Republic of the Philippines

MUNICIPAL TRIAL COURT

Cebu City

MOIRAH JUDE TAG-IYA

Plaintiff,

Civil Case No. 0004

For: Unlawful Detainer

-versus-

GUSTO L. MAKALIBRE,
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, MOIRAH JUDE TAG-IYA is of legal age, Filipino, single, with residence and
postal address at W. Claro Street, Cebu City;

2. That the defendant, GUSTO L. MAKALIBRE is of legal age, Filipino, married with residence and
postal address at Karapatan Street, Cebu City, where he may be served summons and other
court processes;

3. Plaintiff is the absolute owner and lessor of that certain townhouse situated at Beverly Hills,
Cebu City and now leased and occupied by the Defendant;

4. The Defendant leases and occupies the said townhouse from March 1, 2014 until February 28,
2019 as agreed upon between the plaintiff and the Defendant in the lease contract executed
on March 1, 2014 under the express obligation to pay a monthly rental of P20,000.00;
(Contract of Lease attached as Annex “A”)

5. The lease contract of the Defendant for the occupation of the building has been terminated
on February 28, 2019 and has not been renewed or extended;

6. During the course of the Defendant’s occupation of the said townhouse, Defendant has failed
to pay his rentals for the months of June 2018 to February 2019;

7. Defendant has continued to occupy the said townhouse notwithstanding the fact that her
contract of lease has been terminated on February 28, 2017 thus depriving the plaintiff from
having the said townhouse leased by other persons;
 8. Several demands to vacate was made by plaintiff to Defendant, both oral and written
(Demand letter attached as Annex “B”), but Defendant refused to vacate the said townhouse
and return possession to the plaintiff;

9. Until now Defendant still refuses to vacate and restore possession and pay her rentals for the
months June 2018 to February 2018 during her occupation of the townhouse;

10. Thus, Defendant is unlawfully withholding possession of the subject townhouse from the
plaintiff despite last and final demand, to the damage and prejudice of the plaintiff;

11. Before filing of this complaint, the dispute has been referred to the Lupong Tagamayapa of
Barangay 143 but the parties failed to arrive at an amicable settlement; (Certificate to File
Action attached as Annex “C”)

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that
after due notice and hearing, judgment be rendered in favor of Plaintiff:

1. For the restitution of the abovementioned townhouse;

2. For the payment of ONE HUNDRED THOUSAND (PhP180,000.00) PESOS, representing the
arrears of rent now overdue;

3. To pay the costs for this suit.

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

Cebu City, Philippines, March 16, 2019

BAYANI AND ASSOCIACIATES LAW OFFICE

Heroes Street, Cebu City

By:

ATTY. JUAN C. DELA CRUZ

Roll No.: ____________

PTR No: ____________
IBP No.: ____________
MCLE Compliance No.: ____________
 VERIFICATION AND CERTIFICATE OF
NON-FORUM SHOPPPING

I, Moirah Jude Tag-iya, of legal age, Filipino, single, and a resident of W. Claro Street, Cebu City
after having been duly sworn to in accordance with law, hereby, depose and say:

1. That I am the Plaintiff in the above-entitled case and have caused this complaint for unlawful
detainer to be prepared; that I read and understood its contents which are true and correct
of my own personal knowledge and/or based on authentic records.

2. That I have not commenced any action of proceeding involving the same issue in the Supreme
Court, the Court of Appeals or any other tribunal or agency; that to the best of my knowledge,
no such action or proceeding is pending in the Supreme Court, the Court of Appeals or any
tribunal or agency, and that, if I should learn thereafter that a similar action or proceeding has
been filed or is pending before these courts of tribunal or agency, I undertake to report that
the fact to the Court within five (5) days therefrom.
IN WITNESS WHEREFORE, I have hereunto set my hand this 16th day of March 2019

Moirah Jude Tag-iya

Affiant

SUBSCRIBED AND SWORN to before me this_16th day of March, 2019.

NOTARY PUBLIC
ANNEX B

15 March 2019

GUSTO L. MAKALIBRE
Karapatan Street
Cebu City

Sir:

This is in connection with your unpaid rentals covering the period June 2016
to February 2017 in the total amount of P180,000.00 being referred to me
by Ms. Moirah Jude Tag-iya, the owner of the apartment you are occupying,
for legal action warranted under the circumstances.

Repeated demands were made upon you by my client to update your rental
arrearages in violation of the lease agreement and to vacate the premises
you are occupying, but you failed and refused and still fails and refuses to
vacate the same to the damage and prejudice of my client.

Accordingly, demand is hereby made upon you to pay the amount

of P180,000.00 directly to my client within FIFTEEN (15) days from
receipt of this letter. Otherwise, I will be constrained to file the necessary
legal action against you to protect my client's interest without further
notice.

Truly yours,

ATTY. JUAN C. DELA CRUZ

ANNEX “ A “