REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT

SEVENTH JUDICIAL DIVISION
City of Iloilo
Branch 2

MICHELLE ROSS,
Plaintiff,
CIVIL CASE No. 76543
-versus- For: UNLAWFUL DETAINER

MICHAEL ZANE,
Defendant,
x-------------------------------------------x

COMPLAINT

COMES NOW, the plaintiff, through the undersigned counsel and unto
this Honorable Court, most respectfully avers that:

1. The Plaintiff, MICHELLE ROSS, is of legal age, Filipino citizen, single,

with residence and postal address at Block 7 Megaworld St., Mandurriao
Iloilo City;

2. The Defendant, MICHAEL ZANE, is likewise of legal age, Filipino citizen,

single, temporarily residing at 777 Tagbak Jaro, Iloilo City, where they
may be served with summons and other court processes;

3. The Plaintiff is the owner of a residential house at Ana Ros Village

Mandurriao, Iloilo City;

4. By virtue of a contract of lease, the Plaintiff leased unto the Defendant

the aforesaid residential house for a consideration of P50,000.00 per
month as rental to be paid within the first seven (7) days of each month
for a period of two (2) years from July 15, 2016 to July 15, 2018
inclusive, as evidenced by the contract of lease hereto attached as Annex
“A”;

5. Despite repeated oral demands, the Defendant failed to comply with the
terms and conditions of the contract specifically paragraph 5 and 10 of
the Terms and Conditions of the Contract of Lease;
 6. The check issued by Defendant as rental payment for the months of
January to April 2018 was dishonored by the issuing bank for
insufficiency of funds.

7. On May 7, 2018, the Plaintiff sent a demand letter ordering the

defendant to pay the unpaid rent and to vacate the residential house
which was received by the latter as shown in the registry return receipt
hereto attached as Annex “B”;

8. After said letter of demand was sent and received by the Defendant, the
latter still failed and refused to pay the agreed amount of rentals plus
the interest and to vacate the aforesaid residential house;

9. The Defendant still maliciously holds possession of the residential

house even after the expiration of the lease up to present despite
repeated oral and written demands made by the Plaintiff;

10. By reason of failure of the defendant to vacate the premises and to pay
the unpaid rentals, the plaintiff was compelled to file this complaint
engaging the services of counsel in the amount of P50, 000.00.

PRAYER
WHEREFORE, premises considered, it is most respectfully prayed unto
this Honorable Court that judgment be rendered in favor of the plaintiff and
that after judgment:

a. The Defendant shall vacate the residential house owned by the Plaintiff;

b. The Defendant shall be ordered to pay the amount of P 60,000.00 per

month inclusive of interest as compensation for the reasonable use of
the subject premises until they finally vacate the same;

c. The Defendant shall be ordered to pay damages which the Plaintiff may
be entitled to under the law;

d. The Defendant shall pay the Plaintiff the cost of the suit.

e. Such other reliefs and remedies under the premises are likewise prayed
for.

City of Iloilo, January 7, 2019.

ALIMARIN AND MACERO LAW OFFICE

Counsel for the Plaintiff
 Unit 07, Dominic Bldg. Tower II
Airport St., Mandurriao Iloilo City

BY:

MA. REGINA M. ALIMARIN

PTR No. 76543/15-07-12/Iloilo
IBP No. 34567/7-07-12/Iloilo
Roll of Attorney No. 76591
MCLE No. 345678

VERIFICATION/CERTIFICATION AGAINTS NON-FORUM SHOPPING

Republic of the Philippines )

City of Iloilo ) S.S.

I, MICHELLE ROSS, of legal age, Filipino citizen, single and resident of

Block 7 Megaworld St., Mandurriao Iloilo City after having been duly sworn to
in accordance with law do hereby depose and say:

1. That I am the Plaintiff in the above-entitled case;

2. That I have caused the preparation of the said complaint and have read
the allegations contained therein;
3. The allegations in the aforementioned complaint are true and correct of
my own knowledge and authentic records;
4. I hereby certify that I have not commenced any other action or
proceeding involving the same issues in any court, tribunal or quasi-
judicial bodies and, to the best of my knowledge, no such other action or
claim is pending therein;
5. That if I should learn thereafter that a similar action or proceeding has
been filed or is pending, I hereby undertake to report that fact within
five (5) days therefrom to the court or agency where the original
pleading and sworn certification contemplated herein have been filed;

IN WITNESS WHEREOF, I have hereunto affixed my signature this 7th of

January 2019, in the City of Iloilo.

MICHELLE ROSS
Affiant
CTC No. 7891011
 Issued On: December 20, 2018
Issued At: La Paz, Iloilo City

SUBSCRIBED AND SWORN to before me this 8TH day of December, 2017,

in the City of Iloilo, affiant exhibiting to me his Driver’s License No. 56789
issued by the Land Transportation Office on April 7, 2016 at the City of Iloilo.

ATTY. MARIA ALIMASAN

Notary Public
My Commission Expires Dec. 30, 2019
Roll of Attorney No. 45678
IBP No. 123477/2-7-12/Iloilo
PTR No. 76543/12-7-11/Iloilo

Doc. No. 2345

Page No. 3456
Book No. 1234
Series of 2018