REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
PASIG CITY
BRANCH ______

FILINVEST LAND, INC.,

Plaintiff,

-versus- CIVIL CASE NO. _______

For: Ejectment and Damages

VIRGILIO SARTE RAMOS

and All Persons Claiming Right
Under Him and/or in Possession
Of the Subject Property,
Defendants.
x-------------------------------------------------------------------------------------------------x

COMPLAINT

Plaintiff FILINVEST LAND, INC.1, by counsel, respectfully states:

1. FLI is a corporation duly organized and existing under

Philippine laws with principal place of business at Filinvest Building, 79
EDSA, Barangay Highway Hills, Mandaluyong City, Metro Manila. It may
be notified of the proceedings in this case through the undersigned counsel.

2. Defendant Virgilio Sarte Ramos2 is of legal age, Filipino, and

with residence at Unit 316 Jayapura Building, Bali Oasis, Phase 2, Marcos
Highway, Santolan, Pasig City, where he may be served with summons and
other processes of this Honorable Court. The other defendants are any other
person in possession of the subject property, either claiming right under
defendant or by forcible entry, and may likewise be served with summons
1 Hereafter, “FLI.”
2 Hereafter, “defendant.”
and other processes of this Honorable Court at the same aforementioned
address.

Allegations Common to All Causes of Action

3. FLI is a real estate developer with several condominium projects,

one of which is Bali Oasis Phase 2, where Unit 316 Jayapura Building, Bali
Oasis Phase 23 is located, covered by Condominium Certificate of Transfer
No. 011-2012007386 and registered in the name of FLI. Being the registered
owner, FLI has title and prior possession of the subject property.4

4. On February 17, 2016, defendant offered to purchase by

installment the subject property from FLI and the terms thereof are
embodied in the Purchase Application Form.5

5. After paying some of the monthly installments agreed in the

aforesaid PAF, FLI allowed defendant to possess the subject property on the
condition that he would continue paying the monthly installments until the
purchase price is paid in full.

6. With FLI’s consent, defendant took possession of the subject

property. Beginning _____________, however, defendant failed and/or
refused to make any more payments on the subject property without lawful
cause or excuse.

7. Defendant’s installment payments, inclusive of the down

payment, failed to reach 2 years of installment payments. Thus, he is not
entitled to refund under Republic Act No. 6552, otherwise known as the
“Maceda Law.”

FIRST CAUSE OF ACTION

3 Hereafter, “subject property.”

4 A certified copy of Condominium Certificate of Title No. 011-2012007386 is attached hereto as Annex
“A.”
5 Hereafter, “PAF.” A certified copy of Purchase Application Form is attached hereto as Annex “B.”
 FLI repleads the foregoing averments as may be material and
necessary hereto.

8. Defendant failed and refused to pay the agreed monthly

installments, despite demands made by FLI.

9. After giving defendant several opportunities and grace periods

to update his account, he completely stopped paying his obligation to FLI.
Thus, FLI served its final notarized Notice of Cancellation dated April 6, 2017
personally and by registered mail on the defendant on _____________.6

10. By operation of law, the cancellation became effective 30 days

from defendant’s receipt of the notarized Notice of Cancellation or on
______________.

11. With the non-payment of their obligation, defendant and any

person claiming right under him have no more right to possess the subject
property. Thus, on ______________, FLI personally served its Notice to
Vacate dated July 17, 2017 on defendant demanding that he vacate the
subject property and pay reasonable rent and turn over the possession of the
subject to FLI.7

12. FLI has the right as registered owner to recover and for the
defendant to peacefully vacate and return possession of the subject property.

SECOND CAUSE OF ACTION

FLI repleads the foregoing averments as may be material and

necessary hereto.

13. Defendant’s unjustified failure and refusal to vacate the subject

property has caused damage and injury to FLI which has been unlawfully
deprived of its rightful possession, enjoyment and use of its own property.
Defendant is liable to FLI for reasonable rent of at least P20,000.00 per month
6A copy of notarized Notice of Cancellation is attached hereto as Annex “C.”
7 A copy of FLI’s Notice to Vacate dated July 17, 2017 and defendant’s acknowledgment receipts are
attached hereto as Annexes “D” and “D-1.”
starting from the date of extrajudicial demand until they vacate and
surrender possession of the subject property to FLI.

THIRD CAUSE OF ACTION

FLI repleads the foregoing averments as may be material and

necessary hereto.

14. Due to the failure of the defendant to vacate the subject property
and pay the rents thereof, FLI was constrained to engage the services of
counsel for which it must be compensated in an amount of at least P20,000.00
by way of attorney’s fees and costs of suit.

RELIEF

WHEREFORE, in view of the foregoing premises, FLI respectfully

prays that this Honorable Court renders judgment as follows:

a) On the First Cause of Action – holding that FLI, being the

registered owner and having the prior possession of the subject property,
has the legal and lawful possession thereof, and ordering defendant to
vacate the property and deliver the possession thereof to FLI.

b) On the second cause of action – ordering defendant to pay FLI

rent as reasonable compensation for his use and possession of the subject
property in the amount of at least P20,000.00 a month starting from the date
of extra-judicial demand until his final eviction therefrom.

c) On the third cause of action – directing defendant to pay FLI the

amount of at least P20,000.00 by way of attorney’s fees and cost of suit.

FLI also prays for other just or equitable relief.

Mandaluyong City for Pasig City, November ____, 2018.

 LEOGARDO & MAGTANONG
Counsel for Filinvest Land, Inc.
6th Floor Filinvest Building
No. 79 EDSA Highway Hills
1550 Mandaluyong City
Tel. No.: (632) 918-8188 local 6124

By:

JUNE G. TENTATIVA
Roll of Attorneys No. 57867
IBP No. 024688/01-09-2018/Northern Samar
PTR No. 2705696/01-11-2018/Mandaluyong City
MCLE Compliance No. V-0023818
Email: june.tentativa@filinvestland.com

Copy furnished:

VIRGILIO SARTE RAMOS

Unit 316 Jayapura Building,
Bali Oasis, Phase 2, Marcos Highway,
Santolan, Pasig City

EXPLANATION

The foregoing Complaint was served by registered mail instead of

personal service due to lack of available personnel to deliver the same, as
well as time and distance constraints.

JUNE G. TENTATIVA
 AFFIDAVIT OF SERVICE AND FILING

I, GERMIE R. ARELLANO, with office address at Filinvest Building, 79 EDSA

Highway Hills, Mandaluyong City, after being duly sworn, state that:

On _________________, I served by registered mail a copy of the foregoing

Complaint for the case of “Filinvest Land, Inc. vs. Virgilio Sarte Ramos”, in accordance with
Rule 13 of the 1997 Rules of Civil Procedure, by depositing copies thereof at the
_________________________________, and with instructions to the postmaster to return
the mail to the sender after ten (10) days if undelivered, to the following addressees:

VIRGILIO SARTE RAMOS

Unit 316 Jayapura Building,
Bali Oasis, Phase 2, Marcos Highway,
Santolan, Pasig City

GERMIE R. ARELLANO
Affiant

SUBSCRIBED AND SWORN to before me, a Notary Public for and in

__________________, Philippines on __________________ by affiant, known to me to be
the same person who executed the foregoing, and whose identity I have confirmed
through SSS No. 33-2716879-0, bearing his photograph and signature.

Doc. No.: ___;

Page No.: ___;
Book No.: ___;
Series of 2018.
 VERIFICATION/CERTIFICATION

I, REYNALDO JUANITO S. NIEVA II, of legal age, Filipino and with office
address at No. 79 EDSA Highway Hills, Mandaluyong City, Metro Manila, on oath, state:

1. I am the First Vice President of Filinvest Land, Inc. (“FLI”), a corporation

duly organized and existing under the laws of the Philippines with principal place of
business at Filinvest Building, 79 EDSA, Highway Hills, Mandaluyong City.

2. I am duly authorized to cause the preparation and filing of the foregoing

Complaint as well as to verify the same.

3. I have caused the preparation of the foregoing Complaint. I have read and
understood the contents of the Complaint and I hereby certify that the allegations
contained therein are true and correct based on my personal knowledge as well as on
authentic records in our possession.

4. I further certify that FLI has not commenced any similar action or
proceeding involving the same issues or parties in the Supreme Court, the Court of
Appeals, or any other court, tribunal, or agency, and that to the best of my knowledge,
no such action or proceeding is pending.

5. If I should learn hereafter that a similar action or proceeding has been filed
or is pending before the Supreme Court, the Court of Appeals, or any other court,
tribunal, or agency, I undertake to report such fact within five days therefrom to this
Honorable Office.

IN WITNESS WHEREOF, I hereby affix my signature this ___ day of November

2018 in Mandaluyong City.

REYNALDO JUANITO S. NIEVA II

Affiant

SUBSCRIBED AND SWORN to before me, a Notary Public for and in Mandaluyong City,
Philippines on ___________________, by affiant, known to me to be the same person who
executed the foregoing, and whose identity I have confirmed through his Tax
Identification No. __________________, bearing his photograph and signature.

Doc. No.: ___;

Page No.: ___;
Book No.: ___;
Series of 2018.