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Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION


METROPOLITAN TRIAL COURT
Hall of Justice, Pasay City, Metro Manila
Branch ____

Advanced Foundation
Construction Systems Corporation
(AFSC), represented by Ms. Suzette
R. Esma, Chief Finance Officer, Civil Case No. ______
Plaintiff, FOR: Ejectment
-versus-
Gianni Modica,
Defendant.
x---------------------------------------------x

COMPLAINT

PLAINTIFF, by counsel, respectfully states that:

The Parties

1. The Plaintiff is a corporation duly organized and existing under


and by virtue of the laws of the Republic of the Philippines with
business address at Unit 12-B, 12th Floor Petron MegaPlaza
Building, 358 Senator Gil Puyat Avenue, Makati City. Ms.
Suzette R. Esma, Chief Finance Officer, is authorized to act in
behalf of the corporation per Secretary’s Certificate herein
attached as Annex “A” and made an integral part of this
complaint;

2. The defendant is of legal age, a foreigner and with address at


Unit 604 of Somerset Tower I, Leveriza Street, Pasay City, where
he may be served with summons and other court processes;

The Facts

3. Plaintiff is the owner of Condominium Unit 604 Somerset Tower


I, Leveriza Street, Pasay City, which it leased to defendant under
the terms and conditions stated in the Contract of Lease dated
October 30, 2007, which contract expired on April 30, 2008. A
copy of the contract is attached as Annex “B” and made an
integral part of this complaint;

4. Defendant incurred some unpaid rentals, however, considering


that defendant and Mr. Ettore Rossi, the President of AFCSC,
knew each other, defendant renewed the lease contract under the
same terms and conditions and for a lesser monthly rental of
Fifteen Thousand Pesos (Php 15,000.00) for the period of six (6)
months from November 10, 2008 up to May 9, 2009. A copy of
the contract is attached as Annex “C” and made an integral part
of this complaint;

5. Defendant did not comply with the contract specifically the


payment of the rentals. Hence, on June 8, 2009, Ms. Cristy B.
Luyon, Finance Manager of AFCSC, sent a demand letter with
the same date to the defendant to pay the Php 105,000.00 unpaid
rentals as of that date. It was sent through registered mail and it
was received personally by the defendant as appearing in the
return card. Copies of the letter and the return card are attached
as Annex “D” and made integral part of this complaint;

6. Defendant paid only a certain amount just to comply.


Eventually, the lease contract expired, and though defendant
had still some unpaid rentals, he requested its renewal and
promised to settle his unpaid rentals. With such promise and the
fact that defendant and Mr. Rossi knew each other, the lease
contract was renewed under the same terms and conditions at a
monthly rental of Fifteen Thousand Pesos (Php 15,000.00), and
this renewed lease contract covers the period of six (6) months
from May 10, 2011 up to November 9, 2011. A copy of the
contract is attached as Annex “E” and made an integral part of
this complaint;

7. Defendant still defaulted in paying the accruing monthly rentals,


and despite the grace period to update his rental payments and
to pay all the monthly rentals due, he failed and continuously
had not done so. The rental arrearages of the defendant as of July
9, 2013 amounted to Five Hundred Seventy Thousand Pesos
(Php 570,000.00) which cover the period of July 2008 to January
2009, and from January 2011 up to the last sending of the
Demand to Vacate and Pay Rentals on July 18, 2013 or about 38
months already;

8. A Letter of Final Demand to vacate and Pay Rentals was sent to


the defendant last July 18, 2013 and was received personally by
him on the same day. Despite demand duly made and received,
defendant keeps on ignoring and continues to default in the
payment of his obligations. A copy of the letter is attached as
Annex “F” and made integral part of this complaint;

9. Resort to the Barangay Conciliation system proved useless as


defendant refused to appear before the Lupong Tagapamayapa.
A Certificate to file Action is Attached as Annex “G” and made
an integral part of this complaint.

Prayer

WHEREFORE, plaintiff respectfully prays for judgment in her


favor by ordering defendant to vacate the property and peacefully turn
over the possession to plaintiff and for defendant to pay plaintiff the
amount of Five Hundred Seventy Thousand Pesos (Php 570,000.00)
representing unpaid rentals for 38 months and to pay the costs for this
suit.

Other just and equitable reliefs are also prayed for.

Pasay City, Philippines, July 31, 2013

ATTY. JANICE P. BORJA


Counsel for Plaintiff
5th Floor Arellano Business Tower,
Pasay City, Metro Manila
Attorney’s Roll No. 60317
IBP OR No. 06037-01/03/08-Pasay
PTR No. 3216549 / 01-03-
2017/Pasay
MCLE Compliance No. III-
00827/10-16/17
VERIFICATION AND CERTIFICATION

I, Suzette R. Esma, of legal age, Chief Finance Officer of


Advanced Foundation Construction Systems Corporation (AFSC)
with business address at Unit 12-B, 12th Floor Petron MegaPlaza
Building, 358 Senator Gil Puyat Avenue, Makati City after having been
duly sworn, depose and state that:

1. I am the Plaintiff in the foregoing Complaint;

2. I caused the preparation of the Complaint, which I have fully


read and understood;

3. I hereby affirm that all factual allegations contained in said


Complaint are true and correct of my own personal knowledge
and belief, as well as true and correct on the basis of authentic
documents and records in my possession;

4. I certify that I have not commenced any action or filed any claim
involving the same issues in any court, tribunal or quasi-judicial
agency;

5. To the best of my knowledge, no such other action or claim is


pending therein. If there is such other pending action or claim, a
complete statement of the present status thereof; and

6. If I should thereafter learn that a similar action or proceeding has


been filed or is pending before any court, tribunal, or quasi-
judicial agency, I shall report that fact within five (5) days from
knowledge thereof to this Honorable Court.

SUZETTE R. ESMA
Affiant
Subscribed and Sworn to before me this 31st day of July 2013 at
Pasay City, affiant exhibiting to me his Social Security Service ID No.
12345 issued on March 13, 2009 at Pasay City

Notary Public

Doc No.: 1
Page No.: 2
Book No.: 3
Series of 2013