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Republic of the Philippines

National Capital Judicial Region


Metropolitan Trial Court
Branch _______
Makati City

CONCEPCION BALTASAR and


MA. EDITA BALTASAR
Herein represented by:
JOMARI ALDEGUER & RAQUEL SUSANA DEL RIO,
Plaintiffs,

- Versus - Civil Case No. _____________


For: Forcible Entry

Sps. CHRISTOPHER & SHIRLEY CASUGA,


And all persons claiming rights under them.
Defendants.
X -------- -------------------------------x

COMPLAINT

COME NOW, plaintiffs by the undersigned counsel and unto this Honorable Court, most

respectfully state, that:

1. Plaintiff CONCEPCION BALTASAR and MA. EDITA BALTASAR are both of legal age,

mother and daughter, and are presently residing in the United States of America. They are

hereto represented by their Attorney-in-fact, Mr. JOMARI ALDEGUER, by virtue of a

Special Power of Attorney executed in his favour, hereto attached as Annexes “A” & “B”

and made integral parts hereof. Incidentally, Mr. JOMARI ALDEGUER is the property

manager of the plaintiffs. On the other hand, Defendant SHIRLEY B.. CASUGA and her

husband CHRISTOPHER CASUGA are both of legal age and are presently occupying

without legal right and authority a commercial unit with address at Unit 2071 Edison Street,

San Isidro, Makati City, where they may also be served summons and other court processes

of this Honorable Court;

2. Plaintiffs are registered owners of a lot and commercial/residential building located at

Bautista Street, Barangay San Isidro, Makati City. As such, plaintiffs had been in the

lawful and peaceful possession of a commercial building including the aforestated address

2071 Edison Street, San Isidro, Makati City, until the day and incident in the following

paragraph hereof;
Page 02.

03. That on or about October 11, 2012, the former lessee of 2071 Edison Street., San

Isidro Makati City in the person of Merlie Bacierdo died. At the time of the commercial lease,

Merlie Bacierdo used the premises as a water refilling station under the business name, Space

Pure Drinking Water up to her untimely demise. However, prior thereto, Merlie Bacierdo

incurred rental arrears for the lease of the premises in the amount of P315,700.00 which covered

several months of back rentals at a monthly rental of P14,000 per month plus 5% penalty for

non-payment;

04. That as a matter of fact, plaintiffs, already readied for filing a Complaint for

Ejectment against then Merlie Bacierdo until her death superseded the filing of the case, which

would have rendered the case moot and academic;

05. Believing in the representation of her only daughter, herein defendant, Shirley B.

Casuga, that she would just retrieve some personal belongings of her mother, Merlie Bacierdo,

herein plaintiff property manager and attorney-in-fact allowed her daughter to gain access in the

unit for several days only for the purpose of allowing her to wind up her mother’s business and

prepare for her mother’s burial rites and then later to remove other personal effects at the

premises. However as the days and events unfolded and to the dismay of herein attorney-in-fact

and likewise of herein plaintiffs, that instead of unwinding and retrieving and finally vacating the

premises, defendants Shirley and her husband Christopher Casuga by means of strategy or stealth

occupied the premises and categorically stated that they would want to occupy the premises, to

which herein plaintiff property manager and administrator manifested their vehement objections

as the real owners thereof wanted as well to be restored in their possession, renovate the

premises and establish their own business therein.

06. That as a matter of fact, if only to encourage them to return the peaceful possession

of the premises to the plaintiffs, they were informed of the rental arrearages due from her mother

and that if she continues to ingratiate their presence in the premises, they would be charged the

back rentals due from her mother as her presence would be construed as a continuation of the

lease, but she and her husband refused to leave and surrender the premises back to the plaintiffs.
Page 03.

06. That herein plaintiffs have expressed their disgust and objection to the occupation by

herein defendants and have conveyed unto both defendants personally plaintiffs’ intention for

them to immediately vacate the premises and to pay the rental arrears incurred by deceased Mrs.

Merlie Bacierdo by leaving the water refilling apparatus in the premises;

07. That since October 11, 2011 up to the present, defendant spouses have remained in

illegal possession of the said premises to the prejudice of the plaintiffs and against their consent

hereof;

08. That for their unlawful use of the premises wherein they continue to draw income

from the refilling station despite the fact that they have no authority to do so, they should be

charged in the meantime reasonable rental value for the use thereof at the rate of P20,000 per

month starting from October 11, 2011 up to the time they finally vacate the premises.

09. That moreover, for the unpaid rental obligations left by deceased Merlie Bacierdo,

defendants spouses should not be allowed to take out from the premises the aforesaid water

refilling apparatus, which actually belonged to Space Pure Drinking Water and not to the

defendant spouses herein.

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable Court that judgment be


rendered in favour of plaintiffs and against defendants spouses:

01. Ordering the spouses defendants to vacate the premises in question and to restore the
possession thereof to plaintiffs;
02. Ordering the defendants to pay plaintiffs P20,000 a month per month from October
11, 2011 or from the time of forcible entry to the time possession is returned to
plaintiffs as reasonable rental;
03. Ordering the defendants not to remove from the premises the Space Pure Water
Refilling Apparatus, which will answer to the rental arrearages left by deceased
Merlie Bacierdo and Space Pure Drinking Water Station;
04. To pay the costs of suit.
Page 04.

Makati City. January 16, 2012

Atty. MARIA LOURDES PAREDES-GARCIA


Counsel for the Plaintiffs
Wheels Executive Suites
Wheels Bldg., E. Rodriguez Sr. Ave.,
Quezon City
PTR No. 4645020 January 12/11 / Quezon City
IBP No. 828374/ January 10, 11 Rizal
Roll No. 33476
MCLE Compliance III – 00013449 April 20, 2010

VERIFICATION and CERTIFICATION

I, JOMARI ALDEGUER, of legal age, under oath, states:

1. That I am the plaintiff in the foregoing case and that I caused the preparation of the
above Complaint;

2. That I attest to the truth of all the allegations in the same Complaint of our own
personal knowledge;

3. In compliance to the Supreme Court circular against forum shopping, I hereby


certify that: a) I have not commenced any other action or proceeding involving the
same issues before the Supreme Court, or Court of Appeals, or any other tribunal or
agency; b) to the best of my knowledge, no such action or proceedings is pending in
the Supreme Court, Court of Appeals or any other tribunal or agency; c) If I should
learned that similar action or proceeding has been filed or is pending before such
tribunal or bodies, we shall report that fact within five (5) days therefrom to the
court or agency where the original pleading and sworn certification have been filed.

JOMARI ALDEGUER
Affiant

SUBSCRIBED and SWORN to before me this ___ day of January 2012, affiant
exhibiting to me their government issued identification card _________________.

______________________________

Notary Public Until

Doc. No. _______


Page No. _______
Book No. ______
Series of 2012