REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT OF TAYASAN

Tayasan Negros Oriental

VINCENT VAN GOGH.,

Plaintiff,

-versus- CIVIL CASE No.______

MR. & Mrs.PABLO PICASSO FOR:UNLAWFUL DETAINER

AND DAMAGES
Defendant.
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COMPLAINT

Unto this honorable court, Plaintiff, through counsel, alleges:

1. That he is of legal age, Filipino, married, a resident of Villa Amada, Barangay

Pulangtubig, Dumaguete City; that spouses defendants, likewise both of legal
age, are residents Tayasan, Negros Oriental. That the parties herein not
being residents of the same place the condition precedent of barangay
conciliation is inoperative.

2. That Plaintiff is the son of the late Philip Van Gogh who, during his lifetime
executed a duly notarized Conditional Deed of Sale dates October 3, 1983 in
favor of the defendants over two parcels of land for the total consideration of
THIRTY THOUSAND (P30,000) PESOS, Philippine currency, as shown in a
machine copy hereto attached and marked as Annex “A”, which document
described the !st parcel of land as a residential land with an areas of 297
square meters and covered with Tax Declaration No. 01-09, and the 2nd
residential parcel of land with an area of 157 square meters and covered with
Tax Declaration No. 01-099; that currently, these 2 parcels of land were
consolidated under one (1) Tax Declaration #99-19-001-00172 with an
assessed value of Php 11,350 , copy of which is hereto attached and marked
as Annex “B”; that reality taxes thereto had been paid as certified to by the
Municipal Treasurer of the Municipality of Tayasan, Negros Oriental, copy of
which is hereto attached and marked as Annex “C”;

3. That upon execution of Annex “A” hereof, a downpayment of Ph 10,000was

acknowledged received by plaintiff’s predecessor-in-interest, “subject to the
condition that the deed of absolute sale involving the properties herein
described will be executed by the undersigned vendor upon the receipt
of the complete payment of the consideration stipulated herein, free
from any lien or encumbrance s whatsoever.”

4. That until the present, no deed of absolute sale has been executed,
defendants herein having failed to complete the payment, not even a single
peso of the balance of Ph 20,000.00 pesos;
5. With the non-satisfaction of the stipulated condition in Annex A hereof, a
registered letter, dated December 30, 2013 was sent by the plaintiff to
defendants stating:

“That in view of the substantial breach of the condition of the said

agreement, I hereby give notice that the said Conditional Deed of
Sale dated October 3, 1983 is hereby rescinded and nullified.
Accordingly, demand is hereby made upon you or the heirs
of the representatives of Spouses Pablita and Pablo Picasso to
vacate the said parcels of and including the house thereon, within
thirty (30) days from receipt hereof or to make arrangements with
us relative thereto.”
6. That defendants, despite notice that the Conditional Deed of Sale was
already rescinded, and despite the demand for them to vacate the said
parcels of land including the house thereon, all these were to no avails as
defendants are adamant and refused, and continue to refuse to surrender any
of these parcels of land to the plaintiff to her family’s great sorrow and
prejudice.

A machine copy of the REGISTRY RETURN RECIEPT of said registered

letter of the plaintiff is attached hereto and marked as Annex “D”;

7. That defendant’s refusal to give the plaintiff what is due her and family, the
latter and her predecessor-in-interest had suffered actual loss of income that
would have accrued to them as fruits of the properties in the sum of monthly
rental of Ph 100 for each of the two parcels of land since execution of the
conditional deed of sale on October 3, 1983; 10 thousand pesos as moral
damages for the anguish they had suffered all these years; five thousand
pesos as exemplary damages, by way of penalty for being a truant to a duly
entered obligation to pay and by way of example to others who may have the
same truant inclinations as are defendants’ herein and attorney’s fees.

PRAYER

WHEREFORE, premises considered, the Honorable Court is respectfully prayed

that a decision be rendered for the plaintiff and against the defendants, ordering
the latter:

1. To vacate and deliver possession of the subject two parcels of land, including
all improvements thereon;
2. Pay the plaintiff actual, moral, exemplary damages and attorney’s fees as
may be proven during the trial;
3. Refund the plaintiff the filing fee;
4. To grant the plaintiff other reliefs as are just and lawful under the premises;
5. Such other reliefs as are just, lawful although not expressly alleged herein,

Respectfully submitted, March 16, 2015, Tayasan, Negros Oriental.

 VERIFICATION/CERTIFICATION

I, VINCENT VAN GOGH, of legal age, Filipino, resident of Villa Amada,

Pulangtubig, Dumaguete City, Philippines, do hereby depose and state:

1. That I am one of the plaintiffs in the above-entitled case;

2. That I have caused the preparation this Complaint for Ejectment;
3. That I have read and understood the contents of the same and that the
allegations herein are true and correct and based on authentic records;
4. That I certify that the plaintiff have not filed or commenced any other
action or proceedings involving the same issue in the Supreme Court,
Court of Appeals or any tribunal or agency.
5. That should I later on learn that a similar action or proceeding has been
filed or pending in the Supreme Court, the Court of Appeals, or any
tribunal or agency, that I undertake to report that fact within five (5) days
from knowledge thereof.

IN WITNESS WHEREOF,I have hereunto affixed my signature this 16 th day of

March 2015, Dumaguete City, Negros Oriental, Philippines.

SUBSCRIBED AND SWORN TO before me this 16th day of 2015 day of

Frebruary 2015, Dumaguete City, Philippines.

Doc. No. _____

Page No._____
Book No. _____
Series of 2015