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Republic of the Philippines

Region VII
MUNICIPAL TRIAL COURT IN CITIES
Branch _____,
__________ City

_____________________, and
_____________________,
Plaintiffs;
CIVIL CASE NO.: _________

- vs - FOR: UNLAWFUL DETAINER,

DAMAGES & ATTORNEY’S
______________________, and FEES
______________________,
Defendants.
x - - - - - - - - - - - - - - - - - - -/

COMPLAINT

PLAINTIFFS, through the undersigned counsel, unto this

Honorable Court, most respectfully states and alleges, THAT –

THE PARTIES

1. The Plaintiffs, _________________ and _______________, are of

legal age, both Filipinos, and both with residence address
at ____________________________, Philippines;

2. While, the Defendant, ________________, of legal age,

Filipino, occupying and/or residing at the subject property
at _____________________________, Philippines;

3. The parties may be served with summons and processes of

the Honorable Court at address above-mentioned;

THE ANTECEDENT FACTS

4. The Plaintiffs are the absolute and registered owner of a

certain parcel of land located at
__________________________, Philippines, covered by TCT
No. _______ , containing an area of ____, sq. m., more or
less, a copy of the Transfer Certificate of Title (TCT), are
hereto attached and marked as Annex “__”;

5. The Defendants, through force, intimidation, stealth,

threats or strategy, entered and occupied the premises
without consent and permission of the Plaintiffs thereby
unlawfully withholding and depriving possession thereof;
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6. The Plaintiffs verbally informed the Defendant to vacate the

subject premises several times and the latest thereof was
made sometime on __________________, on the ground that
the occupation in subject premises are illegal and
unlawful;

7. However, in spite of the aforesaid verbal demand to vacate

the subject premises, the herein Defendants, deliberately
failed and continuously fail to vacate the subject premises;

8. Notwithstanding repeated verbal demands, the Defendants

still deliberately failed and continuously fail to pay and/or
to consign the proportionate share due to the Plaintiffs
from the aforesaid monthly rentals of the subject premises;

9. The adamant refusal of the Defendants to vacate the

subject premises despite repeated verbal and written
demands constrained the Plaintiffs to refer the matter to a
legal counsel to protect the latter’s rights and interest,
hence, a written notice to vacate, was sent to the
Defendants the same proves futile and to no avail, a copy
of the said notice is hereto attached and marked as Annex
“__”;

10. The deliberate failure of the Defendants to heed the

lawful demand to pay rental and to vacate the subject
premises constrained the Plaintiffs to refer the matter to
the Katarungang Pambarangay for the compulsory
settlement proceedings but despite diligent effort exerted
by the Barangay Lupon the same proves futile and to no
avail, thus, the issuance of the Certificate to File Action, a
copy of the Certificate is hereto attached and marked as
Annex “__”;

11. The acts of the Defendants against the Plaintiffs in

illegally and unlawfully withholding the subject premises
despite the lawful and valid demands to vacate and the
deliberate non-payment of rentals thereof to the damage
and prejudice of the latter were malicious, fraudulent and
unlawful, which causes the latter to suffer sleepless nights,
untold worries, serious anxiety and mental anguish, thus,
entitles them the award of moral damages, in the amount
of ______________, as compensation thereof;

12. The Defendants illegal and unlawful withholding despite

demands to vacate and non-payment of rentals thereof to
the damage and prejudice of the latter were malicious and
unjust transgression of the Plaintiffs’ rights and valid
claims, thus, the latter were compelled to bring this action
and to engage the services of counsel, with the agreement
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to pay _____________, as attorney’s fees and

_______________, appearance fee, apart from the initial
expenses in the amount of _______________, and the cost of
the suit;

13. To teach Defendants a lesson that our Courts of Justice

will not tolerate nor allow such an illegal and unlawful
withholding of the subject premises despite the lawful and
valid demands to vacate and the deliberate non-payment of
rentals thereof to the damage and prejudice of the latter,
an award of exemplary damages should be assessed
against the former in the amount of _______________;

PRAYER

WHEREFORE, in view of the foregoing premises, it is most

respectfully prayed before this Honorable Court that, after due
hearing, judgment be rendered in favor of the Plaintiffs and against
the Defendants, directing the latter to:

1. Vacate, restore and turn-over the possession of

the subject premises to the Plaintiffs;

2. Pay the Plaintiffs the following sums, to wit:

a. To pay the due proportionate share of the back

rentals in the amount of _____________, per
month covering the period from
_______________, and until the Defendants shall
have completely vacated the subject premises;

b. The amount of _________, as moral damages;

c. The amount of _________, as exemplary

damages;

d. The amount of ______________, as attorney’s fees

and ______________, appearance fee per
hearings;

e. The cost of the suit, including initial expenses

incurred in the amount of _____________.

Plaintiffs further prays for other affirmative reliefs and

remedies as are deemed just and equitable under the premises.

______________, _______________, Philippines.

______________________
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Counsel for the Plaintiffs

________________________
PTR No. ___________ * IBP No. ____________
MCLE 6th COMP. No.: ___________________
Roll No. ________

VERIFICATION AND
CERTIFICATION AGAINST NON-FORUM SHOPPING

We, __________________ and __________________, both of legal age,

both Filipinos, and both with residence address at
___________________, Philippines, after having been sworn to in
accordance with law hereby depose and state, THAT –

1. We have caused the preparation and filing of the

above-entitled Complaint and that we have read the
same and the contents thereof are true and correct
based on our personal knowledge and information and
on authentic records.

2. This pleading is not filed to harass, cause unnecessary

delay, or needlessly increase the cost of litigation, and
the factual allegations therein have evidentiary
support or, if specifically so identified, will likewise
have evidentiary support after a reasonable
opportunity for discovery; and

3. Further, we hereby certify that we have not

commenced any other actions or proceedings involving
the same issues in the Supreme Court, the Court of
Appeals or any other tribunal or agency, to the best of
our knowledge no such actions or proceedings that is
pending in the Supreme Court, the Court of Appeals,
or any other tribunal or agency, if we should thereafter
learn that similar actions or proceedings has been
filed or is pending before the Supreme Court, the
Court of Appeals, or any other tribunal or agency, we
undertake to report the facts within five (5) days there
from to this Honorable Court.

IN WITNESS WHEREOF, we have hereunto set our hands and

affixed our signatures this ______________, at _____________,
Philippines.

___________________ ____________________
Affiant Affiant

SUBSCRIBED AND SWORN TO before me this ______________,

at _____________, Philippines, herein Affiant, known to me, who
executed the foregoing instrument, personally appeared.
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Notary Public
Doc. No. : _____
Page No. : _____
Book No.: _____
Series of : _____