Regional Trial Court National Capital Judicial Region METROPOLITAN TRIAL COURT Quezon City Branch ___, ROB

BARATHEON, Plaintiff, versus Civil Case No. ______ For : EJECTMENT WITH APPLICATION FOR ISSUANCE OF WRIT OF PRELIMINARY INUNCTION

GEOF LANNISTER, Defendant. x ----------------------------------- x COMPLAINT PLAINTIFF, by counsel, respectfully states that: A person deprived of the possession of any land or building by force, intimidation, threat, strategy, or stealth, or a lessor, vendor, vendee, or other person 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, express or implied, or the legal representatives or assigns of any such lessor, vendor, vendee, or other person may, at any time within one (1) 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. Unless otherwise stipulated, such action by the lessor shall be commenced only after demand to pay or comply with the conditions of the lease and to vacate is made upon the lessee, or by serving written notice of such demand upon the person found on the premises, or by posting such notice on the premises if no person be found thereon, and the lessee fails to comply therewith after fifteen (15) days in the case of land or five (5) days in the case of buildings. 1. Plaintiff is a Filipino of legal age, married and a resident of 5 Storm Street, Barangay Lupa, Quezon City; while Defendant is a Filipino, of legal age, single and currently resident of 23 Kings Street, Landing Compound, Quezon City, where he may be served with summons and other pertinent processes. 2. Plaintiff owns that property located at 23 Kings Street, Landing Compound, Quezon City which it leased to defendant under the terms and conditions stated in the Contract of Lease dated 1 January 2011, which contract expires on 31 December 2011. A copy of the contract is attached as ANNEX A.

3. Upon expiration of the contract, plaintiff informed defendant of his intention not to renew the lease as he use the property for an expansion of his printing business; plaintiff then asked defendant to

vacate the premises. A copy of plaintiffs letter to defendant is attached as ANNEX B.

4.

Despite demand duly made and received, defendant has

violently refused to vacate the premises and continues to occupy the property without plaintiffs consent. Resort to the Barangay conciliation system proved useless as defendant refused to appear before the Lupong Tagapamayapa. A Certification to File Action is attached as ANNEX C.

5. Defendants act of dispossession has caused plaintiff to suffer material injury because plaintiffs business expansion plans could not be implemented despite the arrival of printing machineries specifically leased for this purpose at the rental rate of Fifteen Thousand Pesos (Php 15,000.00) per month. Defendants continued occupation of the premises has also forced plaintiff to sue and to incur legal expenses amounting to Twenty Thousand Pesos (Php 30,000.00). ALLEGATIONS IN SUPPORT OF THE PRAYER FOR THE ISSUANCE OF A WRIT OF PRELIMINARY INJUNCTION The foregoing allegations are reproduced and repleaded herein by way of reference. Petitioners are entitled to the reliefs prayed for in the instant petition. Respondents continued unlawful possession of the aforesaid properties

owned by petitioners The court may grant preliminary injunction, in accordance with the provisions of Rule 58 hereof, to prevent the defendant from committing further acts of dispossession against plaintiff. A possessor deprived of his possession through forcible entry or unlawful detainer may, within (5) days from the filing of the complaint, present a motion in the action for forcible entry or unlawful detainer for the issuance of a writ of preliminary mandatory injunction to restore him in his possession. WHEREFORE, plaintiff respectfully prays for judgment in its favor by ordering defendant to vacate the property and peacefully turn over possession to plaintiff and for defendant to pay plaintiff the amount of PHP 90,000.00 representing rentals on the machineries for six (6) months and Fifty Thousand Pesos (Php 30,000.00) for Attorneys fees.

Other just and equitable reliefs are also prayed for.

Quezon City; _________________

(SGD.) Stannis Renly Counsel for Plaintiff

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING I, C.K. Hilfiger, of legal age, do hereby state that: I am the Chief Executive Office of Alis Di-yan Company and in such capacity, caused this Complaint to be prepared; I have read its contents and affirm that they are true and correct to the best of my own personal knowledge; I hereby certify that there is no other case commenced or pending before any court involving the same parties and the same issue and that, should I learn of such a case, I shall notify the court within five (5) days from my notice. IN WITNESS WHEREOF, I have signed this instrument on _____________. (SGD.) C.K. HILFIGER [SUBSCRIBED AND SWORN TO before me this ___ day of ____________, affiant exhibiting before me his CTC No. ________________ issued on _____________ at ____________________. (SGD.) N.O. TARIO Notary Public until December 31, 2002 PTR No. 11112233/1/05/02/QC

Doc. No. Page No. Book No. Series of 1999;]6

The highlighted and bracketed portion is a JURAT; this accompanies any notarized document that is declaratory in nature, as opposed to a notarized document that transmits rights or property, which must be accompanied by an ACKNOWLEDGMENT. Note that if the document is subscribed before a public officer duly authorized to take oaths, then there is no need for the affiant to produce a CTC nor for the entry into a Notarial Register; thus, the italicized portion of the JURAT is dispensed with but not the oath itself.