REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION

MUNICIPAL TRIAL COURT IN CITIES
BAGUIO CITY
BRANCH ___

SPS. AMADO DELMENDO

and FELICIA DELMENDO,
Plaintiff,
Civil Case No.:
-versus- ___________________
For: Unlawful Detainer
SPS. PAOLO OCAMPO and
CASSANDRA BARRETO OCAMPO,
Defendant,
X----------------------------------------------------------X

COMPLAINT

With all due respect to the Honorable Court.

The Plaintiffs through the undersigned counsel and unto the

Honorable Court, most humbly and respectfully make the following
averments, that:

1. The Plaintiffs, SPS. AMADO DELMENDO and FELICIA

DELMENDO, are both of legal age, married, Filipino citizens
and a resident of No. 25 St. Jude, Petersville Subdivision, Camp
7, Baguio City. They may be served with processes emanating
from the Honorable Court through the undersigned counsel
whose address is indicated therein;

2. The Defendants, SPS. PAOLO OCAMPO and CASSANDRA

BARRETO OCAMPO, are both of legal age, married, Filipino
citizens, and a resident of No.251 Paragon Residences,
Mandaluyong City where they may be served with summons
and other court processes;

3. The plaintiffs are the registered owners of a two-storey house

located at Rainbow Hills Subdivision, Baguio City, which is
erected on the lot covered by Transfer Certificate of Title No.
T-4321 issued by the Register of Deeds of Baguio City;

Transfer Certificate of Title No. T-4321 registered in the name

of the Plaintiffs is hereto marked and attached as “Annex A”
and made an integral part hereof.

4. On 24 February 2021, the parties executed a Contract of Lease

over the said house and lot for a period of one (1) year,
 renewable every year. The said contract includes a stipulation
prohibiting subleasing, particularly stated in Paragraph “h”
thereof.

The Contract of Lease executed by parties covering the said

house and lot dated 24 February 2021 is hereto marked and
attached as “Annex B” and made an integral part hereof.

5. On 1 March 2021, the Defendants leased out the property to

Marnie Santos, under the same terms as their lease, contrary to
the provisions of their Contract of Lease with the Plaintiffs not
to sublease the property.

6. On 5 March 2021, when the Plaintiffs visited the subject

property, they were appalled to find out that the defendants
subleased the said property to a certain Marnie Santos.

7. Agitated, Plaintiffs, through Atty. Abegaile S. Luciano,

Plaintiff’s retained counsel, sent a notice to vacate to the
Defendants and for the latter to immediately terminate their
sublease agreement therein. However, the latter only defied and
ignored the demand of the Plaintiffs.

The notice to vacate dated 5 March,2021 sent by the retained

counsel of the Plaintiffs to the defendant is hereto marked and
attached as “Annex C” and made an integral part hereof.

8. The refusal of the Defendants to vacate the subject house and

lot even after receipt of the notice to vacate and the sublease
therein causes damage and prejudice to the Plaintiffs, and to
protect their rights and interest therein, they have no other
recourse but to seek the intervention of the Honorable Court
and to hire the undersigned counsel where he agreed to pay the
amount of Fifty Thousand Pesos (PhP50,000) as Attorney’s
fees;

PRAYER

WHEREFORE, premises duly considered, it is most respectfully

prayed unto the Honorable Court that, after hearing and judgment be
rendered ordering the defendants:

1. To compel the sublessee to vacate the subject premises and

remove their belongings from the property duly registered in
the name of the plaintiffs;
 2. To pay compensation for the reasonable use of the subject
premises until they finally vacate the said premises, in an
amount to be determined by the Honorable Court; and

3. To pay the plaintiffs the costs of the suit and attorney’s fees in
the amount determined by the Honorable Court;

Such other reliefs as may be just and equitable are likewise prayed
for.

City of Baguio, 12 April, 2020.

ALOO, LAZARO & LUCIANO LAW OFFICE

Counsel for the Plaintiffs
Unit 5 & 6, Ground Floor, Juniper Building,
A. Bonifacio Street, Baguio City
(074)-300-3778

By:

Abegaile S. Luciano
Roll No. 72179; July 25, 2020; Manila
PTR No. 626127; January 8, 2021; Baguio City
IBP No. 991226; January 7, 2021; Baguio-Benguet
MCLE No. 060393; January 7, 2021

Republic of the Philippines)

In the City of Baguio ) S.S.

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

We, AMADO DELMENDO and FELICIA DELMENDO, of legal

age, married, Filipino citizens and with address at No. 25 St. Jude,
Petersville Subdivision, Camp 7, Baguio City, under oath hereby depose and
state that:

1. We are the Plaintiffs in the above entitled case;

2. We have read and caused the preparation of herein complaint and the
same is true to my own knowledge and based on authentic documents;
3. We hereby certify that we have not commenced any other action
involving the same issues in other tribunals, judicial and quasi-judicial
bodies, and there is no pending the same action in the said tribunals, should
the same be discovered I will inform the court within five (5) days thereof.

In witness whereof, we have hereunto set our hands and signature this
12th day of April 2021 in Baguio City, Philippines.

AMADO DELMENDO FELIZA DELMENDO

Affiant Affiant
TIN: 675-987-239 TIN: 123-456-123

Subscribed and Sworn to before me this 12th day of April 2021 in

Baguio City. Affiants personally appeared before me for the execution of
this document and they presented to me competent proof of his identity as
indicated below their name.

Abegaile S. Luciano
Notary Public for Baguio City
until December 2021
Roll No. 72179; July 25, 2020; Manila
PTR No. 626127; January 8, 2021; Baguio City
IBP No. 991226; January 7, 2021; Baguio-Benguet
MCLE No. 060393; January 7, 2021

Doc No. 6;
Page No. 3;
Book No. I;
Series of 2021.
ANNEX A-1

AMADO DELMENDO and FELICIA DELMENDO

ANNEX A-2
 ANNEX B-1

CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENTS:

This Contract of Lease, made and entered into by and between:

Spouses AMADO DELMENDO and FELICIA DELMENDO, of legal

ages, both Filipino, and with residence and postal address at No. 25 St. Jude,
Petersville Subdivision, Camp 7, Baguio City, Philippines, hereinafter
referred to as “LESSOR”;

-AND-

Spouses PAOLO OCAMPO and CASSANDRA BARRETO OCAMPO

and of legal ages, both Filipino, and with residence and postal address at
No.251 Paragon Residences, Mandaluyong City, Philippines, hereinafter
referred to as the “LESSEE”:

WITNESSETH:

The LESSOR are the owners of a two-storey house located at Rainbow

Hills Subdivision, Baguio City, which is erected on the lot covered by
Transfer Certificate of Title No. T-4321 issued by the Register of Deeds of
Baguio City;

WHEREAS, the LESSEE has offered to lease the house and the LESSOR
has agreed to lease the same to LESSEE;

NOW THEREFORE, for and in consideration of the foregoing premises and

of the terms and conditions hereinafter set forth, the LESSOR and the
LESSEE hereby agree as follows:
ANNEX B-2

a) TERM OF LEASE – This Contract of Lease shall be for a term of 1

year commencing 01 March 2021 until 28 February 2022. This
Contract of Lease may be renewed yearly upon the written agreement
of the LESSOR and the LESSEE and under such terms and conditions
as may be acceptable to both parties, provided that the LESSEE shall
have faithfully complied with all the terms of this Contract of Lease,
 and the LESSEE shall have notified the LESSOR in writing of its
intent to renew the Contract of Lease at least thirty (30) days prior to
the expiration of its term. In the event the LESSOR and the LESSEE
are unable to agree on the terms and conditions under which this lease
shall be renewed within the ninety-day period prior to the expiry of
this Contract of Lease, this Contract of Lease shall be automatically
terminated and the LESSOR shall be entitled to the rights granted
under this contract by reason of such termination.

b) RENT PAYMENT – In consideration of the lease, LESSEE shall pay

to LESSOR a rental fee of FORTY-FIVE THOUSAND (Php
45,000.00) Philippine currency payable every 5th day of the month.

c) DEPOSIT AND ADVANCE PAYMENT – The LESSEE shall give

a one-month security deposit and one-month advance rental to the
LESSOR at the beginning of the lease. The security deposit is
returned by the LESSOR upon the termination of this Contract of
Lease, after deductions for repairs and unpaid bills have been made.

d) USE AND PURPOSE OF THE LEASED PROPERTY – The

leased property shall be used by the LESSEE itself only for residential
purposes. The LESSEE shall not divert the leased property to other
uses, without the prior written consent of the LESSOR, it being
expressly agreed that if, at any time during the term of this lease and
without the prior written consent of the LESSOR, the said property
was used for purposes other than what has been agreed upon, the
LESSOR shall have the option to (i) cancel this Contract of Lease and
the LESSOR shall and thereupon become entitled to exercise all the
rights provided in this Contract of Lease; (ii) increase the rental rate
agreed upon in an amount deemed appropriate by the LESSOR; (iii)
impose penalty charge; or (iv) compel the LESSEE to stop the
unauthorized
ANNEX B-3 activities.
e) REPAIR, UPKEEP AND IMPROVEMENTS –

(1) The LESSEE shall repair all damages caused to the leased property
by their own misconduct or that of their guests;

(2) The LESSEE shall maintain the property clean and sanitary, free
from obnoxious odors, disturbing noises, or other nuisances. Upon
the termination of this contract of lease, the LESSEE shall
surrender and return the property in good condition as it was
delivered by the LESSOR at the beginning of the lease, with
reasonable wear and tear as exception;
 (3) The LESSEE should not make any improvements on the leased
property without prior written consent of the LESSOR. All
improvements made by LESSEE in accordance with such consent
shall become the property of the LESSOR and shall remain upon
and be surrendered together with the property upon termination of
the term of lease. The LESSOR, however, may require the
LESSEE to remove said improvements and return the property in
the same condition as it was when received at the beginning of the
lease.

f) UTILITIES AND INSTALLATIONS – The expenses for utilities

such as but not limited to water, electricity, internet, telephone, cable,
and other services supplied or installed in the leased property shall be
for LESSEE’s exclusive account.

ANNEX B-4
g) STORING OF FLAMMABLE OR EXPLOSIVE MATERIALS –
The LESSEE shall not bring into or store in the leased property
anything highly flammable in nature, explosive materials, or install
therein any apparatus, machinery or equipment, which may cause
obnoxious tremors or noise or expose the leased property to fire or
increase the fire hazard of the leased property, or any other article
which the LESSOR may reasonably prohibit, unless with prior written
approval by the LESSOR. It is understood that notwithstanding such
prior written approval by the LESSOR, should the LESSEE do so, not
only shall the LESSEE be responsible for all the damages which it
may cause to the LESSOR and/or its other lessees/tenants. If the same
is done without the prior written approval of the LESSOR, the
LESSOR shall, in addition thereto, have the right to cancel this
Contract of Lease.

h) ASSIGNMENT OR TRANSFER - The LESSEE shall not assign or

transfer its rights under this Contract, nor sub-lease all or any part of
the leased property or enter into any arrangement whereby the use or
possession of any part of the leased property is transferred to any
person, irrespective of whether rental or other consideration is given
therefore. No right, title or interest to, in and under this contract or the
leased property shall be deemed conferred or vested in any person
other than the LESSEE.

i) INSPECTION PRIOR TO EXPIRY OF LEASE – During the last

three (3) calendar months immediately preceding the expiration of the
 term of this Lease Contract, the LESSEE shall allow, during business
hours and upon prior written notice, the LESSOR, or its authorized
representatives or agents, to inspect the leased property. During such
period, the LESSOR may exhibit, where it shall think fit, a notice
offering the leased property for lease, which notice shall not be
concealed or its view obstructed by the LESSEE in any manner.

j) NOTICE AND DEMAND TO VACATE – Notice sent to the

LESSEE at the leased property or by personal delivery shall be
considered sufficient compliance with the requirement of notice or
demand. Deposit in the leased property of a notice to vacate the
premises shall constitute due and sufficient notice to the LESSEE.

k) LAW AND VENUE APPLICABLE – This contract shall be

construed, interpreted and governed by the laws of the Philippines.
Each party submits to the exclusive jurisdiction of the courts within
the City of Baguio for the purpose of enforcing any right or obligation
under
ANNEX or arising out of this Contract.
B-5
l) ENTIRE AGREEMENT – This Contract of Lease constitutes the
complete understanding between the parties with respect to the subject
matter hereof and supersedes any prior expression of intent,
representation or warranty with respect to this transaction. This
contract may be amended but only with an instrument in writing
signed by the parties.

IN WITNESS WHEREOF, the parties have hereunto set their hands this
24th day of February 2021 in the City of Baguio.

AMADO DELMENDO and FELICIA DELMENDO

Lessor

PAOLO OCAMPO and CASSANDRA OCAMPO

Lessee

Signed in the presence of:

 ___________________________ __________________________
Jessibel A. Cuyangan Lyriz C. Evangelista

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

City of Baguio ) S.S.
 

BEFORE ME, a Notary Public for and in the City of Baguio, personally
appeared:
ANNEX B-6
Name CTC Number Date/Place Issued   

Amado Delmendo 10345622 Jan 09, 2021/Baguio

Felicia Delmendo  19209113 Jan 09, 2021/Baguio
Paolo Ocampo 21356794 Jan 18, 2021/Manila
Cassandra Ocampo 21005275 Jan 18, 2021/Manila
 

Known to me and to me known to be the same persons who executed the

foregoing instrument and acknowledged to me that the same are their free
act and voluntary deed.

This instrument, consisting of six (6) pages, including the page on which this
acknowledgment is written, has been signed on the left margin of each and
every page thereof by the concerned parties and their witnesses, and sealed
with my notarial seal, refers to a Contract of Lease.

WITNESS MY HAND AND SEAL on this 24th day of February 2021 at

Baguio City.

Abegaile S. Luciano
Notary Public
Roll No. 72179; July 25, 2020; Manila
PTR No. 626127; January 8, 2021; Baguio City
IBP No. 991226; January 7, 2021; Baguio-Benguet
MCLE No. 060393; January 7, 2021

ALOO, LAZARO, LUCIANO LAW OFFICE

 G/F Juniper Building, Bonifacio Road, Baguio City
(074) 422-6836/ 0915 245 8950
E-mail: all.law@gmail.com

Doc. No. 4;
Page No. 1;
Book No. IX;
Series of 2021.
ANNEX C

5 March 2021

PAOLO OCAMPO and

CASSANDRA BARRETO OCAMPO
No. 251 Paragon Residences,
Mandaluyong City

Dear Mr. and Mrs. Ocampo:

The Contract of Lease which you have entered with our client, Amado Delmedo
and Felicia Delmedo, contains a stipulation prohibiting subleasing. Our clients have
expressly disallowed subleasing of their property which you are currently leasing.

Please be reminded that our clients have sent you several correspondence to

comply with the terms of agreement of your lease, but the same have been left
unanswered. Consider this then, as our last and final demand for you to VACATE the
premises within fifteen (15) days from receipt of this notice. Otherwise, we shall be
constrained to commence suit to protect our clients’ interests.

Very truly yours,

Atty. Abegaile S. Luciano

 The following are parts of a pleading, identified using the above sample pleading:

REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION
CAPTION MUNICIPAL TRIAL COURT IN CITIES
BAGUIO CITY
BRANCH ___

SPS. AMADO DELMENDO

and FELICIA DELMENDO,
Plaintiff,
Civil Case No.:
-versus- ___________________
TITLE For: Unlawful Detainer
SPS. PAOLO OCAMPO and
CASSANDRA BARRETO OCAMPO,
Defendant,
X----------------------------------------------------------X

BODY-HEADING COMPLAINT

With all due respect to the Honorable Court.

The Plaintiffs through the undersigned counsel and unto the

Honorable Court, most humbly and respectfully make the following
averments, that:

1. The Plaintiffs, SPS. AMADO DELMENDO and FELICIA

DELMENDO, are both of legal age, married, Filipino citizens
and a resident of No. 25 St. Jude, Petersville Subdivision, Camp
7, Baguio City. They may be served with processes emanating
from the Honorable Court through the undersigned counsel
whose address is indicated therein;

2. The Defendants, SPS. PAOLO OCAMPO and CASSANDRA

BARRETO OCAMPO, are both of legal age, married, Filipino
citizens, and a resident of No.251 Paragon Residences,
Mandaluyong City where they may be served with summons
and other court processes;
BODY- PARAGRAPHS
3. The plaintiffs are the registered owners of a two-storey house
located at Rainbow Hills Subdivision, Baguio City, which is
erected on the lot covered by Transfer Certificate of Title No.
T-4321 issued by the Register of Deeds of Baguio City;

Transfer Certificate of Title No. T-4321 registered in the name

of the Plaintiffs is hereto marked and attached as “Annex A”
and made an integral part hereof.

4. On 24 February 2021, the parties executed a Contract of Lease

over the said house and lot for a period of one (1) year,
 renewable every year. The said contract includes a stipulation
prohibiting subleasing, particularly stated in Paragraph “h”
thereof.

The Contract of Lease executed by parties covering the said

house and lot dated 24 February 2021 is hereto marked and
attached as “Annex B” and made an integral part hereof.

5. On 1 March 2021, the Defendants leased out the property to

Marnie Santos, under the same terms as their lease, contrary to
the provisions of their Contract of Lease with the Plaintiffs not
to sublease the property.

6. On 5 March 2021, when the Plaintiffs visited the subject

property, they were appalled to find out that the defendants
subleased the said property to a certain Marnie Santos.

BODY- PARAGRAPHS
7. Agitated, Plaintiffs, through Atty. ____________, their retained
counsel, sent a notice to vacate to the Defendants and for the
latter to immediately terminate their sublease agreement
therein. However, the latter only defied and ignored the demand
of the Plaintiffs.

The notice to vacate dated 5 March,2021 sent by the retained

counsel of the Plaintiffs to the defendant is hereto marked and
attached as “Annex C” and made an integral part hereof.

8. The refusal of the Defendants to vacate the subject house and

lot even after receipt of the notice to vacate and the sublease
therein causes damage and prejudice to the Plaintiffs, and to
protect their rights and interest therein, they have no other
recourse but to seek the intervention of the Honorable Court
and to hire the undersigned counsel where he agreed to pay the
amount of Fifty Thousand Pesos (PhP 50,000) as Attorney’s
fees;

PRAYER

WHEREFORE, premises duly considered, it is most respectfully

prayed unto the Honorable Court that, after hearing and judgment be
rendered ordering the defendants:

BODY-RELIEF 1. To compel the sublessee to vacate the subject premises and

remove their belongings from the property duly registered in
the name of the plaintiffs;
 2. To pay compensation for the reasonable use of the subject
premises until they finally vacate the said premises, in an
amount to be determined by the Honorable Court; and

3. To pay the plaintiffs the costs of the suit and attorney’s fees in
RELIEF the amount determined by the Honorable Court;

Such other reliefs as may be just and equitable are likewise prayed
for.

BODY-DATE City of Baguio, 12 April, 2020.

ALOO, LAZARO & LUCIANO LAW OFFICE

Counsel for the Plaintiffs
Unit 5 & 6, Ground Floor, Juniper Building,
A. Bonifacio Street, Baguio City
(074)-300-3778

By:
SIGNATURE AND DATE

Abegaile S. Luciano
Roll No. 72179; July 25, 2020; Manila
PTR No. 626127; January 8, 2021; Baguio City
IBP No. 991226; January 7, 2021; Baguio-Benguet
MCLE No. 060393; January 7, 2021.

Republic of the Philippines)

In the City of Baguio ) S.S.

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

We, AMADO DELMENDO and FELICIA DELMENDO, of legal

age, married, Filipino citizens and with address at No. 25 St. Jude,
Petersville Subdivision, Camp 7, Baguio City, under oath hereby depose and
state that:

1. We are the Plaintiffs in the above-entitled case;

VERIFICATION AND CERTIFICATION
2. We have read and caused the preparation of herein complaint and the
same is true to my own knowledge and based on authentic documents;
3. We hereby certify that we have not commenced any other action
involving the same issues in other tribunals, judicial and quasi-judicial
bodies, and there is no pending the same action in the said tribunals, should
the same be discovered I will inform the court within five (5) days thereof.

In witness whereof, we have hereunto set our hands and signature this
12th day of April 2021 in Baguio City, Philippines.

FELIZA DELMENDO
AMADO DELMENDO Affiant
Affiant TIN: 123-456-123
TIN: 675-987-239

Subscribed and Sworn to before me this 12th day of April 2021 in

Baguio City. Affiants personally appeared before me for the execution of
this document and they presented to me competent proof of his identity as
indicated below their name.

Abegaile S. Luciano
Notary Public for Baguio City until December 2021
PTR No. 123456/January 8, 2019/Baguio City
IBP Lifetime No. 123456/January 7, 2019/Baguio City
SC Roll No. 51234
MCLE No. V-123456, July 2, 2020

Doc No. 6;
Page No. 3;
Book No. I;
Series of 2021.

Rule 7 of the Revised Rules of Courts provides what needs to be

stated or alleged in each of these parts:

Section 1. Caption. — The caption sets forth the name of the court, the title
of the action, and the docket number if assigned. The title of the action
indicates the names of the parties. They shall all be named in the original
complaint or petition; but in subsequent pleadings, it shall be sufficient if the
name of the first party on each side be stated with an appropriate indication
when there are other parties. Their respective participation in the case shall
be indicated.
 Section 2. The body. — The body of the pleading sets forth its designation,
the allegations of the party's claims or defenses, the relief prayed for, and the
date of the pleading.
(a) Paragraphs. — The allegations in the body of a pleading shall be
divided into paragraphs so numbered to be readily identified, each of
which shall contain a statement of a single set of circumstances so far
as that can be done with convenience. A paragraph may be referred to
by its number in all succeeding pleadings.
(b) Headings. — When two or more causes of action are joined, the
statement of the first shall be prefaced by the words "first cause of
action,'' of the second by "second cause of action", and so on for the
others. When one or more paragraphs in the answer are addressed to
one of several causes of action in the complaint, they shall be prefaced
by the words "answer to the first cause of action" or "answer to the
second cause of action" and so on; and when one or more paragraphs
of the answer are addressed to several causes of action, they shall be
prefaced by words to that effect.
(c) Relief. — The pleading shall specify the relief sought, but it may
add a general prayer for such further or other relief as may be deemed
just or equitable.
(d) Date. — Every pleading shall be dated.
Section 3. Signature and address. —
(a) Every pleading and other written submissions to the court must be
signed by the party or counsel representing him or her.
(b) The signature of counsel constitutes a certificate by him or her that he or
she has read the pleading and document; that to the best of his or her
knowledge, information, and belief, formed after an inquiry reasonable
under the circumstances:
(1) It is not being presented for any improper purpose, such as to
harass, cause unnecessary delay, or needlessly increase the cost of
litigation;
(2) The claims, defenses, and other legal contentions are warranted by
existing law or jurisprudence, or by a non-frivolous argument for
extending, modifying, or reversing existing jurisprudence;
(3) The factual contentions have evidentiary support or, if specifically,
so identified, will likely have evidentiary support after availment of
the modes of discovery under these rules; and
 (4) The denials of factual contentions are warranted on the evidence
or, if specifically, so identified, are reasonably based on belief or a
lack of information.
(c) If the court determines, on motion or motu proprio and after notice and
hearing, that this rule has been violated, it may impose an appropriate
sanction or refer such violation to the proper office for disciplinary action,
on any attorney, law firm, or party that violated the rule, or is responsible for
the violation. Absent exceptional circumstances, a law firm shall be held
jointly and severally liable for a violation committed by its partner,
associate, or employee. The sanction may include, but shall not be limited
to, non-monetary directive or sanction; an order to pay a penalty in court; or,
if imposed on motion and warranted for effective deterrence, an order
directing payment to the movant of part or all of the reasonable attorney’s
fees and other expenses directly resulting from the violation, including
attorney’s fees for the filing of the motion for sanction. The lawyer or law
firm cannot pass on the monetary penalty to the client.
Section 4. Verification. — Except when otherwise specifically required by
law or rule, pleadings need not be under oath or verified. A pleading is
verified by an affidavit of an affiant duly authorized to sign said verification.
The authorization of the affiant to act on behalf of a party, whether in the
form of a secretary’s certificate or a special power of attorney, should be
attached to the pleading, and shall allege the following attestations:
(a) The allegations in the pleading are true and correct based on his or
her personal knowledge, or based on authentic documents;
(b)The pleading is not filed to harass, cause unnecessary delay, or
needlessly increase the cost of litigation; and
(c) The factual allegations therein have evidentiary support or, if
specifically, so identified, will likewise have evidentiary support after
a reasonable opportunity for discovery. The signature of the affiant
shall further serve as a certification of the truthfulness of the
allegations in the pleading. A pleading required to be verified that
contains a verification based on “information and belief,” or upon
“knowledge, information and belief,” or lacks a proper verification,
shall be treated as an unsigned pleading.
Section 5. Certification against forum shopping. — The plaintiff or
principal party shall certify under oath in the complaint or other initiatory
pleading asserting a claim for relief, or in a sworn certification annexed
thereto and simultaneously filed therewith:
(a) that he or she has not theretofore commenced any action or filed
any claim involving the same issues in any court, tribunal or quasi-
judicial agency and, to the best of his or her knowledge, no such other
action or claim is pending therein;
(b) if there is such other pending action or claim, a complete statement
of the present status thereof; and
(c) if he or she should thereafter learn that the same or similar action
or claim has been filed or is pending, he or she shall report that fact
within five (5) calendar days therefrom to the court wherein his or her
aforesaid complaint or initiatory pleading has been filed. The
authorization of the affiant to act on behalf of a party, whether in the
form of a secretary’s certificate or a special power of attorney, should
be attached to the pleading. Failure to comply with the foregoing
requirements shall not be curable by mere amendment of the
complaint or other initiatory pleading but shall be cause for the
dismissal of the case without prejudice, unless otherwise provided,
upon motion and after hearing. The submission of a false certification
or non-compliance with any of the undertakings therein shall
constitute indirect contempt of court, without prejudice to the
corresponding administrative and criminal actions. If the acts of the
party or his or her counsel clearly constitute willful and deliberate
forum shopping, the same shall be ground for summary dismissal with
prejudice and shall constitute direct contempt, as well as a cause for
administrative sanctions.
 REPUBLIC OF THE PHILIPPINES
FIRST JUDICIAL REGION
MUNICIPAL TRIAL COURT IN CITIES
BAGUIO CITY
BRANCH 2

People of the Philippines,

Plaintiff,

Criminal Case No.:

- versus - 345-20-CR-MTCC
For: Estafa

Alexander Dungo and Amado Delmendo,

Defendants.
x---------------------------x

ENTRY OF APPEARANCE

The Defendant, Amado Delmendo, through the undersigned counsel,

to this Honorable Court, most respectfully submits this Entry of Appearance
and in support thereof, states that:

1. The defendant sought the assistance of the undersigned as his counsel

in the above-captioned case on April 12, 2021;

2. After assessing the merits of the case, the undersigned most

respectfully enters her appearance as counsel for the defendant;

WHEREFORE, it is respectfully requested that the undersigned be

served and furnished with copies of pleadings, orders, judgments and other
legal processes relative to this case at Unit 5 & 6, Ground Floor, Juniper
Building, Bonifacio Street, Baguio City.

RESPECTFULLY SUBMITTED.
12 April 2021.
Baguio City, Philippines.
 ALOO, LAZARO & LUCIANO LAW OFFICE
Counsel for the Defendant
Unit 5 & 6, Ground Floor, Juniper Building,
Bonifacio Street, Baguio City
(074)-300-3778

By:

Abegaile S. Luciano
PTR No. 123456/January 8, 2019/Baguio City
IBP Lifetime No. 123456/January 7, 2019/Baguio City
SC Roll No. 51234
MCLE No. V-123456, July 2, 2020

Conforme:

AMADO DELMENDO
Defendant