Professional Documents
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COMPLAINT
COME NOW, plaintiffs by the undersigned counsel and unto this Honorable Court, most
1. Plaintiff CONCEPCION BALTASAR and MA. EDITA BALTASAR are both of legal age,
mother and daughter, and are presently residing in the United States of America. They are
Special Power of Attorney executed in his favour, hereto attached as Annexes “A” & “B”
and made integral parts hereof. Incidentally, Mr. JOMARI ALDEGUER is the property
manager of the plaintiffs. On the other hand, Defendant SHIRLEY B.. CASUGA and her
husband CHRISTOPHER CASUGA are both of legal age and are presently occupying
without legal right and authority a commercial unit with address at Unit 2071 Edison Street,
San Isidro, Makati City, where they may also be served summons and other court processes
Bautista Street, Barangay San Isidro, Makati City. As such, plaintiffs had been in the
lawful and peaceful possession of a commercial building including the aforestated address
2071 Edison Street, San Isidro, Makati City, until the day and incident in the following
paragraph hereof;
Page 02.
03. That on or about October 11, 2012, the former lessee of 2071 Edison Street., San
Isidro Makati City in the person of Merlie Bacierdo died. At the time of the commercial lease,
Merlie Bacierdo used the premises as a water refilling station under the business name, Space
Pure Drinking Water up to her untimely demise. However, prior thereto, Merlie Bacierdo
incurred rental arrears for the lease of the premises in the amount of P315,700.00 which covered
several months of back rentals at a monthly rental of P14,000 per month plus 5% penalty for
non-payment;
04. That as a matter of fact, plaintiffs, already readied for filing a Complaint for
Ejectment against then Merlie Bacierdo until her death superseded the filing of the case, which
05. Believing in the representation of her only daughter, herein defendant, Shirley B.
Casuga, that she would just retrieve some personal belongings of her mother, Merlie Bacierdo,
herein plaintiff property manager and attorney-in-fact allowed her daughter to gain access in the
unit for several days only for the purpose of allowing her to wind up her mother’s business and
prepare for her mother’s burial rites and then later to remove other personal effects at the
premises. However as the days and events unfolded and to the dismay of herein attorney-in-fact
and likewise of herein plaintiffs, that instead of unwinding and retrieving and finally vacating the
premises, defendants Shirley and her husband Christopher Casuga by means of strategy or stealth
occupied the premises and categorically stated that they would want to occupy the premises, to
which herein plaintiff property manager and administrator manifested their vehement objections
as the real owners thereof wanted as well to be restored in their possession, renovate the
06. That as a matter of fact, if only to encourage them to return the peaceful possession
of the premises to the plaintiffs, they were informed of the rental arrearages due from her mother
and that if she continues to ingratiate their presence in the premises, they would be charged the
back rentals due from her mother as her presence would be construed as a continuation of the
lease, but she and her husband refused to leave and surrender the premises back to the plaintiffs.
Page 03.
06. That herein plaintiffs have expressed their disgust and objection to the occupation by
herein defendants and have conveyed unto both defendants personally plaintiffs’ intention for
them to immediately vacate the premises and to pay the rental arrears incurred by deceased Mrs.
07. That since October 11, 2011 up to the present, defendant spouses have remained in
illegal possession of the said premises to the prejudice of the plaintiffs and against their consent
hereof;
08. That for their unlawful use of the premises wherein they continue to draw income
from the refilling station despite the fact that they have no authority to do so, they should be
charged in the meantime reasonable rental value for the use thereof at the rate of P20,000 per
month starting from October 11, 2011 up to the time they finally vacate the premises.
09. That moreover, for the unpaid rental obligations left by deceased Merlie Bacierdo,
defendants spouses should not be allowed to take out from the premises the aforesaid water
refilling apparatus, which actually belonged to Space Pure Drinking Water and not to the
PRAYER
01. Ordering the spouses defendants to vacate the premises in question and to restore the
possession thereof to plaintiffs;
02. Ordering the defendants to pay plaintiffs P20,000 a month per month from October
11, 2011 or from the time of forcible entry to the time possession is returned to
plaintiffs as reasonable rental;
03. Ordering the defendants not to remove from the premises the Space Pure Water
Refilling Apparatus, which will answer to the rental arrearages left by deceased
Merlie Bacierdo and Space Pure Drinking Water Station;
04. To pay the costs of suit.
Page 04.
1. That I am the plaintiff in the foregoing case and that I caused the preparation of the
above Complaint;
2. That I attest to the truth of all the allegations in the same Complaint of our own
personal knowledge;
JOMARI ALDEGUER
Affiant
SUBSCRIBED and SWORN to before me this ___ day of January 2012, affiant
exhibiting to me their government issued identification card _________________.
______________________________