Republic of the Philippines

REGIONAL TRIAL COURT

11 Judicial Region
th

Branch 123, Davao City

MR. JACK ROLLAN ANINO Civil Case No. 12345

Plaintiff, For: Unlawful Detainer

- versus -

Ellan Get Tingson

Defendant.

X------------------------------------------------------------------ X

COMPLAINT

Plaintiff, through counsel, most respectfully states;

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

Buhangin Davao City, wherea defendant is likewise a Filipino,
of legal age, single and residing at Bunawan, Davao City, at
which addresses the parties herein may be served with
summons and other court processes;
2. That plaintiff is the owner of a house and lot, located at
Buhangin Davao City, and described a s follows;

TCT o. T-15000

“Beginning at a point marked “1” on plan being N. 37deg.

09’W.,2085.81 m. from BLLM No. 03, Cad. 174 thence..........

S. 89 deg. 56’ W., 11.88 m. to pint 2

 N. 00 deg. 04’ W., 18.93 m. to point 3

N. 00 deg. 03’ W., 18.96 m. to point 4

N. 89 deg. 59’ E., 11.88 m. to point 5

S. 00 deg. 04’ E., 37.88 m. to point of beginning.

Containing an area of THIRTY THOUSAND FOUR HUNDRED SEVENTY-TWO (30,472) SQUARE

METERS, more or less. All points referred to are indicated on the plan and are
marked on the ground as follows: All points by P”.S” cyl. Conc. Mons. 15 x 50
cms. Bearings true...”

TCT o. T-15002

“Beginning at a point marked “1” on plan being N. 37deg.

09’W.,2085.81 m. from BLLM No. 03, Cad. 174 thence..........

S. 89 deg. 56’ W., 11.69 m. to pint 2

N. 00 deg. 04’ W., 18.01 m. to point 3

N. 00 deg. 03’ W., 18.01 m. to point 4

N. 89 deg. 59’ E., 11.88 m. to point 5

S. 00 deg. 04’ E., 37.88 m. to point of beginning.

Containing an area of THIRTY THOUSAND (30,000) SQUARE METERS, more or less.

All points referred to are indicated on the plan and are marked on the ground
as follows: All points by P”.S” cyl. Conc. Mons. 15 x 50 cms. Bearings
true...”

3. That on January 11,2015, plaintiff entered into a written

contract with defendant whereby the former leased to the
latter the above-described property for the period of 5 years,
starting January 11, 2015 for the monthly rental of 15,000
Php, copy of which contract of lease is attached hereto as
Annex “A”;
4. That by virtue of the said contract, Annex “A” , defendant took
possession of the property in question on January 11,2015
and he is still in possession of the same up to the present
time;
 5. That the period stipulated in the contract, Annex “A”, has
already expired but defendant refused and still refuses to
vacate the property, in spite of repeated demands and a
written notice in advance, copy of which is attached hereto as
Annex “B”;
PRAYER

WHEREFORE, plaintiff prays for judgment in his favor ordering

defendant to vacate the premises and to return the possession
thereof to plaintiff plus costs, and other remedies which are just
and proper under the premises.

(PLACE , DATE, AND SIGNATURE)

 VERIFICATION AND CERTIFICATION

AGAINST FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES)

CITY OF DAVAO ) S.S.

X -------------------------------------------- X

I, Jack Rollan S. Anino, of legal age, Filipino, 28, and a resident of Davao City, after
having been duly sworn to in accordance with law, do hereby depose and state that:

1. I am the plaintiff in the above civil case; that I have cause the preparation of this
complaint; that I have read and understood the contents thereof; and that the same are
true and correct to the best of my own personal knowledge and based on documents;

2. That I hereby certify under oath that I have not commenced any other action or
proceeding involving the same issues raised unto this Honourable Court before any
other court, tribunal, or quasi-judicial agency;

3. That should it come to my attention that a similar action or proceeding has been filed or
is pending in the aforementioned court, tribunal, or quasi-judicial agency, I hereby
undertake to report this fact with this Honourable Court within a period of five (5) days
from the time I learn of the pendency of such action, and providing this Honourable
Court the complete status thereof.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ______________ at

Davao City, Philippines.

_____________________

AFFIANT

Unified Multi-Purpose ID No. 1234567

SUBSCRIBED AND SWORN to before me this ________________ at Davao City, Philippines,

affiant exhibiting to me her identification number above-indicated.

Doc No. ___

Page No. ____

Book No. ____

Series of 2020
ANNEX A

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT OF LEASE is made and executed at the City of Davao, this
day of January, 2020, by and between:

Jack Rollan S. Anino, of legal age, single, Filipino, and with

residence and postal address at (Address), hereinafter referred to as
the LESSOR.

-AND-

Ellan Get Tingson, Filipino and with residence and postal address at
Buhangin Davao City, hereinafter referred to as the LESSEE.

WITNESSETH; That

WHEREAS, the LESSOR is the owner of THE LEASED PREMISES, a

residential property situated at ( Buhangin Davao City);

WHEREAS, the LESSOR agrees to lease-out the property to the LESSEE

and the LESSEE is willing to lease the same;

NOW THEREFORE, for and in consideration of the foregoing premises,

the LESSOR leases unto the LESSEE and the LESSEE hereby accepts from
the LESSOR the LEASED premises, subject to the following:

TERMS AND CONDITIONS

1. PURPOSES: That premises hereby leased shall be used exclusively by

the LESSEE for residential purposes only and shall not be diverted to other
uses. It is hereby expressly agreed that if at any time the premises are
used for other purposes, the LESSOR shall have the right to rescind this
contract without prejudice to its other rights under the law.

2. TERM: This term of lease is for Five (5) YEAR. From (January 11,
2015) to (January 11, 2020) inclusive. Upon its expiration, this lease may
be renewed under such terms and conditions as my be mutually agreed
upon by both parties, written notice of intention to renew the lease shall
be served to the LESSOR not later than seven (7) days prior to the expiry
date of the period herein agreed upon.

3. RENTAL RATE: The monthly rental rate for the leased premises shall
be in PESOS: Fifteen thousand Pesos (P 15,000.00), Philippine Currency. All
rental payments shall be payable to the LESSOR.
4. DEPOSIT: That the LESSEE shall deposit to the LESSOR upon signing
of this contract and prior to move-in an amount equivalent to the rent for
THREE (3) MONTHS or the sum of PESOS: Fifteen Thousand Pesos (P
15,000.00), Philippine Currency. Wherein the two (2) months deposit shall
be applied as rent for the 11th and 12th months and the remaining one (1)
month deposit shall 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
this contract.

5. DEFAULT PAYMENT: In case of default by the LESSEE in the payment

of the rent, such as when the checks are dishonored, the LESSOR at its
option may terminate this contract and eject the LESSEE. The LESSOR has
the right to padlock the premises when the LESSEE is in default of payment
for One (1) month and may forfeit whatever rental deposit or advances
have been given by the LESSEE.

6. SUB-LEASE: The LESSEE shall not directly or indirectly sublet, allow

or permit the leased premises to be occupied in whole or in part by any
person, form or corporation, neither shall the LESSEE assign its rights
hereunder to any other person or entity and no right of interest thereto or
therein shall be conferred on or vested in anyone by the LESSEE without
the LESSOR'S written approval.

7. PUBLIC UTILITIES: The LESSEE shall pay for its telephone, electric,
cable TV, water, Internet, association dues and other public services and
utilities during the duration of the lease.

8. FORCE MAJEURE: If whole or any part of the leased premises shall

be destroyed or damaged by fire, flood, lightning, typhoon, earthquake,
storm, riot or any other unforeseen disabling cause of acts of God, as to
render the leased premises during the term substantially unfit for use and
occupation of the LESSEE, then this lease contract may be terminated
without compensation by the LESSOR or by the LESSEE by notice in writing
to the other.

9. LESSOR'S RIGHT OF ENTRY: The LESSOR or its authorized agent

shall after giving due notice to the LESSEE shall have the right to enter the
premises in the presence of the LESSEE or its representative at any
reasonable hour to examine the same or make repairs therein or for the
operation and maintenance of the building or
to exhibit the leased premises to prospective LESSEE, or for any other
lawful purposes which it may deem necessary.

10. EXPIRATION OF LEASE: At the expiration of the term of

this lease or cancellation thereof, as herein provided, the LESSEE will
promptly deliver to the LESSOR the leased premises with all corresponding
keys and in as good and tenable condition as the same is now, ordinary
wear and tear expected devoid of all occupants, movable furniture, articles
and effects of any kind. Non-compliance with the terms of this clause by
the LESSEE will give the LESSOR the right, at the latter's option, to refuse
to accept the delivery of the premises and compel the LESSEE to pay rent
therefrom at the same rate plus Twenty Five (25) % thereof as penalty
until the LESSEE shall have complied with the terms hereof. The same
penalty shall be imposed in case the LESSEE fails to leave the premises
after the expiration of this Contract of Lease or termination for any reason
whatsoever.

11. JUDICIAL RELIEF: Should any one of the parties herein be

compelled to seek judicial relief against the other, the losing party shall pay
an amount of One Hundred (100) % of the amount clamed in the
complaint as attorney's fees which shall in no case be less than P50,000.00
pesos in addition to other cost and damages which the said party may be
entitled to under the law.

12. This CONTRACT OF LEASE shall be valid and binding between the
parties, their successors-in-interest and assigns.

IN WITNESS WHEREOF, parties herein affixed their signatures on the

date and place above written.

(Jack Anino)SGD (Ellan Tingson)SGD

LESSOR LESSEE

Signed in the presence of:

_____________________________ _____________________
_________

ACKNOWLEDGEMENT

Republic of the Philippines)

_________________________) S.S

BEFORE ME, personally appeared:

Name ID Number Date/Place Issued

(Jack Anino) PRC 10000000 January 1, 2020 / Davao City

(Ellan Get Tingson) SSS 20000000 January 07, 2020 / Davao

Known to me and to me known to be the same persons who executed the

foregoing instrument and acknowledged to me that the same is
their free and voluntary act and deed.

This instrument consisting of ____ page/s, including the page on which this
acknowledgement is written, has been signed on each and every page
thereof by the concerned parties and their witnesses, and and sealed with
my notarial seal.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public

Doc. No.______;
Page No. ______;
Book No.______;
Series of 20___.

Annex B

Demand Letter to Vacate

January 27, 2020

ELLAN GET TINGSON
Buhangin Davao City

Dear Mr. Ellan

It has been 30 days since you received my letter dated December

27, 2019 and still, you have failed to vacate the premises you
leased.

Please be reminded that I have sent you several letters of demand

for you to vacate the premises but the same letters have been left
unanswered. Consider this then, as my last and final demand for
you to pay your account within five (5) days from receipt and to
VACATE THE premises within ten (10) days from receipt of this
notice. Otherwise, I shall be constrained to commence suit to
protect my interests.

Very truly yours,

Jack Rollan Anino