(Complaint for Ejectment / Unlawful Detainer with Prayer for the Issuance of a Writ of

Preliminary Mandatory Injunction)

(CAPTION)
C O M PLAI N T
COMES NOW the Plaintiff, by undersigned counsel, and unto this Honorable Court,
most respectfully alleges that:
1. Plaintiff is of legal age, Filipino, (single / married / widow), and a resident of
_____________, Philippines. For purposes of this action, Plaintiff may be served with
copies of our notices and orders of the Honorable Court at the office address of the
undersigned counsel indicated below;
2. Defendant is also of legal age, Filipino, and for purposes of this action, he may be
served with summons and other processes of this Honorable Court at his residence
and post-office address at _____________, Philippines;
3. Plaintiff is the true and registered owner of a certain parcel of land situated in
_____________, Philippines, consisting of approximately _____________ (_____)
square meters, and identified as Lot ________ and covered by Transfer Certificate of
Title No. _____________ of the Registry of Deeds of _____________; Machine copy
of said Transfer Certificate of Title No. _____________ is attached hereto as ANNEX
"B";
4. That sometime in _____________, Defendant and his family began to be in
possession of the said property, not by virtue of any title or contract, but merely upon
the Plaintiff's tolerance, as he had no immediate need of the said property at that time;

5. That on _____________, Plaintiff demanded that Defendant vacate and return the
possession of the said parcel of land to the herein Plaintiff, but despite numerous
demands for him and his family to vacate, Defendant has remained in illegal
possession of the said land and, up to the present, still retain such possession.
Machine copy of the said demand letter is attached hereto as ANNEX "C";
6. While possession by tolerance is lawful, such possession becomes illegal upon
demand to vacate is made by the owner and the possessor by tolerance refuses to
comply with such demand (Prieto vs. Reyes, 14 SCRA 432; Yu vs. De Lara, 6 SCRA
786, 788; Isidro vs. Court of Appeals, G.R. No. 105586, December 15, 1993);
7. A person who occupies the land of another at the latter's tolerance or permission,
without any contract between them, is necessarily bound by an implied promise that
he will vacate upon demand (Yu vs. De Lara, supra, cited in Sumulong vs. Court of
Appeals, G.R. No. 108817, May 10, 1994);
8. That the reasonable rental value of the said land is __________________________
(P___________) per month;
9. That due to the unjust refusal of the Defendant to vacate and to return the said land to
the Plaintiff, the latter was constrained to endorse the said matter to its legal counsel
for the filing of an appropriate action in court for a fee of P_____________ and the
amount of P__________ per court hearing;
10. That this action is being filed within a period of one (1) year from the demand on
Defendant to vacate the said property.
ALLEGATIONS IN SUPPORT OF THE PRAYER FOR ISSUANCE
OF A WRIT OF PRELIMINARY MANDATORY INJUNCTION

11. Plaintiff repleads by reference all of the foregoing allegations as may be material and
relevant under this heading;
12. Defendant's continued illegal occupation of the said parcel of land and refusal to
vacate the same and to peacefully surrender possession thereof to herein Plaintiff is
working grave injustice and causing damage to the latter;
13. Plaintiff is entitled to the reliefs demanded, and the whole or part of such relief
consists in the immediate delivery and surrender by the defendants of possession of
the land to the Plaintiff;
14. In the event that a writ of preliminary mandatory injunction is granted to Plaintiff, she
is ready, willing and able to post a bond to answer for all damages Defendant may
sustain by reason of said injunction if the court should finally decide that Plaintiff is
not entitled thereto.
P R AY E R
WHEREFORE, it is most respectfully prayed that, after due hearing, judgment be
rendered in favor of the plaintiffs:
a) Ordering the Defendant, his family, successors, assigns and all persons acting under
him, to vacate Lot _____________ that is covered by Transfer Certificate of Title No.
_____________ of the Registry of Deeds for the Province of _____________ and to
peacefully turn over the possession thereof to the Plaintiff;
b) Ordering Defendant to pay Plaintiff monthly rental at the rate of P_____________ per
month from the time of the filing of this action to the time possession is returned to
the Plaintiff;

c) Ordering Defendant to pay Attorney's Fees in the amount of P_____________ and

P___________ per court hearing and to pay cost of suit;
d) That pending the outcome of the instant case, a writ of preliminary mandatory
injunction be immediately issued ordering the Defendant, his family, successors,
assigns and all persons acting under him, to immediately vacate the said parcel of
land and return possession of the same to the Plaintiff.
Other reliefs just and equitable under the premises are likewise prayed for.
Date _____________, Philippines, __Date__.

(COUNSEL)
(VERIFICATION)
(CERTIFICATION OF NON-FORUM SHOPPING
CERTIFICATION OF NON-FORUM SHOPPING
REPUBLIC OF THE PHILIPPINES)
Province of ____________________) S.S.
City/Municipality of _____________)
x-----------------------x
I, _____________, of legal age, Filipino, (single / married / widow), and a resident of
_____________, Philippines, after being sworn in accordance with law, hereby depose and
certify that:
(a) I have not theretofore commenced any other action or proceeding or filed any claim
involving the same issues or matter in any court, tribunal, or quasi-judicial agency and, to the best of
my knowledge, no such action or proceeding is pending therein; (c) if I should thereafter learn that
the same or similar action or proceeding has been filed or is pending before the Supreme Court, the
Court of Appeals, or any other tribunal or quasi-judicial agency, I undertake to report such fact
within five (5) days therefrom to the court or agency wherein the original pleading and sworn
certification contemplated herein have been filed.
IN WITNESS WHEREOF, I have hereunto set my hand this _____________ at
_____________, Philippines.

AFFIANT
SUBSCRIBED AND SWORN to before me, this _____________, by _____________
who exhibited to me (his/her) Community Tax Certificate No. _____________ issued at
_____________, Philippines on _____________.

NOTARY PUBLIC
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of ______;

AFFIDAVIT OF MERIT
I, _____________, of legal age, Filipino, (single / married / widow), and a resident of
_____________, Philippines, after being sworn to in accordance with law, depose and state:
1. That I am the plaintiff in the above-captioned case filed against _____________
before the Municipal Trial Court of _____________, Philippines;
2. That I am the true and registered owner of a certain parcel of land situated in
_____________, identified as Lot ________ and covered by Transfer Certificate of
Title No. _____________ of the Registry of Deeds for the Province of Negros
Occidental;
3. That since _____________, Defendant _____________ and his family began to be in
possession of the said property upon my mere tolerance, as I had no immediate need
of the said property at that time;
4. That sometime in _____________, I demanded from the Defendant that he and his
family vacate and return the possession of the said property, but despite numerous
demands for him to vacate, the Defendant has remained in illegal possession of the
said land and, up to the present, still retain such possession;
5. That the reasonable rental value of the said land is __________________________
(P___________) per month;
6. That Defendant's continued illegal occupation of the property and refusal to vacate
the same and to peacefully surrender possession thereof is working grave injustice
and causing damage to the undersigned;

7. That I am entitled to the reliefs demanded in my complaint, and the whole or part of
such relief consists in the immediate delivery and surrender by the Defendant of
possession of the land to the undersigned;
8. That in the event that I am granted a writ of preliminary mandatory injunction, I am
ready, willing and able to post a bond to answer for all damages that the Defendant
may sustain by reason of said injunction if the court should finally decide that I am
not entitled thereto.
IN WITNESS WHEREOF, I have hereunto set my hand this _____________ in the
_____________, Philippines.

AFFIANT
(JURAT)
(Verification - Simple Form)
VERIFICATION
REPUBLIC OF THE PHILIPPINES)
Province of ____________________) S.S.
City/Municipality of _____________)
x-----------------------x
I, _____________, of legal age, Filipino, (single / married / widow), and a resident of
_____________, Philippines, after being sworn in accordance with law, hereby depose and say:
That I am the (Plaintiff / Complainant / Petitioner) in the above-entitled case; That I have
caused the preparation of the above (Complaint / Petition) and I have read the same and knows
the contents thereof; That the allegations contained therein are true and correct of my own
personal knowledge.
IN WITNESS WHEREOF, I have hereunto set my hand this _____________ at
_____________, Philippines.

AFFIANT

SUBSCRIBED AND SWORN to before me, this _____________, by _____________

who exhibited to me (his/her) Community Tax Certificate No. _____________ issued at
_____________, Philippines on _____________.

NOTARY PUBLIC
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of ______;