Republic of the Philippines

National Capital Judicial Region

Municipal Trial Court
Las Pinas
Branch ____
RUFINO RIVERA,
Plaintiff,
- versus -

Civil Case No. ______

For: Ejectment

JULIE MANARANG,
Defendant.
X---------------------X
COMPLAINT
COMES NOW, plaintiff by the undersigned counsel and unto this
Honorable Court, most respectfully states, that:
1.

Plaintiff is of legal age, married and with residence address at Blk 1

Lot 16 &17 Greenvale II, Marcelo Village while defendant is of legal
age, married and a resident of No. 12 Rosas Street, Vergonville
Subdivision, Las Pinas City, where he may be served with summons
and other court process of this Honorable Court;

2.

Plaintiff is the absolute owner of a real property situated at No. 12

Rosas Street, Vergonville Subdivision, Las Pinas City, which is the
residence address of the defendant. The above property is covered
by Transfer Certificate of Title no. (32215) T-36118-A of the Registry
of Deeds of Las Pinas City registered in the name of Household
Development Corporation. Copy of the Transfer Certificate of title is
hereto attached and marked as Annex A;

3.

That Household Development Corporation had previously executed a

Deed of Absolute Sale in favor of plaintiff Rufino Rivera, copy of the
Deed of Absolute Sale is hereto attached as Annex B and is made
integral part hereof;

4.

Sometime 1998, a conditional deed of sale was executed by and

between plaintiff and defendant whereby plaintiff offered to sell and
defendant offered to purchase the above described parcel of land in
the amount of P951,000.00 computed at P3,000.00 per square meter
of the total area 317 sq meter. payable on installment at P15,000.00
a month for 64 months;

5.

Of the total contract price of P951,000.00, defendants were able to

make payments in the total amount of P361,500.00 only leaving a
balance of P651,000.00 as of sometime year 2000, which was the
last date of payment. No further payments were made thereafter;

Page 02.
6.

Sometime August 17, 2004, a demand letter to pay defendants

outstanding balance was sent to defendant but to no avail. Copy of
the letter is hereto attached as Annex C and is made integral part
hereof. Defendant refused to make payments and have to date not
paid his outstanding balance of P651,000.00 despite repeated
demands both oral and in writing;

7.

On December 13, 2007, plaintiff thru counsel sent another demand

letter this time rescinding the contract to sell and to vacate the
premises within 10 days from receipt of the said letter. The said letter
was received by defendant thru his wife last____________. Copy of
the letter demand to vacate and the proof of receipt is hereto
attached and marked as Annex D;

8.

Despite demands by plaintiff to vacate the premises, defendant

refused and still refuses to vacate the premises;

9.

Due to unjustified refusal and failure of defendant to vacate the

subject property, plaintiff was constrained to engage the services of
undersigned counsel for which defendant should be ordered to pay
attorneys acceptance fees in the amount of P50,000.00 and
appearance fees of P2,500.00 for every court appearance;

10. As reasonable value for the use and continued occupation of the
premises from the date of filing of this complaint, defendant should
likewise be ordered to pay the sum of FIVE THOUSAND PESOS
(P5,000.00) a month up to the time he finally vacate the premises;
11. Considering that the parties involved in this case are not residents of
the same barangay or adjacent barangays, referral for barangay
conciliation is dispensed with;
12. For the unjustified refusal of defendant in not vacating the premises,
they should be made liable to pay costs of suit.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this
Honorable Court that judgment be rendered ordering defendants and all persons
claiming rights under them, to wit:
1.

To vacate the subject premises and to surrender peaceful possession

thereof to plaintiffs;

2.

To pay the sum of P5,000 per month as reasonable compensation for

the use of the property as reasonable value for the use of the
premises;

3.

To pay the sum of P50,000.00 as attorneys fees and appearance fees

of P2,500.00;

4.

To pay costs of suit.

Page 03.
Plaintiff prays for other remedies, just and equitable under the premises.
Quezon City. February 21, 2008.
MARIA LOURDES PAREDES GARCIA
Counsel for Plaintiff
Wheels Executive Suites
Wheels Building No. 222
E. Rodriguez Sr. Ave., Quezon City
VERIFICATION and CERTIFICATION
I, RUFINO RIVERA, of legal age, under oath, states:
1.

That I am the plaintiff in the foregoing case and that I have caused the
preparation of the above Complaint;

2.

That I attest to the truth of all the allegations in the same petition of
my own personal knowledge;

3.

In compliance to the Supreme Court circular against forum shopping, I

hereby certify that: a) I have not commenced any other action or
proceeding involving the same issues before the Supreme Court, or
Court of Appeals, or any other tribunal or agency; b) to the best of my
knowledge, no such action or proceedings is pending in the Supreme
Court, Court of Appeals or any other tribunal or agency; c) If I should
learned that similar action or proceeding has been filed or is pending
before such tribunal or bodies, I shall report that fact within five (5)
days therefrom to the court or agency where the original pleading and
sworn certification have been filed.
RUFINO RIVERA
Affiant

SUBSCRIBED and SWORN to before me this ___ day of Feb 21, 2008,
affiant exhibiting to me his residence certificate no. ______ issued on _______
at _____________.

Doc. No. _____

Page No. ____
Book No. ____
Series of 2008.