pending therein ; if there is such
other pending action or claim, a complete statement of the present status
thereof; and if I should thereafter learn that the same or similar action or claim
has been filed or is pending, I shall report that fact within five (5) days
therefrom to the court wherein my aforesaid petition has been filed.

AlbaIan
IAN ALBA
Affiant
PRC ID No.: 23234567
Issued at Manila City
Issued on 27 January 2007

SUBSCRIBED AND SWORN TO before me this 1
st
day of October 2007, in
the City of Manila after showing to me his competent evidence of identity indicated
below his name.
I HEREBY CERTIFY that I personally examined the affiant and I am
satisfied that she voluntarily executed and understood his declaration on the place and
date above written.
Mary Joy S. Dejada
ATTY. MARY JOY S. DEJADA
Notary Public
Commission No.00145
My Commission expires on December 31, 2008
Until 31 December 2008
Law office address: Jaro Iloilo City
Roll of Atty.s No.: 08667
PTR No. 8978970
Issued on December 26, 2005
Issued at Iloilo City, Philippines
IBP No.879870
Issued on December 29, 2005
Issued by: IBP-Iloilo Chapter
MCLE Compliance No1- 0000066
Date Issued: January 3, 2006
Doc. No. __
Page No_
Book. No. _
Series of 2009
Date and Time Notarized: __________





































ANNEX A


CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENTS:
This Contract of Lease is made and entered into this May 01, 2006 at Quezon
City by and between:
IAN ALBA, of legal age, Filipino, single and a resident of 9 South Aguila,
Green Cross Subdivision, Quezon City, known as the LESSOR;

JUN MIRANDA, of legal age, Filipino, single and a resident of 123 St.,
Sampaloc Manila, known as the LESSEE.

WITNESSETH THAT:

WHEREAS, the lessor is the owner of a house and lot situated at 9 West Aguila,
Green Cross Subdivision, Quezon City.
WHEREAS, the lessee desires to lease the said house and lot and all the improvements
therein and the lessor agrees to lease the same to the lessee under the following terms
and conditions:

1. This contract of lease shall take effect beginning May 01, 2006, up to and until
May 01, 2008. The lessor has the option to renew this contract and if the lessee
would like to extend such lease, he may do so by a written request one month
before the extended time;
2. The herein lessee shall pay a monthly rental of Php. 50,000.00, due and
payable every 15
th
day of the month beginning August 1, 2006, thereafter.
Upon the signing and execution of this contract, the lessee shall pay the
following:
a. Three months deposit equivalent to one hundred and fifty thousand
pesos (Php. 150,000.00), which shall be returned to the lessee at the
end of this lease. However, if there are unpaid bills, or if there are
damages caused by or inflicted to the leased property, this deposit
shall be held answerable to the same, and the lessor has the right to
apply the said deposit as payment for unpaid rentals and damages
without obtaining the consent or approval of the lessee;
b. Two (2) months advance rental equivalent to one hundred thousand
pesos (Php. 100,000.00).

3. After the expiration of this contract of lease, the parties shall negotiate the new
terms and conditions of the lease, particularly the amount of monthly rentals to
be paid to the lessor by the herein lessee;




4. The leased premises cannot and shall not be subleased by the lessee without
the written consent and authority of the lessor, nor can the lessee introduce any
kind of improvement in the leased premises without the written consent and
approval of the lessor;

5. The lessee is specifically prohibited to use the leased premises as a boarding
house and/or bedspace, or for any immoral or illegal activity, and only the
lessee, his immediate family members and child/children and authorized
domestic helpers may be allowed to stay in the leased premises;

6. The lessee undertake the repairs necessary for the building and to pay the
electric and water bills monthly;

7. The lessor or his agents are allowed to enter the leased premises to visit/view
the condition of the leased premises on any day during reasonable hours;

8. The lessee should surrender or yield up quietly and peacefully to the lessor the
leased premises at the termination of this lease contract, in the same condition
as he shall found the leased premises;

9. The lessee will free the lessor to reimburse him of any improvements made
unto the building but cannot thereafter remove them should it will affect the
leased premises;

10. The lessee shall comply with any and all laws, ordinances, regulations, orders
of the Homeowners Association;

11. The lessee shall not make any alterations or changes in the electrical
installations or in any other improvement within the leased premises without
the prior written authority and consent of the lessor. At the end of this lease,
any and all improvements shall belong to and shall be owned by the lessor. The
lessee hereby acknowledges that the leased premises are in good tenantable
condition when the leased property is delivered to him, and hereby agrees and
binds herself/himself to undertake exclusive expense, all repairs, necessary or
otherwise, such as those which are necessary to maintain the same in good and
habitable condition;

12. In case of breach by the lessee of any of the terms of this contract, the lessor
has the right to eject the lessee from the premises and to collect and recover
from him all arrearages and damages, if there are any;

13. This contract take effect upon signed by the parties; and

14. No other agreements shall bind the parties unless consented by them mutually.

NOW THEREFORE:

The parties hereby affix their signature this 1st day of May 2006 at Quezon
City and that they voluntarily agrees on the stipulation above written and that the
lessee further agrees that the lessor reserves the right to bring proper civil and criminal
action to protect his rights in case the lessee fails or violate any stipulation therein.

IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of
May, 2006 in Manila, Philippines.


Jun Miranda Ian Alba
Jun Miranda Ian Alba
Lessee Lessor
PRC ID No.: 23234567 GSIS ID No.: 45674567
Issued at: Manila City Issued at: Manila City
Issued on: 24 January 2006 Issued on: 27 September 2005


Signed in the presence of:


Ben Ladin Sol Greingo
Ben Ladin Sol Greingo























REPUBLIC OF THE PHILIPPINES)
ILOILO CITY ) S.S
x - - - - - - - - - - - - - - - - - - - - - - - - x

A C K N O W L E D G M E N T

BEFORE ME, this 1
st
day of May 2006 at Quezon City, Philippines, personally
appeared Ian Alba and Jun Miranda, exhibiting to me their competent evidence of
identity indicated below their name, known to me and to me known to be the same
persons who executed the foregoing instrument and they acknowledge to me that the
same is their own free act and deed. This instrument consisting of 4 pages, including
the page on which this acknowledgement is written, has been signed on each and
every page thereof by the concerned parties and their witnesses, and sealed with my
notarial seal.





WITNESS MY HAND AND SEAL, on the 1
st
day of May, 2006 at Quezon
City, Philippines.



DEJADA AND ASSOCIATES
Lawyers and Notaries Public
Jaro, Iloilo City


Mary Joy S. Dejada
ATTY. MARY JOY S. DEJADA
Notary Public
Commission No.00145
My Commission expires on December 31, 2008
Until 31 December 2008
Law office address: Jaro Iloilo City
Roll of Atty.s No.: 08667
PTR No. 8978970
Issued on December 26, 2005
Issued at Iloilo City, Philippines
IBP No.879870
Issued on December 29, 2005
Issued by: IBP-Iloilo Chapter
MCLE Compliance No1- 0000066
Date Issued: January 3, 2006
Doc. No. __
Page No__
Book. No. __
Series of 2009
Date and Time Notarized: __________





Copy Furnished and personal service:

ATTY. LOVELY GRACE DUMARAO
Ramona Building, Makati, Manila
Received by: __________________
Date: ________________________





































ANNEX B-1


DEMAND LETTER
July 1, 2007
Jun Miranda
Lot no. 9 West Aguila
Green Cross Subdivision
Quezon City



Dear Sir:

Consider this letter as a demand for you to pay your unpaid rentals plus interest
otherwise vacate the premise on or before September 01, 2007. This will be my initial
demand for you and kindly give this matter your timely attention.

Thank You!

Ian Alba
Ian Alba

ANNEX B-2
DEJADA AND ASSOCIATES
Lawyers and Notary Public
1234 Suite
Makati, Manila


August 01, 2007

Jun Miranda
Lot no. 9 West Aguila
Green Cross Subdivision
Quezon City

Dear Sir:

Our client Ian Alba had referred to us his case as regards to your accrued unpaid rentals for
six (6) months plus interest, from January 01, 2007 up to the present. Consider this letter as a
demand for you to pay the amount due which is four hundred thousand (Php. 400,000.00)
plus interest due to delay in your rental payments and to vacate the premises on or before
September 01, 2007. The refusal to accede to this second and final demand letter will
prompt the undersigned to seek recourse before the courts of law for non-payment of
accrued rentals and refusal to vacate the premises.
Please give this matter your utmost and preferable attention.


DEJADA AND ASSOCIATES
Lawyers and Notary Public
1234 Suite
Makati, Manila
BY:
Mary Joy S. Dejada
ATTY. MARY JOY S. DEJADA
Counsel for Ian Alba
Copy Furnished and personal service:

ATTY. LOVELY GRACE DUMARAO
Ramona Building, Makati, Manila
Received by: __________________
Date: ________________________