Republic of the Philippines

Municipal Trial Court in Cities

Branch 4
Iligan City

Nash D. Magay
Plaintiff,

-vs- Civil Case No. 4674676

For: Unlawful Detainer

Robin E. Hoode
Defendant.
x--------------------------------------------x

COMPLAINT

COMES NOW plaintiff, through the undersigned counsel and unto this
Honorable Court most respectfully avers:

1. Plaintiff is of legal age, Filipino, married and with residence at Purok 3, Saray,
Iligan City. Both have capacity to sue and be sued;

2. Defendant Robin E. Hodee , of legal age, Filipino, married and with residence
at Purok 3, Saray, Iligan City. Both have capacity to sue and be sued;

3. That the Plaintiff is a co-owner of a parcel of land designated as Lot

No. 5554, under Original Certificate of Title No. 0-780 (a.f.)
containing an area of Three Thousand Four Hundred and Forty Six
(3,446) square meters more or less, located at Saray, Iligan City, as
evidenced and more particularly described under Tax Declaration 02-
035-00766 and Tax Receipt No. 9774929 (Annexes A and B to B-1 of
the Complaint);.

4. That the Defendants occupation on the subject property is by mere tolerance as

shown by an allegation that sometime in the year 1995, defendants upon their
insistent pleas to plaintiff and the other co-owners were allowed to build
temporary shanties and stalls within the above-described property with the
express understanding that they willingly vacate the premises if and when
plaintiff and the other co-owners need the same for their own use;.

6. That Sometime in 2017, plaintiff and other co-owners decided to

develop the property for their own use and wanted to evict defendants
on the basis of defendants promise to vacate if and when plaintiff and
the other co-owners need the same for their own use;

7. That Plaintiff and the other co-owners made several oral requests
and reminders to defendants concerning their promise to vacate the
 premises peacefully giving them sufficient time to do so but they
refuse to vacate and remove their structures despite demands;

8. That on November 10, 2017, a written notice of last and final demand to
vacate (Annex C) was served to the defendant in his address and was duly
received by him;

9. That the defendant failed to vacate the said property and remove their shanties
and stalls despite the receipt of last and final notice to vacate;

10. Thus, Defendant is unlawfully withholding possession of the subject property

from the plaintiff despite last and final demand, to the damage and prejudice of
the plaintiff;

11. That by reason of the unjustified refusal of the defendant to vacate the
premises of the plaintiffs property, the plaintiff was compelled to file this
complaint engaging the services of counsel in the amount of P10,000.00.

PRAYER

WHEREFORE, after due notice and hearing, plaintiffs pray that judgment
be rendered ordering defendants to:

A. To vacate the subject premises;

B. To pay the amount of P5,000.00 per month as compensation for the

reasonable use of the subject premises until they finally vacate the said premises;

C. To pay the plaintiff the cost of the suit.

Other relief just and equitable under the premises are likewise prayed for.

Iligan City Philippines, September 24, 2018.

D and G Law Office

Counsel for Plaintiff
rd
Room 101, 3 floor,Ittihad Building
Mahayahay, Iligan City

By:

ATTY. Magalang N. Bastos

Roll No.: 102132354
PTR No: 12345/2-5-18
IBP No.: 87654/12-22-17
MCLE Compliance No.: 40258-699
 VERIFICATION/CERTIFICATION OF FORUM SHOPPING

Republic of the Philippines)

City of Iligan ) S.S.

I, NASH D. MAGAY, of legal age, Filipino citizen, Married and resident

of Purok 3, Saray, Iligan City, after having been duly sworn to in accordance
with law do hereby depose and say:

1. That I am the plaintiff in the above-entitled case;

2. That I have caused the preparation of the foregoing complaint and have read
the allegations contained therein;
3. The allegations in the said complaint are true and correct of my own
knowledge and authentic records;
4. I hereby certify that I have not commenced any other action or proceeding
involving the same issues in any court, tribunal or quasi-judicial agency and,
to the best of my knowledge, no such other action or claim is pending therein;
5. That if I should learn thereafter that a similar action or proceeding has been
filed or is pending, I hereby undertake to report that fact within five (5) days
therefrom to the court or agency where the original pleading and sworn
certification contemplated herein have been filed;
6. I executed this verification/certification to attest to the truth of the foregoing
facts and to comply with the provisions of Adm. Circular No. 04-94 of the
Honorable Supreme Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

24th of September 2018, in the City of Iligan.

NASH D. MAGAY

SUBSCRIBED AND SWORN to before me this 24th day of

September, 2018, in the City of Iligan, affiant exhibiting to me his Driver’s
License No. 12345 issued by the Land Transportation Office on April 8,
2018 at the City of Iligan.

ATTY. MAGALANG N. BASTOS

Notary Public
Roll No.: 102132354
PTR No: 12345/2-5-18
IBP No.: 87654/12-22-17