REPUBLIC OF THE PHILIPPINES

Municipal Trial Courts in Cities

City of Iligan
Branch 01

Maria Makiling,
Plaintiff CIVIL CASE No. 7969
For: Unlawful Detainer
-versus-

Josefa Santos,
Defendant

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

COMPLAINT

PLAINTIFF, by counsel, respectfully states that:

1. The plaintiff, Maria Makiling, is of legal age, Filipino, widow, and

a resident of Palao, Iligan City; defendant, Josefa Santos, is of
legal age, Filipino, married and a resident of Luinab, Iligan City
where she may be served with summons and other pertinent
processes;

2. On April 30, 2016, a Deed of Sale with a Right to Repurchase

was executed by and between the plaintiff and defendant. The
period to repurchase of three months from execution is
stipulated therein. The subject property is covered by Transfer
Certificate of Title (TCT) No. 12345. A copy of the contract is
attached as ANNEX A;

3. The deed between the plaintiff and defendant provides for the
consideration in the amount of TWO HUNDRED NINETY
THREE THOUSAND SEVEN HUNDRED PESOS (PHP
293,700.) plus 114 sacks of 50 kilos (per sack) of Young Master
Rice, which was completely handed by the plaintiff to the
defendant;

4. The plaintiff allowed the defendant to occupy the subject

property on account of the right of repurchase agreed upon in
the sale;
 5. The defendant still occupy the subject property even after the
expiration of the repurchase period without exercising her right
to repurchase;

6. On October 17, 2016, the plaintiff sent a written demand to the

defendant to vacate the subject property within five (5) days
from receipt thereof. A copy of plaintiffs letter to defendant is
attached as ANNEX B;

7. Despite demand duly made and received, defendant has

refused to vacate the premises and continues to occupy the
property without plaintiffs consent;

8. By reason of failure of the defendant to vacate the premises,

the plaintiff was compelled to file this complaint engaging the
services of counsel in the amount of P30,000.00.

WHEREFORE, plaintiff respectfully prays for judgment in her favor

by ordering defendant to vacate the property and peacefully turn over
possession to plaintiff and for defendant to pay plaintiff the amount of
thirty thousand pesos (PHP 30,000.00) for attorneys fees.

Other just and equitable reliefs are also prayed for.

City of Iligan, November 23, 2016.

Atty. Rainidah Ismael

Counsel for the Plaintiff
Roll of Attorney No. 9873
IBP No. 43553/ 10-11-16/Iligan
PTR No. 9753/ 12-12-16/Iligan

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

I, Maria Makiling of legal age, do hereby state that: I am the

plaintiff in the in the above-entitled case and in such capacity, caused
this Complaint to be prepared; I have read its contents and affirm that
they are true and correct to the best of my own personal knowledge; I
hereby certify that there is no other case commenced or pending
before any court involving the same parties and the same issue and
that, should I learn of such a case, I shall notify the court within five
(5) days from my notice.

IN WITNESS WHEREOF, I have signed this instrument on

November 23, 2016.

Maria Makiling

SUBSCRIBED AND SWORN TO before me in the City of Iligan

on this day of November 23, 2016 affiant exhibiting before me his
Government Issued ID no. 5656 issued on October 15, 2011 at the
City of Iligan.

Atty. Rainidah Ismael

Notary Public
Dec. 12, 2017
Roll of Attorney No. 9873
IBP No. 435/ 10-11-16/Iligan
PTR No. 753/ 12-12-
16/Iligan

Doc. No. 121

Page No. 110
Book No. 35
Series of 2016