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Republic of the Philippines

METROPOLITAN TRIAL COURT


National Capital Judicial Region
Branch ____,Quezon City
Ian Alba,
Plaintiff,
CIVIL CASE NO. ______
-versusJun Miranda,
Defendant.
x-----------------------x

For: Unlawful Detainer


with writ of Preliminary Mandatory Injunction

COMPLAINT
COMES NOW, Plaintiff Ian Alba, through undersigned counsel, unto this
Honorable Court most respectfully alleges that:
1. Plaintiff, Ian Alba, is of legal age, Filipino, single and a resident of 9 South
Aguila, Green Cross Subdivision, Quezon City, where the plaintiff may be serve
with court processes;
2. The defendant, Jun Miranda, is of legal age, Filipino, single and a resident of 9
West Aguila, Green Cross Subdivision, Quezon City, where he may be served
with summons and other court processes;
3. Herein Plaintiff is the true, lawful, absolute owner and lessor of the house and lot
located in of 9 West Aguila, Green Cross Subdivision, Quezon City;
4. That on May 01, 2006, plaintiff entered into a written contract with defendant
whereby the former leased to the latter the above-described property for the
period of two (2) years, starting on May 1, 2006, for the monthly rental of fifty
thousand pesos (Php 50,000.00), copy of which contract of lease is attached
hereto as Annex A, made as an integral part hereof;
5. That by virtue of the said contract, Annex A, defendant took possession of the
property in question on May 1,2006, and he is still in possession of the same up to
the present time;
6. That the defendant failed to pay his monthly rentals from the months of January
01, 2007 up to the present which amounts to five hundred thousand (Php 500,
000.00) plus interest , and still continue to maintain his occupation and use of the
facilities despite demand of payment and/or leave the premise upon payment and
still refuses to vacate the property, in spite of repeated demands and a written
notice in advance thereof; a copy of Demand Letters both the initial and final
demand is hereby attached as Annex B-1 and B-2 of the complaint;
7. Plaintiff is constrained to bring this action against defendant and to retain the
services of a counsel to protect his rights therefore and incurred a considerable
sum of money for attorneys fee and other litigation expenses as may be proved in
the course of the proceedings of this case;

8. Likewise, the continuance of the possession by the defendant against plaintiffs


property would work grave injustice to the plaintiff and that great irreparable
damage and injury would result to him before the matter can be heard unless a
writ of preliminary mandatory injunction is issued;
9. Plaintiff is ready and willing to post a bond executed to defendant in the amount
to be fixed by this Honorable Court to answer for whatever damages defendant
may incur as a result of injunction.
WHEREFORE, it is respectfully prayed that a writ of preliminary mandatory injunction
be immediately issued by this Honorable Court for the performance of the defendant of a
particular act, that is to vacate the premises while pending litigation,
And after due hearing, judgment be rendered in favour of the plaintiff to wit:
a. Granting the Writ of preliminary mandatory Injunction permanent;
b. Ordering defendant to pay the plaintiff the amount of five hundred thousand (Php
500, 000.00) plus interest at the courts determination;
c. Ordering defendant to pay actual and compensatory damages to the plaintiff in the
amount to be presented during the trial;
d. To pay attorneys fee and the cost of this suit in the amount to be presented in the
course of the trial; and
e. To pay moral damages and exemplary damages to deter others from committing
the same in the amount to be presented during the trial.
Plaintiff further prays for such other relief the Honorable Court may deem just and
equitable in the premises.

Makati City, Philippines, October 01, 2007,


DEJADA AND ASSOCIATES
Lawyers and Notary Public
1234 suite
Makati, Manila

BY
ATTY. MARY JOY S. DEJADA
Counsel for the Plaintif
IBP No. 879870 * Makati City * 26 December
05
PTR No. 8978970 * Makati City * 29
December 05

Roll of Attorneys No. 08667 * Page 525 * Book


XXIV
MCLE Compliance No1- 0000066
Copy Furnished by personal service:
ATTY. LOVELY GRACE DUMARAO

Ramona Building Makati Manila


Received by: __________________
Date: ________________________

REPUBLIC OF THE PHILIPPINES)

CITY OF MANILA) S.S.


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

VERIFICATION/CERTIFICATION
I, IAN ALBA, of legal age, on oath, depose and state:
a.That I am the plaintiff in the above-entitled case;
b. That I have caused the preparation of the foregoing complaint;
c. That I have read and understood its contents and that the same are true and correct
to the best of my knowledge and belief.
d. That I have not theretofore commenced any petition or proceeding involving the
same issues in any court, tribunal, or quasi-judicial agency and to the best of my
knowledge, no such other petition is pending therein ; if there is such other
pending action or claim, a complete statement of the present status thereof; and if
I should thereafter learn that the same or similar action or claim has been filed or
is pending, I shall report that fact within five (5) days therefrom to the court
wherein my aforesaid petition has been filed.

AlbaIan
IAN ALBA
Affiant
PRC ID No.: 23234567
Issued at Manila City
Issued on 27 January 2007
SUBSCRIBED AND SWORN TO before me this 1st day of October 2007, in the
City of Manila after showing to me his competent evidence of identity indicated below
his name.
I HEREBY CERTIFY that I personally examined the affiant and I am satisfied
that she voluntarily executed and understood his declaration on the place and date above
written.
ATTY. MARY JOY S. DEJADA
Notary Public
Commission No.00145
My Commission expires on December 31,
2008
Until 31 December 2008
Law office address: Makati City
Roll of Atty.s No.: 08667
PTR No. 8978970
Issued on December 26, 2005
Issued at Makati City, Philippines
IBP No.879870
Issued on December 29, 2005
Issued by: IBP-Makati Chapter
MCLE Compliance No1- 0000066
Date Issued: January 3, 2006
Doc. No. __
Page No_

Book. No. _
Series of 2009
Date and Time Notarized: __________

ANNEX A

CONTRACT OF LEASE
KNOW ALL MEN BY THESE PRESENTS:
This Contract of Lease is made and entered into this May 01, 2006 at Quezon City
by and between:

IAN ALBA, of legal age, Filipino, single and a resident of 9 South Aguila, Green
Cross Subdivision, Quezon City, known as the LESSOR;
JUN MIRANDA, of legal age, Filipino, single and a resident of 123 St.,
Sampaloc Manila, known as the LESSEE.
WITNESSETH THAT:
WHEREAS, the lessor is the owner of a house and lot situated at 9 West Aguila, Green
Cross Subdivision, Quezon City.
WHEREAS, the lessee desires to lease the said house and lot and all the improvements
therein and the lessor agrees to lease the same to the lessee under the following terms and
conditions:
1. This contract of lease shall take effect beginning May 01, 2006, up to and until
May 01, 2008. The lessor has the option to renew this contract and if the lessee
would like to extend such lease, he may do so by a written request one month
before the extended time;
2. The herein lessee shall pay a monthly rental of Php. 50,000.00, due and payable
every 15th day of the month beginning August 1, 2006, thereafter. Upon the
signing and execution of this contract, the lessee shall pay the following:
a. Three months deposit equivalent to one hundred and fifty thousand
pesos (Php. 150,000.00), which shall be returned to the lessee at the
end of this lease. However, if there are unpaid bills, or if there are
damages caused by or inflicted to the leased property, this deposit shall
be held answerable to the same, and the lessor has the right to apply
the said deposit as payment for unpaid rentals and damages without
obtaining the consent or approval of the lessee;
b. Two (2) months advance rental equivalent to one hundred thousand
pesos (Php. 100,000.00).
3. After the expiration of this contract of lease, the parties shall negotiate the new
terms and conditions of the lease, particularly the amount of monthly rentals to be
paid to the lessor by the herein lessee;

4. The leased premises cannot and shall not be subleased by the lessee without the
written consent and authority of the lessor, nor can the lessee introduce any kind
of improvement in the leased premises without the written consent and approval
of the lessor;
5. The lessee is specifically prohibited to use the leased premises as a boarding
house and/or bedspace, or for any immoral or illegal activity, and only the lessee,
his immediate family members and child/children and authorized domestic
helpers may be allowed to stay in the leased premises;
6. The lessee undertake the repairs necessary for the building and to pay the electric
and water bills monthly;

7. The lessor or his agents are allowed to enter the leased premises to visit/view the
condition of the leased premises on any day during reasonable hours;
8. The lessee should surrender or yield up quietly and peacefully to the lessor the
leased premises at the termination of this lease contract, in the same condition as
he shall found the leased premises;
9. The lessee will free the lessor to reimburse him of any improvements made unto
the building but cannot thereafter remove them should it will affect the leased
premises;
10. The lessee shall comply with any and all laws, ordinances, regulations, orders of
the Homeowners Association;
11. The lessee shall not make any alterations or changes in the electrical installations
or in any other improvement within the leased premises without the prior written
authority and consent of the lessor. At the end of this lease, any and all
improvements shall belong to and shall be owned by the lessor. The lessee hereby
acknowledges that the leased premises are in good tenantable condition when the
leased property is delivered to him, and hereby agrees and binds herself/himself to
undertake exclusive expense, all repairs, necessary or otherwise, such as those
which are necessary to maintain the same in good and habitable condition;
12. In case of breach by the lessee of any of the terms of this contract, the lessor has
the right to eject the lessee from the premises and to collect and recover from him
all arrearages and damages, if there are any;
13. This contract take effect upon signed by the parties; and
14. No other agreements shall bind the parties unless consented by them mutually.

NOW THEREFORE:
The parties hereby affix their signature this 1st day of May 2006 at Quezon City
and that they voluntarily agrees on the stipulation above written and that the lessee
further agrees that the lessor reserves the right to bring proper civil and criminal action to
protect his rights in case the lessee fails or violate any stipulation therein.
IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of May,
2006 in Manila, Philippines.

Jun Miranda
Jun Miranda

Ian Alba
Ian Alba

Lessee
PRC ID No.: 23234567
Issued at: Manila City
Issued on: 24 January 2006

Lessor
GSIS ID No.: 45674567
Issued at: Manila City
Issued on: 27 September 2005

Signed in the presence of:

Ben Ladin

Sol Greingo

Ben Ladin

Sol Greingo

REPUBLIC OF THE PHILIPPINES)


CITY OF QUEZON
) S.S
x-------------- ----------x
AC KN OWLED G MENT
BEFORE ME, this 1st day of May 2006 at Quezon City, Philippines, personally
appeared Ian Alba and Jun Miranda, exhibiting to me their competent evidence of identity
indicated below their name, known to me and to me known to be the same persons who
executed the foregoing instrument and they acknowledge to me that the same is their own
free act and deed. This instrument consisting of 4 pages, including the page on which
this acknowledgement is written, has been signed on each and every page thereof by the
concerned parties and their witnesses, and sealed with my notarial seal.
WITNESS MY HAND AND SEAL, on the 1st day of May, 2006 at Quezon City,
Philippines.

DEJADA AND ASSOCIATES


Lawyers and Notaries Public
Quezon City
BY:
ATTY. MARY JOY S. DEJADA
Notary Public
Commission No.00145
My Commission expires on December 31,
2008
Until 31 December 2008
Law office address: Quezon City
Roll of Atty.s No.: 08667
PTR No. 8978970
Issued on December 26, 2005
Issued at Quezon City, Philippines
IBP No.879870
Issued on December 29, 2005
Issued by: IBP-Quezon Chapter
MCLE Compliance No1- 0000066
Date Issued: January 3, 2006
Doc. No. __
Page No__
Book. No. __
Series of 2009
Date and Time Notarized: __________
Copy Furnished and personal service:
ATTY. LOVELY GRACE DUMARAO
Ramona Building, Makati, Manila
Received by: __________________
Date: ________________________

ANNEX B-1

DEMAND LETTER
July 1, 2007
Jun Miranda
Lot no. 9 West Aguila
Green Cross Subdivision
Quezon City

Dear Sir:
Consider this letter as a demand for you to pay your unpaid rentals plus interest
otherwise vacate the premise on or before September 01, 2007. This will be my initial
demand for you and kindly give this matter your timely attention.

Thank You!

Ian Alba
Ian Alba
ANNEX B-2

DEJADA AND ASSOCIATES


Lawyers and Notary Public
1234 Suite
Makati, Manila

August 01, 2007


Jun Miranda
Lot no. 9 West Aguila
Green Cross Subdivision
Quezon City
Dear Sir:
Our client Ian Alba had referred to us his case as regards to your accrued
unpaid rentals for six (6) months plus interest, from January 01, 2007 up to
the present. Consider this letter as a demand for you to pay the amount due
which is four hundred thousand (Php. 400,000.00) plus interest due to delay
in your rental payments and to vacate the premises on or before September
01, 2007. The refusal to accede to this second and final demand letter will
prompt the undersigned to seek recourse before the courts of law for nonpayment of accrued rentals and refusal to vacate the premises.
Please give this matter your utmost and preferable attention.

DEJADA AND
ASSOCIATES
Lawyers and Notary Public
1234 Suite
Makati, Manila
BY:
ATTY. MARY JOY S. DEJADA
Counsel for Ian Alba

Copy Furnished and personal service:


ATTY. LOVELY GRACE DUMARAO
Ramona Building, Makati, Manila
Received by: __________________
Date: ________________________

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