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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


NATIONAL CAPITAL JUDICIAL REGION
BRANCH 150, MAKATI CITY

TOM LUI M. ESTRELLA,


Plaintiff,

- versus - CIVIL CASE NO. 08-5432


For: RECOVERY OF POSSESSION
OF REAL PROPERTY

CRISTINE M. LANDICHO,
Defendant.
x----------------------x

COMPLAINT

Plaintiff, by and through the undersigned counsel, and to the


Honorable Court, most respectfully states that:

1. Plaintiff is of legal age, Filipino, with residence and postal


address at 07 Amethyst st. Sta. Monica cmpd. II, Brgy. Dalandanan,
Valenzuela City, where notices, orders and other court processes may
be served upon her.

2. Defendant is of legal age, with postal address at 2028 Tal


bldg. Edison St. Brgy. San Isidro, Makati City, where summons,
notices, orders and other court processes may be served upon him.

3. Defendant has a monthly rental of P25,000 and the validity


of the contract is for one year.

4. Defendant managed to pay the required move-in amount


equivalent to its three-month of P75,000 and was able to pay the
subsequent four months, however, defendant failed to pay its rental
obligations for the last 4 months and failed to pay the two (2) month
deposit for the 11th and 12th months and the remaining one (1) month
deposit that would answer partially for damages and any other
obligations, for utilities such as Water, Electricity, CATV, Telephone,
Association Dues or resulting from violation(s) of any of the provision
of the contract.

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5. Defendant managed to renew its contract for another year,
however, plaintiff insisted that defendant should pay the remaining four
months of the contract, together with the required payments thereof,
but, even with repeated demands by plaintiff, to no avail.

6. In view of that, plaintiff made oral demands upon the


defendant to pay monthly rentals or to peacefully vacate the property
owned by him. Defendant, however, refused to comply with the
demands of the plaintiff.

7. Defendant, however, refused to comply with the demands


of the plaintiff to pay monthly rentals and to peacefully vacate the
premises. Plaintiff was therefore forced to refer the matter to counsel,
who sent a demand letter to the defendant. Copy of the said demand
letter is hereto attached as Annex “B”.

11. Thereafter, plaintiff brought the matter to Barangay


Salcedo for conciliation proceedings. During the proceedings thereat,
the defendant tendered rental payment for the period September 30,
2018 to December 31, 2018. Also, defendant managed to pay the
required payments and executed an undertaking to peacefully vacate
the same if he fails to pay for the same on or before January 20, 2019.
Copy of the said undertaking that was executed during conciliation
proceedings at Barangay Salcedo is hereto attached as Annex “C”.

12. However, instead of complying with the contents of the


abovementioned undertaking (Annex “C”), the defendant wrote a letter
to the plaintiff seeking for the refund of the rental payment and alleged
that she already paid the said rentals and required payments in
advance on September 30, 2018, with receipts as evidence. Copy of
the said letter is hereto attached as Annex “D”.

13. In a letter dated January 22, 2019, plaintiff, through


counsel, rejected the request for refund of rentals and reminded the
defendant on his obligation to pay monthly rental which was agreed
upon during conciliation proceedings before Barangay Salcedo.
Plaintiff likewise reiterated the contents of the demand letter dated
January 4, 2018, which demanded from the defendant to vacate the
premises and to pay monthly rentals. Copy of the said letter is hereto
attached as Annex “E”.

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15. Despite receipt of the demand letter sent by plaintiff’s
lawyer and agreement reached before the Lupon Tagapamayapa of
Barangay Amihan, the defendant still failed and refused to vacate the
subject property.

16. In view of the malicious and unjustified failure and refusal


of the defendant to vacate peaceably turn-over possession of the
subject property to the plaintiff and to pay reasonable rentals for his
continued use and occupation of the property, the plaintiff was
constrained to litigate and incur litigation related expenses in the
amount of not less than Twenty Thousand Pesos (Php20,000.00), and
to retain the services of counsel with whom she agreed to pay
attorney’s fees in the amount of Twenty Five Thousand Pesos
(Php25,000.00) plus the sum of Php2,000.00 per day of court
appearance.

PRAYER

WHEREFORE, premises considered, it is most respectfully


prayed of this Honorable Court to render judgment in favor of the
plaintiff and against the defendant by ordering the latter and all persons
claiming rights and/or interests under him to VACATE the property,
and to ORDER the defendant and all persons claiming rights and/or
interests under him to pay the plaintiff the following sums:

1. Php25,000.00 a month – as and by way of reasonable


rentals counted from the date of filing of the Complaint with
legal interests until the defendant vacates the property;

2. Php20,000.00 – as litigation expenses;

3. Php25,000.00 – as and by way of attorney’s fees plus the


sum of Php2,000.00 per day of court appearance.

Plaintiff prays for such other relief and remedies that are just and
equitable under the premises.

Quezon City, May 12, 2014.

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THE LAW FIRM
OF
HABITAN FERRER CHAN TAGAPAN
HABITAN & ASSOCIATES
Counsel for the Plaintiff
G/F Señor Ivan de Palacio Bldg.
139 Malakas St., Diliman, Quezon City
Tel. Nos. 4335916 / 4415075 / 7097909
Email add.: habitanlawandpartners@yahoo.com
By:

LEONCIO P. FERRER
PTR#9079804, 01/07/14, Q.C.
IBP#925684, 01/07/14, Q.C.
SC Roll of Attorney No. 40098
MCLE Compliance No. IV-0016181, 4-10-13

VERIFICATION AND OATH

TOM LUI M. ESTRELLA, of legal age, after having been duly


sworn in accordance with law, hereby deposes and says:

1. He is the plaintiff in the above-entitled case;

2. He has caused the preparation of the foregoing Complaint by


his retained counsel based on facts and information furnished
him;

3. He has not heretofore commenced any action or filed any


claim involving the same issues in any court, tribunal or any
quasi-judicial agency, and to the best of his knowledge, no
such any action or claim is pending and if he should thereafter
learn that the same or similar action or claim has been filed or
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is pending, he shall report that fact within five (5) days
therefrom to the court;

4. He has read and understood each and every allegation


contained therein and that the records are all true and correct
of his personal knowledge or based on authentic records.

Quezon City, March 12, 2019.

TOM LUI M. ESTRELLA


Plaintiff-Affiant

SUBSCRIBED AND SWORN to before me this ____ day of May


2014 at Quezon City. Affiant exhibited to me her Senior Citizens I.D.
No. 71915 issued on January 21, 2008 at Quezon City.

Doc. No. ;
Page No. ;
Book No. ;
Series of 2012.