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Republic of the Philippines

REGIONAL TRIAL COURT


11th Judicial Region
Branch 3
Davao City

Spange Bab, Plaintiffs, Case No. R-DVO-29-2019-CV

-versus- For: RECOVERY OF PARCEL


OF LAND AND BUILDING
Squid Ward, Defendants. (ACCION PUBLICIANA) ON
EXPIRED LEASE BEYOND 1 x
xx

COMPLAINT

Plaintiff, thru counsel, respectfully avers that:

1. The Plaintiff is of age and a resident of Block 32 Lot 31 Clarity Street Pag
Ibig Homes Buhangin Davao City while the defendant is also of age, with
residence at Block 23, Lot 13, Malabo St., Boulevard, Davao City where he
may be served with summons and other court processes;

2. The Plaintiff is the absolute and registered owner of a parcel of land


under Transfer Certificate of Title No. PT 98765 (See ANNEX A) situated at
Block 23, Lot 13 Malabo St., Boulevard, Davao City, and the lessor of a
certain 2-storey building located therewith, which is currently being leased
and occupied by the defendant;

3. On December 3, 2015, 2 days after the Plaintiff arrived from California,


United States, where he resided since 1995, it came to his knowledge that
his parents Spouses Patrick and Sandy Bab (Spouses for brevity), entered
into a Contract of Lease on January 25, 2000 with the Defendant, leasing the
2-storey building (See ANNEX B). Such transaction was made without any
authority granted to the ‘Lessor’ to enter into the contract.

4. In the Contract, the Lessor leases and occupies the back portion of the
building under the express obligation of paying a monthly rent of one
hundred thousand pesos (P100,00.00). Subsequently, the contract was
renewed for the same term and amount commencing January 25, 2010 to
January 25, 2020.

5. Upon knowledge, on December 5, 2015, Plaintiff immediately released a


Notice to the Lessees (See ANNEX C) stating that the Contract of Lease
was void on the ground of lack of authority from real owner to enter into
such contract. Attached in the notice is a new Contract of Lease with terms
and conditions set upon by the real owner of the land and building should
they wish to continue using the involved property (See ANNEX D).

6. The Defendant refused to accept the new Contract and insisted on the
validity of the old Contract they signed with the Spouses in 2000.
7. On January 5, 2016, the defendant failed to pay the rents. Without any
legal justification, defendant continuously refuses to pay the said amount
despite repeated oral demands.

8. On June 25, 2016, the defendant personally received a written demand


letter from Plaintiff. A copy of demand letter to pay is attached here as
ANNEX E.

9. On November 4, 2016, a barangay conciliation was held but failed (See


ANNEX F).

10. On December 5, 2016, Plaintiff filed Unlawful Detainer before


Metropolitan Trial Court of Davao City, however on November 30, 2017, it
was dismissed due to techinicalities (See ANNEX G).

11. A new demand letter was sent and received personally by the
defendant on January 5, 2018. A copy of the final demand letter to pay the
arrears is here attached as ANNEX H.

12. Notwithstanding these written and oral demands, defendant has


repeatedly failed and up to now still refuses to turn over the said premises
peacefully to the Plaintiff.
Thus, on March 5, 2018 Plaintiff sent defendant a Notice to Vacate, (See
ANNEX I) demanding him to vacate and peacefully surrender to the
Plaintiff the aforesaid premises, the possession of which defendant has
unlawfully withheld from the latter.
WHEREFORE, it is respectfully prayed that after due hearing, judgment be
rendered in favor of the Plaintiff:

A. For the restitution of the abovementioned premises; and


B. For the payment of five million pesos (P5,000,000) representing the
arrears of rent now overdue, with legal interest from the filing of the
complaint, and costs of suit.

Other reliefs just and equitable are likewise prayed for.

Davao City, this 6th day of February, 2019.

Ambrocio, Laurente, Pajaro Law Firm


Counsel for Plaintiff
Door 1, Waikiki Bottom, Davao City, Philippines
Tel. +6382 234-5656. Mob. +639155674321 Email. ALPlLawOffice@gmail.com

By:

KATHLEEN KAYE M. LAURENTE


Rolls of Attorneys No. 2016400043
PTR No. 10262018/01-25-2019/ Davao City
IBP Lifetime Roll No. 10261986/06-01-2018/ Metro Manila
MCLE Compliance No. – Exempt (New Lawyer, 2018)

EUNICE L. AMBROCIO
Rolls of Attorneys No. 2008-000088
PTR No. 9189180/06-25-2019/ Davao City
IBP Lifetime Roll No. 918918/05-25-2018/ Metro Manila
MCLE Compliance No. – Exempt (New Lawyer, 2018)

VICENTE ADRIAN PAJARO


Rolls of Attorneys No.. 2008-000088
PTR No. 1199229/06-25-2021/ Davao City
IBP Lifetime Roll No. 400001/05-25-2021/ Metro Manila
MCLE Compliance No. – Exempt (New Lawyer, 2021)

Doc No. _____;


Page No. _____;
Book No. _____;
Series of 20______.
VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING

I, Spange Bab, Petitioner in the above-captioned case, single, of legal age,


Filipino, after having been sworn, in accordance with law, hereby depose
and state that:

1. I am the Petitioner in the above-captioned case;

2. I have read and understood the contents hereof of this Petition for
Review, and the facts herein alleged are true and correct of my own
knowledge and based on available verifiable records;

3. I heretofore have not commenced any other action or proceeding or any


claim, or filed any claim involving the same issues raised in the above-
captioned case, in this Honorable Supreme Court, in the Court of
Appeals, nor the different Divisions thereof, nor in any other court or
tribunal or agency and, to the best of my knowledge, no such other
action or claim is pending therein;

4. I hereby undertake to notify this Honorable Court of such fact within


five (5) days from receipt of such knowledge, should I come to learn
that the same or a similar action or claim has been filed or pending in
the Supreme Court, Court of Appeals, the different Divisions thereof, or
any other court or tribunal or agency;

5. I am executing this sworn statement in compliance with Section 5, Rule


7 of the 1997 Rules of Court.

__________________
Affiant
SUBSCRIBED and SWORN TO before me this 6th day of February
2019 at Davao City, Philippines, affiant exhibiting to me her SSS ID with ID
No. 123-234 issued by the Social Security System, as competent evidence of
her identity, and she personally acknowledged to me that the foregoing
“Petition” is her free and voluntary act and deed. Machine copy of this SSS
ID is hereto attached.

Atty. Pearl Krabs


Notary Public
PTR No. 1234567, Davao City, 1/2/17
IBP OR No. 654321, Davao City, 1/2/17
Attorney’s Roll No. 11122
MCLE Compliance Certificate No. IV-
0025415, Pasig City, 1/2/17

Doc No. _____;


Page No. _____;
Book No. _____;
Series of 20______.
Republic of the Philippines )
Province of Davao del Sur ) s.s.
City of Davao

AFFIDAVIT OF FILING AND SERVICE

I, Spange Bab of legal age, Filipino, and a resident of Block 32, Lot 31
Clarity Street Pag Ibig Homes Buhangin Davao City, after having been
duly sworn to in accordance with law hereby depose and say that:

On February 6, 2019, I filed and served copies of the Comments by:

Registered Mail to: Squid Ward

by depositing a copy thereof, in the post office of Davao City, as


evidenced by Registry Receipt No. 102030 hereto attached and
indicated after the names of the addressee/s and with
instructions to the post master to return the mail to the sender
after ten (10) days if undelivered.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 6th day


of February, 2019 at Davao City, Philippines.

__________________
Affiant
SUBSCRIBED AND SWORN TO BEFORE me this 6th day of
February, 2019 at Davao City, Philippines.

Atty. Pearl Krabs


Notary Public
PTR No. 1234567, Davao City, 1/2/17
IBP OR No. 654321, Davao City, 1/2/17
Attorney’s Roll No. 11122
MCLE Compliance Certificate No. IV-
0025415, Pasig City, 1/2/17

Doc No. _____;


Page No. _____;
Book No. _____;
Series of 20______.