Republic of the Philippines

Supreme Court of the Philippines

Tenth Judicial Region
MUNICIPAL TRIAL COURT IN CITIES
Branch ___
________ City

MAINE MENDOZA, CIVIL CASE No.

_______
Plaintiff, For: Unlawful
Detainer

- versus -

ERNESTO MARIANO,
Defendant.
x-----------------------------------------x

COMPLAINT

Plaintiff, by counsel, respectfully states that:

THE PARTIES

1. That plaintiff is of legal age, single, Filipino and

residing at Purok 7, Barangay Libertad, Butuan
City.

2. The defendant is of legal age, Filipino and residing

at Pirada, Barangay Plaridel, Cabadbaran City,
Agusan del Norte where he may be served with
summons and other court processes.

THE FACTS

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3. That plaintiff is one of the heirs of the late spouses
Apolonio Mendoza and Virgie Reyes who are the
registered owners of a parcel of residential land
located at Pirada, Barangay Plaridel, Cabadbaran
City, containing an area of 10,144 square meters,
more or less, as evidenced by Original Certificate
of Title (OCT) No. Q-198 and Declaration of Real
Property issued by the Municipal (now City)
Assessors Office, Municipality (now City) of
Cabadbaran, Agusan del Norte. Copies of OCT No.
Q-198 and Declaration of Real Property are
attached as ANNEXES A and B, respectively,
and made an integral part of this complaint.

4. That plaintiffs late parents, during their lifetime,

allowed defendant to occupy a portion of the
aforesaid parcel of land for residential purposes,
provided that his house will be made up of only
indigenous materials and he shall undertake to
peacefully and voluntarily vacate the property
when the occupied portion will be used by them or
their successors.

5. That on August 30, 2016, plaintiff sent to the

defendant a notice to vacate, which was received
by the latter on September 10, 2016, demanding
him to vacate within thirty (30) days from receipt
thereof. A copy of the said notice to vacate is
attached as ANNEX C and is made an integral
part of this complaint. However, despite said
written notice which was followed and repeated by
oral demands, defendant failed and refused to
vacate the said property despite the lapse of the
period given him to vacate.

6. That by reason of the failure and willful refusal of

the defendant to vacate the premises, plaintiff
instituted conciliation proceedings before the
Lupon Tagapamayapa of Barangay Plaridel,
Cabadbaran City docketed as Barangay Case No.
50, however, after a series of proceedings therein,
no amicable settlement was reached between
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 plaintiff and defendant. Thus, the Lupon of the
said barangay issued a Certification to File Action
clearing the former to file the instant case. A copy
of the Certification to File Action is attached as
ANNEX D and made an integral part of this
complaint.

7. That defendants continued occupation of the

portion of the land subject of this complaint has
forced the plaintiff to sue and to incur expenses of
up to Php 100,000.00 particularly for engaging the
services of private counsel.

PRAYER

WHEREFORE, premises considered, it is most

respectfully prayed of this Honorable Court that judgment be
rendered in favor of the plaintiff and ordering defendant to
peacefully vacate the property owned by the plaintiff and
pay the latter the sum of Php 100,000 for Attorneys Fees.

Other reliefs just and equitable under the premises are

likewise prayed for.

Butuan City, Philippines, 31 January 2017.

JURIS LAW OFFICE

Counsel for the Plaintiff
151 J.C. Aquino Avenue,
Barangay Libertad, Butuan City 8600
Tel. No. (085) 111-1111
E-mail: atty.andy@jurislaw.com

By:

Atty. ANDRE B. JURIS

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 Roll No. 69189
PTR O.R. No. 1740799 /1-4-17 / Butuan City
IBP O.R. No. 768381 /1-4-17 / Butuan City
MCLE Compliance No. I / 1402
TIN No. 461-141-090-000

Republic of the Philippines)

CITY OF BUTUAN.............) S.S
x-----------------------------x

VERIFICATION AND CERTIFICATION

AGAINST FORUM SHOPPING

I, MAINE MENDOZA, of legal age, married, Filipino and a

resident of Purok 7, Barangay Libertad, Butuan City, after
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having been duly sworn to in accordance with law, do hereby
depose and state that:

1. I am the Plaintiff in the foregoing Complaint for

Unlawful Detainer.

2. I caused the preparation of the Complaint, which I

have fully read and understood.

3. I hereby affirm that all factual allegations contained

in said Complaint are true and correct of my own
personal knowledge and belief, as well as true and
correct on the basis of authentic documents and
records in my possession.

4. I certify that I have not heretofore commenced any

action or filed any claim involving the same issues in
any court, tribunal, or quasi-judicial agency.

5. If I should hereafter learn that any other similar

action or claim has been filed or is pending, I undertake
to report that fact within five (5) days from knowledge
thereof to this Honorable Court.

IN WITNESS WHEREOF, I do hereby set my hand this

31st day of January 2017 in Butuan City, Philippines.

MAINE MENDOZA
SUBSCRIBED AND SWORN to before me this 31st day
of January 2017 in Butuan City, Philippines, affiant having
exhibited to me her SSS Membership ID No. 08-7654321-0.

Atty. ANDRE B. JURIS

Notary Public for Butuan City and Agusan del Norte
Commission valid until December 31, 2018
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 Roll No. 69189
PTR O.R. No. 1740799 /1-4-17 / Butuan City
IBP O.R. No. 768381 /1-4-17 / Butuan City
MCLE Compliance No. I / 1402
TIN No. 461-141-090-000

Doc. No.:_____;
Page No.:_____;
Book No.:____;
Series of 2017.