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Republic of the Philippines



Nilo Larsaga,
Civil Case No. 12345
For: Accion Publiciana Ejectment

Meldy Larsaga,



PLAINTIFF, by counsel, respectfully states that:

The Parties

1. Plaintiff is a Filipino, of legal age, and resident of Unit 69, BabyJosh Apartments, Maguikay,
Mandaue City, Cebu;

2. Defendant is also a Filipino, of legal age and resident of No. 35 Pari-an, Cebu City, where he may
be served with summons and other court processes.

The Facts

3. Plaintiff owns that property (house and lot) located at No. 35 Pari-an, Cebu City which is being
occupied by the Defendant (sister of plaintiff). A copy of the Transfer Certificate of Title
No. 12345 with corresponding Tax Declaration is attached as ANNEX A and made an integral
part of this complaint.

4. Said property is paraphernal to Rosario Larsaga (mother of plaintiff) in which Plaintiff bought
from her on July 1, 1998 for a consideration of One Million Five Hundred Thousand Pesos
(P1,500,000). A copy of the Deed of Sale is attached as ANNEX B and made an integral part
of this complaint.

5. The payment of the above-stated purchase price was made through Managers Check (cash
outflow duly reflected in Passbook) in favor of Rosario Larsaga where it clearly indicated that the
amount was for the purchase of the TCT No. 12345. A copy of the Managers Check and its
corresponding Passbook is attached as ANNEX C and made an integral part of this complaint.

6. Plaintiff informed defendant his intention to use the property and asked the latter to vacate the
premises. A Notice to Vacate was sent to Defendant on September 21, 2012 which was received
September 26, 2012 by personal service. A copy of Plaintiffs Notice to Vacate is attached as
ANNEX D and made an integral part of this complaint.

7. Despite demand duly made and received, defendant has refused to vacate and continues to occupy
the property without plaintiffs consent. Resort to the Barangay Conciliation System proved
futile as defendant refused to appear before the Lupong Tagapamayapa. A Certification to File
Action is attached as ANNEX E and made an integral part of this complaint.

8. Defendants act of dispossession has caused Plaintiff to suffer material injury because Plaintiff
was constrained to rent an apartment in Mandaue City with a monthly rental of Twenty Five
Thousand Pesos(P25,000) per month (or an aggregate rental of Five Hundred Fifty Thousand
Pesos (P550,000) from date of demand to present). Such costs may have been avoided had
defendant vacated the property. Defendants continued occupation of the property also forced
Plaintiff to sue and to incur legal expenses amounting to Fifty Thousand Pesos (P50,000).

WHEREFORE, it is respectfully prayed that judgment be rendered against the defendant ordering him:
1. To vacate the property and peacefully turn over possession to Plaintiff;

2. To pay the amount of Five Hundred Fifty Thousand Pesos (P550,000) as Actual Damages for
rental expense incurred by Plaintiff for September 2012 to July 2014.

3. To pay a monthly rental of P25,000 beginning with the month of August, 2014, with interest
thereon at the legal rate until fully paid until the defendant vacates said property;
3. To pay the sum of Fifty Thousand Pesos (P50,000) as litigation expenses and attorneys fees.
Plaintiff further prays for such other reliefs as this Court may deem just and equitable.
Cebu City, Philippines, July 24, 2014.

Atty. Joseph Alfie A. Logroo
Notary Public
Commission No: 21567667
Until December 31, 2014
Rm. 201 Osmea Bldg, Colon St.
Roll of Attorney No. 54321
IBP Lifetime member, Cebu City
PTR No. 476421; 1/1/14; Cebu City
MCLE Compliance No. 235; 2/1/14