REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT

City of Davao
Branch 1

Efren Te,
Plaintiff,
CIVIL CASE No. 1234-2019
-versus- FOR: Unlawful Detainer

Carlo Mamac,
Defendant.

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COMPLAINT

COMES NOW, the plaintiff, through the undersigned counsel and unto this
Honorable Court, most respectfully avers:
1. That the plaintiff, Efren Te married to Kristine Te, is of legal age,
Filipino citizen, with residence and postal address at 123 Benitez
Street, Bangkal, Davao City;
2. That the defendant, Carlo Mamac, is of legal age, Filipino citizen,
single, with residence and postal address at Bangkal, Davao City,
where they may be served with summons and other court processes;
3. The plaintiff is the owner of a lawful land embraced under Transfer
Certificate of Title No. T-14344 over which a house had been
constructed located 456 Modesto Bangkal, Davao City containing 200
square meters in land area;
4. The plaintiff had acquired the abovementioned property in year 2000
as evidenced by a deed of sale in favour of the latter which is hereto
attached as Annex 2;
5. The plaintiff had the property registered in the Register of Deeds
Davao a year after the purchased as evidenced by Transfer Certificate
of Title No. T-14344 hereto attached as Annex 1;
6. By virtue of the plaintiff’s kindness and compassion towards the
defendant who is a family friend and distant relative, the plaintiff
allowed defendant to stay with latter’s house after the defendant lost
his house due to a fire in 2018 with the promise that the defendant shall
vacate the house and lot ;
 7. The defendant has stayed in the house of the plaintiff since February
2018 until the present without any consideration but only with an
agreement that the defendant shall preserve and look after the
property during his temporary stay as evidence by the Memorandum
of Agreement marked as Annex 3;
8. On December 1, 2018, the plaintiff informed and sent a letter of
demand to the defendant to vacate the house which was received by
the latter as shown in the registry return receipt hereto attached as
Annex 4;
9. Despite said letter of demand which was repeated by oral demands,
the defendant failed and still refused to vacate the house and the land
itself;
10. 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 P10,000.00.

WHEREFORE, premises considered, it is most respectfully prayed unto this

Honorable Court that, after hearing, judgment be rendered ordering the
defendant:

1. To vacate the subject premises;

2. 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;
3. To pay the plaintiff the cost of the suit.
City of Davao, September 24, 2019.

Group 1 Law office

Counsel for the Plaintiff
Unit 123, 8th floor
Abreeza Corporate Tower, Davao city

By:
Atty. Christine Sabella
Roll of Attorney No. 98765
IBP No. 12345/2-5-12/Davao
PTR No. 87654/12-22-11/Davao
 VERIFICATION/CERTIFICATION OF FORUM SHOPPING

Republic of the Philippines )

City of Davao ) S.S.

I, Efren Te, of legal age, Filipino citizen, single and resident of 123 Benitez Street, Bangkal,
Davao City, after having been duly sworn to in accord Nance 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 January 16th 2019, in
Davao City.

Efren Te

SUBSCRIBED AND SWORN to before me this January 16th 2019, in the City of Davao
affiant exhibiting to me his Driver’s License No. 12345 issued by the Land Transportation Office
on April 8, 2018 at the City of Davao.

Atty. Christine Sabella

Notary Public
My Commission Expires Dec. 31, 2018
Roll of Attorney No. 34567
IBP No. 12345/2-5-18/Davao
PTR No. 87654/12-22-20/Davao

Doc. No. ________

Page No. _______
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Series of 2019