Republic of the Philippines

MUNICIPAL TRIAL COURT

Cavite City

XXXX

Plaintiff,

Civil Case No. 55121

For: Unlawful Detainer

YYYY

Respondent.

x-------------------------------x

COMPLAINT

PLAINTIFF, by counsel, and unto this Honorable Court, most respectfully allege: THAT

1. Plaintiff is of legal age, Filipino, with residence and postal address at ___________ where she may
be served notices and other court processes;

2. Respondent is of legal age, Filipino, with residence and postal address at _____________;

3. Plaintiff is the absolute owner and lessor of that certain apartment situated in _______ and now
leased ad occupied by the respondent;
4. Pursuant to the lease contract (Exhibit A) executed by the plaintiff and the respondent dated
January 8, 2019, the respondent is obliged to pay a monthly rental payment of P20,000.00 to the
plaintiff;

5. A stipulation in the said lease contract provides that in case of default by the lessee of the payment
of the rent such as when the checks are dishonored, the plaintiff at its option may terminate this
contract and eject the lessee;

6. On November 28, 2019, the plaintiff tried to encash BDO Check No. ______ corresponding to the
rental payment for the month of January but the same was dishonored due to insufficiency of funds;

7. On the same day, plaintiff informed the respondent that the latter’s check was dishonored and
demanded that formed be paid in cash instead but the respondent failed to do so;

8. On the same day, plaintiff again went to the respondent and demanded for the payment of the two
dishonored checks and for respondent to vacate the premises but respondent failed to tender payment
and refused to vacate the premises;

9. On March 15, 2020, plaintiff, with assistance of a counsel, sent a formal demand letter
(Exhibit B) to the respondent giving him ten days to make his rental payment and vacate the premises

10. On March 25, 2020, at the expiration of the ten-day grace period given by the plaintiff,
the respondent still has not made his payment and consistently refused to vacate the apartments;

11. Until now, respondent still refuse to vacate and restore possession and pay his rentals.

12. Thus, respondent is unlawfully withholding possession of the subject apartment from
the plaintiff despite last and final demand, to the damage and prejudice of the plaintiff;

14. Before filing this complaint, the dispute has been referred to the Lupong
Tagapamayapa of Cavite City but the respondent failed to appear, hence, no amicable settlement was
made (Exhibit 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 apartment;

2. For the payment of ______________, Philippine currency, representing the arrears of rent now
overdue;

3. To pay the cost of the suit

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

Cavite City, Philippines, March 31, 2020.

ATTY. XYZ

Counsel for Plaintiff

Cruz & Associates Law Firm

117 Gamboa St., San Lorenzo, Cavite City

SUBSCRIBED AND SWORN to before me this 31st day of March 2020 at Cavite City, Philippines
affiant exhibiting to me her Passport No. 58158450 issued in DFA Manila 2020.

Doc. No.___________; ATTY. ABC

Page No.___________; NOTARY PUBLIC for Cavite

Book No.__________; Commission Serial No.______

Series of 2020. Until December 31, 2020

Roll of Attorney_______

IBP No.________

PTR No._______