Republic of the Philippines

Supreme Court
10th Judicial Region
REGIONAL TRIAL COURT OF MISAMIS ORIENTAL
Branch 20
Cagayan de Oro City

Mrs. SakuraChan,
Plaintiff,
Civil Case
No. 99999
- versus - For:
UNLAWFUL
DETAINER

123456789,
Defendants.
x------------------------------/

COMPLAINT

COMES NOW, the plaintiff together with the

undersigned counsel to this most honorable court,
MOST RESPECTFULLY STATES THAT;

1. The Plaintiff is of legal age, married and a resident of

Borkbork, Cagayan de Oro City. The Defendant is likewise
of legal age, married and temporary residing at Petersville
Subdivision, Cagayan de Oro City.
2. The Plaintiff is the owner of the two-storey house unit
located at the Borkbork, Cagayan de Oro City, and having
the residential address of PV 123 as evidenced by
pertinent documents like tax declaration and deed of sale.
( EXHIBIT A )
3. The Defendant is the lessee of the house unit that is
owned by the Plaintiff as evidenced by the written
contract of lease that both parties signed. (Exhibit B)
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4. The Plaintiff and the Defendant came up with a written

agreement of Lease on June 26, 2007, which they both
agreed upon and was duly signed by the two parties as
shown in their contract of lease. (Exhibit B)
5. Item No. 16 of the contract which the defendant signed
expressly provides that he will only be occupying the
property for one (1) year, after which, he will vacate the
house when that term expires. (Exhibit B)
6. The contract also provides that the defendant should
also take care of the property and its premises with the
utmost diligence.
7. On June 28, 2008, the plaintiff, after returning from
Japan, was surprised to discover that the defendant did
not vacate the property as he expected. Worse, he
installed a sari-sari store in the original building
structure of the house unit.
8. The plaintiff confronted the defendant about it but the
defendant claimed that it was a DEED OF SALE which
they signed and not a CONTRACT OF LEASE and
therefore, the defendant is the new owner of the house
unit.
9. On August 20, 2008, after continuous demands, the
defendant constantly refuses to vacate the house unit and
even invited relatives to stay with him.
10. The defendant willfully and maliciously violated the
agreement which they mutually agreed upon, and which
the defendant signed.

PRAYER
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WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court that judgment be rendered
in favor of the plaintiff and that after judgment;

a. The defendant shall vacate the house unit owned by

the plaintiff.
b. The defendant shall be ordered to pay P 120, 000 for
the Attorneys Fees.

Such other reliefs and remedies under the

premises are likewise prayed for.

Cagayan de Oro, Philippines, this 28th day of

September 2008.

ATEGA & KAGGERROH

LAW Counsel for the
Plaintiff
3rd Floor, Sailormoon Building
Crayon ShinChan
Streets
Cagayan de Oro City

By:

AMERICA M.
ATEGA
Roll No. 88888 04-15-
52
MCLE Compliance III No.
0000000
September 01,
2000
PTR No.
11111111
IBPR No.
2222222
Cagayan de Oro City
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VERIFICATION AND CERTIFICATION

I, Mrs. SakuraChan, of Legal age, married, Filipino Citizen

and a resident of Borkbork, Cagayan de Oro, after being
sworn according to law, hereby depose and state that;

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated
therein are true and correct of my personal knowledge
and/or on the basis of copies of documents and records in
my possession;
4. I have not commenced any other action or proceeding
involving the same issues 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;
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 that fact within five (5)
days therefrom to this Honorable Court.

Mrs. SakuraChan
Complainant
In witness thereof, I, AMERICA M. ATEGA , counsel of the plaintiff,
have herunto set my hand this 29th of September at Cagayan de Oro
City.

AMERICA M. ATEGA
Roll No. 88888 04-15-52
MCLE Compliance III No. 0000000
September 01, 2000
PTR No. 11111111
IBPR No. 2222222
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Cagayan de Oro City