Republic of the Philippines MUN ICIPAL TRIAL COURT IN CITIES 9th Judicial Region BRANCH_______ Zamboanga City

JAINA HOBBS, Plaintiff , -versusTERESITA ENRIQUEZ-MAS, HER UNKNOWN SPOUSE ,and ALL PERSONS CLAIMING RIGHTS UNDER HER OR THEM, Defendants, x-----------------------------------------------------------x

CIVIL CASE NO.___________

-forEJECTMENT with DAMAGES

COMPLAINT COMES NOW, Plaintiff, by counsel, unto the honorable court, respectfully avers, that: 1. Plaintiff, Jaina Hobbs, if of legal age,, single/divorcee, Australian, herein being represented by her attorney-in-fact, Atty. Manuelito R. Luna, and may be served with the processes of the Honorable Court at Luna Law Office , Veterans Avenue, Tetuan, Zamboanga City; copy of the Special Power of Attorney is hereto attached as Annex A, to form an integral part hereof. 2. Defendant, Teresita Enriquez-Mas, is likewise of legal age, married, Filipino, with residence at Mas Compound, Sta. Maria, Zamboanga City, where she may be served with summons and other processes of the Honorable Court; 3. Defendants unknown spouse is being impleaded as party-defendant in as much as the 1997 Rules of Civil Procedure requires that Spouses sue and be sued jointly.; 4. Plaintiff is the owner of a parcel of land known as Lot No. 960-A-1-B and the residential building and other improvements standing thereon which property is situated in the Barangay of Sta. Maria, Zamboanga City, and more particularly described as follows: A parcel of land (Lot 960-A-1-B of the subd. Plan, Psd-09-004304, being a portion of Lot 960-A-1, LRC Psd- 228964, situated in the barrio of Sta. Maria, City of Zamboanga, Island of Mindanao, containing an area of THREE HUNDRED SIXTY SEVEN (367) SQUARE METERS, and covered by Transfer Certificate No. T-208,960 of the Register of Deeds of Zamboanga City; Copy of the Deed of Sale By Way of Extrajudicial Settlement executed by the former owner/s of the subject property a hereto attached as Annex B, to form an integral part hereof; 5. After acquiring the property, plaintiff discovered that the defendant, her spouse, and others claiming rights under her or them have been illegally detaining or occupying the premises which prevented her (plaintiff) from taking over and enjoying the use thereof; but because she (plaintiff) thought that they would voluntarily surrender the premises after the lapse of a few weeks or a month or two, she tolerated their occupation or possession; however, when it became evident that they would not vacate the same, she took no time through her attorney- in-fact to formally ask them to vacate the premises as evidenced by a Letter of Demand, Return Card, and Postal Certification hereto collectively attached as Annex C, to form an integral part hereof; 6. Despite receipt of said demand, defendant, her spouse, and those claiming rights under her or them refused and continuous to refuse, and fail to vacate the premises to the damage and prejudice of the plaintiff;

7. It bears emphasizing that in cases of tolerated possession, the deforciant occupant is bound by an implied promise to vacate the property or promises upon demand failing which would give the owner