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-Republic of the Philippines

National Capital Region


METROPOLITAN TRIAL COURT
BRANCH ____
Makati City

ADVANCED FOUNDATION
CONSTRUCTION SYSTEMS
CORPORATION, as represented
by SUZETTE R. ESMA, CIVIL CASE NO. ________
Plaintiff, For: EJECTMENT

- versus -

GIANNI MODICA,
Respondent.
x----------------------- x

COMPLAINT
PLAINTIFF, by the undersigned counsel, and unto this
Honorable Court, most respectfully states that:

1. ADVANCED FOUNDATION CONSTRUCTION SYSTEMS


CORPORATION (AFCSC for brevity) is a corporation duly
organized and existing under and by virtue of the laws of the
Republic of the Philippines. Its principal business address is
located at Unit 12-B, 12th Floor Petron MegaPlaza Building,
358 Senator Gil Puyat Avenue, Makati City, where it could be
served with notices and court processes;

2. SUZETTE R. ESMA is the duly representative of AFCSC as


shown in the attached Secretary’s Certificate (ANNEX “A”
hereof). She is the Chief Finance Officer of AFCSC;

3. Plaintiff AFCSC is the owner of Condominium Unit 604


Somerset Tower I, Leveriza Street, Pasay Unit (UNIT for
short);

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AFCSC vs Modica
4. Respondent, GIANNI MODICA, is of legal age and with
postal address in the said UNIT where he could be served
with notices and court processes;

5. AFCSC and MODICA entered into a Contract of Lease


whereby MODICA would rent the UNIT. The Contract was
renewed twice, viz:

Term Monthly Rental


First Contract Six months ₱17,500.00
Second Contract Six months ₱15,000.00
Third Contract Six Months ₱15,000.00

6. Copies of the three Contract are hereto attached as ANNEXES


“B”, “C”, “D” and “E” hereof;

7. Before the second contract was renewed, Ms. Cristy B. Luyon


sent a demand letter to pay to MODICA. The letter pertains
to the accumulated unpaid rentals of ₱105,000.00. Ms. Cristy
B. Luyon is the AFCSC Finance Manager;

8. Attached hereto are the copies of the demand letter and return
card (ANNEXES “F” and “G”). The return card shows that
MODICA received the letter;

9. The renewal of the Contract was due to the kindness of Mr.


Ettore Rossi (AFCSC President). He personally knows
MODICA;

10.MODICA continuously incurred unpaid rentals. Despite his


promises, he refused to fulfill his promise to pay up to this
date. The rental arrearages of MODICA amounted to
₱570,000.00;

11.On July 18, 2013, a Demand to Vacate and to Pay Rentals was
sent to MODICA by personal service. He personally received
it on the same date with his signature on it. MODICA was
given ten days to vacate the property and to pay his unpaid
rentals. A copy of the demand letter is hereto attached as
ANNEX “H” hereof;
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AFCSC vs Modica
12.The ten-day period given to MODICA has expired. Until now,
MODICA refuse to vacate and restore possession and pay his
rentals. Clearly therefore, MODICA is unlawfully
withholding possession of the UNIT from AFCSC despite last
and final demand, to the damage and prejudice of the latter;

13.Section 1, Rule 70 of the Rules of Court provides:

“xxx a person deprived of the possession of any land or


building by xxx a lessor xxx against whom the possession of
any land or building is unlawfully withheld after the
expiration or termination of the right to hold possession, by
virtue of any contract, xxx, may, at any time within one year
after such unlawful deprivation or withholding of possession,
bring an action in the proper Municipal Trial Court against
the person or persons unlawfully withholding or depriving of
possession, or any person or persons claiming under them, for
the restitution of such possession, together with damages and
costs.”

14.In Fairland Knitcraft Corporation vs. Arturo Loo Poo1, the


Court has held that:

“A complaint sufficiently alleges a cause of action for


unlawful detainer if it recites the following: (1) initially,
possession of the property by the defendant was by contract
with or by tolerance of the plaintiff; (2) eventually, such
possession became illegal upon notice by the plaintiff to the
defendant of the termination of the latter’s right of possession;
(3) thereafter, the defendant remained in possession of the
property, and deprived the plaintiff of the enjoyment thereof;
and (4) within one (1) year from the last demand on defendant
to vacate the property, the plaintiff instituted the complaint
for ejectment.”

15.The dispute has been referred to the Lupong Tagapamayapa


of Barangay 12, Gil Puyat Avenue. However, MODICA failed
to appear hence, no amicable settlement was made. A
Certificate to File Action is hereto attached as ANNEX “I”
hereof.

1
GR No. 217694, January 27, 2016
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AFCSC vs Modica
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 the plaintiff and order the
respondent:

a. To vacate the property;

b. To pay the rental arrearages amounting to ₱570,000.00;

c. To pay the cost of the suit; and

d. To pay attorney’s fees in the amount of ₱150,000.00.

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

Makati City, Philippines, July 31, 2013.

PAGADUAN ABAN SANCHEZ VILUAN


LAW OFFICE & ASSOCIATES
Makati City

Republic of the Philippines )


Makati City ) S.S.

VERIFICATION
AND CERTIFICATION OF NON-FORUM SHOPPING

I, SUZETTE R. ESMA, of legal age, married, Filipino citizen, and


postal address at Unit 12-B, 12th Floor Petron MegaPlaza Building, 358
Senator Gil Puyat Avenue, Makati City, after having been duly sworn
to an oath, do hereby depose and state that:

1. I am the duly representative of Advanced Foundation


Construction Systems Corporation;
2. I have caused the preparation of the foregoing complaint;

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AFCSC vs Modica
3. I have read the contents thereof and the facts stated therein
are true and correct based on my personal knowledge and
authentic documents and records;
4. I have not commenced any other action or proceeding
involving the same issues and facts in the Supreme Court, the
Court of Appeals, or any other tribunal or agency;
5. To the best of my knowledge and belief, no such action or
proceeding is pending in the Supreme Court, the Court of
Appeals, or any other tribunal or agency; and
6. If I should thereafter learn that a similar action or proceeding
has been filed or is pending before the Supreme Court, the
Court of Appeals, or any other tribunal or agency, I undertake
to report the fact within five (5) days therefrom to this
Honorable Court.

IN WITNESS WHEREOF, I have hereunto set my hand this 31st


day of July, 2013 in Makati City, Philippines.

SUZETTE R. ESMA
Affiant

SUBSCRIBED AND SWORN to before me this 31st day of July,


2013 at Makati City, Philippines, affiant exhibiting to me her
Philippine Passport No. A123456 issued by DFA, Manila on August
10, 2012.

ATTY. JUAN DELA CRUZ


Notary Public

Doc. No. 12;


Page No. 12;
Book No. 1;
Series of 2013.

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AFCSC vs Modica
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AFCSC vs Modica