REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT OF METRO MANILA
BRANCH 123, CITY OF MANILA

MARIA JUANA GARCIA

Plaintiff,

-versus- Civil Case No. 1234567

For : Accion Publiciana and
Damages

JOIE PIMENTEL
Defendant,
X---------------------------------------------------------/

COMPLAINT

Comes now, MARIA JUANA GARCIA, with the assistance of the un-
dersigned counsel, unto this Honorable Court, most respectfully states:

The Parties

1. Complainant, MARIA JUANA GARCIA, 52 years old, married and residing

at 960 Miguelin Street Sampaloc Manila.

2. Defendant, JOIE PIMENTEL, 45 years old, married and residing at 123 Dos
Castillas Street Sampaloc Manila.

The Facts

3. Plaintiff in the case at bar is the registered owner of a residential house and
the land where it is situated in 123 Dos Castillas Street Sampaloc Manila, as
herein provided in ANNEX “A”.

4. Aforesaid property has a Fair Market Value of P1,500,000 and an assessed

value of P30,000, as stated in ANNEX “B”.

5. On December 04, 2016, Plaintiff and the Defendant entered into a CON-
TRACT TO SELL, duly executed and attached as ANNEX “C”.

6. The contract provides that the Defendant has the right to occupy the property,
upon payment of P50,000 as downpayment, with a condition that she will
pay P10,000 per month for 10 years as her installment payment for the Con-
tract to Sell covering the same property.

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7. Until she paid completely her amortization and a Deed of Sale or Transfer of
Property is executed between the parties herein, Defendant is merely a
Lessee or Tenant of the Plaintiff who holds the ownership over the property
subject of the sale.

8. Provided further that if the Defendant failed to pay two (2) consecutive
monthly amortization, the Contract to Sell shall be rescinded and her pay-
ments shall be forfeited and construed as lease payments automatically.

9. On March 20, 2018, Plaintiff sent the last Demand Letter, and registry receipt
and return card as proof of the receipt thereof, as attached herein as ANNEX
“D”, to the Respondent claiming monthly amortization for the months of
January and February.

10.Failure of the Defendant to heed to the demands of the Plaintiff, the latter
informed the former that the Contract to Sell was rescinded and their pay-
ments were all forfeited, and to request to vacate the property.

11. Still, to no avail, the Defendant refuses to vacate the premises of the Plain-
tiff which causes damage and prejudice the Plaintiff, thus, this petition was
filed.

Discussion

I. PLAINTIFF HAS A BETTER

RIGHT OF POSSESSION OVER
THE PROPERTY, THUS ENTI-
TLED TO RECOVER IT.

12. Accion Publiciana is an ordinary civil proceeding to recover the better right
of possession, where the issues of the case extend beyond those commonly
involved in unlawful detainer suits. The issue involved is not possession de
facto but possession de jure under various contractual arrangements.1

13. According the facts, the contractual arrangement executed by the parties is
the Contract to Sell. A Contract to Sell is akin to a conditional sale2, where
the ownership or title is retained by the seller and is not to pass until the ful-
fillment of a future and uncertain event, such as full payment of the price,
and failure of which is not a breach, casual or serious, but simply an event
that prevented the obligation of the vendor to convey title from acquiring

1 De Leon v. Court of Appeals (G.R. No. 96107, June 19, 1995).

2 Serrano vs. Caguiat, 517 SCRA 57 (2007).

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 binding force.3 The same agreement gives the Defendant the right to possess
the property subject to certain limitations. Thus, failure to comply with the
said agreement, Defendant, who does not have any ownership over the prop-
erty, loses his Right to Possess the same.

14. Based on the Contract to Sell, which is the law between the parties, failure
of the Defendant to pay two (2) consecutive monthly amortization, the Con-
tract shall be rescinded and her payments shall be forfeited and construed as
lease payments. Through this, the Plaintiff, who reserved the ownership of
the property until full payment was made, has all the right to rescind the Sale
due to Breach of Contract for non-payment of the amortization.

15. Failure to heed to the demand letters duly received by the Defendant to pay
the amortization and to vacate the premises, the Plaintiff was left with no
choice other than to rescind the contract.

II.DEFENDANT IS LIABLE FOR

PAYMENT OF MORAL DAM-
AGES, EXEMPLARY DAM-
A G E S A N D AT T O R N E Y ’ S
FEES.

16.As a result of the unwarranted and unjustifiable refusal of the Defendant to

vacate the premises, Plaintiff is constrained to secure the services of counsel
and agreed to pay the sum of P30,000.00 by way of attorney’s fees plus
P1,000.00 court appearances;

17.Additionally, as a consequence of the aforestated wrongful acts of the defen-

dant, plaintiff suffered sleepless nights and serious anxiety for which he
asked the sum of P100,000.00 as moral damages and to set an example to
others similarly situated plaintiff should awarded exemplary damages in the
sum of P50,000.00 and defendant to pay the cost of this suit.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed upon

the Honorable Court that after notice and hearing, judgment be rendered as fol-
lows:

1. Declaring the rescission of the Contract to Sell executed between

Plaintiff and Defendant;

3 Roque vs. Lapuz, 96 SCRA 741 (1980).

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 2. Ordering the defendant his servants and those residing and working
under them to vacate subject property and to deliver possession there-
on to the Plaintiff;

3. To pay the plaintiff the sum of P10,000.00 a month from January

2018 until such time that the property is delivered to the Plaintiff;

4. Ordering the defendant to pay the plaintiff the sum of P30,000.00 as

attorney’s fees and the sum of P1,000.00 per court appearance;

5. Ordering the defendant to pay plaintiff the sum of P100,000.00 by way

of moral damages and the sum of P50,000.00 by way of exemplary
damages;

6. Ordering the defendant to pay plaintiff such amount proven in court as

additional expenses.

Such other reliefs just and equitable under the premises are likewise most
prayed for.

Respectfully submitted. City of Manila, November 22 ,2018.

MARIA JUANA GARCIA

Plaintiff

FUERTE LAW OFFICE

Counsel for Complainant
14th Floor Philamlife Tower
8767 Paseo de Roxas, Makati City
Tel. No. 702-5930 to 02
Email: vloffice@gmail.com

By:
MA. FLORENCE R. FUERTE
Contact No.: 09155441851/413-0000
IBP No. 457133/1-3-2014/Manila
PTR No. 32414131/1-3-2014/Manila
MCLE Compliance No. V-0012345
Roll No. 12345

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 VERIFICATION AND CERTIFICATION
AGAINST FORUM SHOPPING

I, the undersigned affiant, of legal age, after being duly sworn, depose
and say:
1.That I am the complainant in the above-entitled case;
2.That I have caused the preparation of the foregoing Position Paper;
3. That I have read the same and the allegations contained therein are true
and correct of my personal knowledge and/or based upon the authentic
records of the case;
4. That I hereby certify that I have not commenced any other action or pro-
ceeding involving the same issues in the Supreme Court, the Court of Ap-
peals, or any other tribunal or quasi-judicial agency in this jurisdiction;
5. That to the best of my own knowledge, no such action or proceeding is
pending in the Supreme Court, the Court of Appeals, or any other tribunal
or quasi-judicial agency in this jurisdiction;
6. That if I should thereafter learn that a 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 in this jurisdiction, I under-
take to report that fact within five (5) days therefrom to this Honorable
Labor Arbiter.

IN WITNESS WHEREOF, I have set my hand this 22nd day of No-

vember 2018 in City of Manila, Metro Manila.

MARIA JUANA GARCIA

Affiant

SUBSCRIBED AND SWORN to before me this 22nd of November

2018 in City of Manila, Philippines. Affiant, who is known to me to be the per-
son who executed the foregoing position paper, exhibited to me her Passport ID
# 123456789 as competent proof of her identity.

Notary Public

Doc No. ______

Page No. _____
Book No. _____
Series of 2018

Copy Furnished:
JOIE PIMENTEL
123 Dos Castillas Street
Sampaloc Manila.

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