(Complaint for Ejectment / Unlawful Detainer with Prayer for the Issuance of a Writ of Preliminary Mandatory Injunction)

(CAPTION)

COMPLAINT
C ME! " W the Plaintiff, by undersigned counsel, and unto this Honorable Court, most respectfully alleges that

1. Plaintiff is of legal age, !ilipino, (single " married " #ido#), and a resident of #############, Philippines$ !or purposes of this action, Plaintiff may be ser%ed #ith copies of our notices and orders of the Honorable Court at the office address of the undersigned counsel indicated belo#& 2. Defendant is also of legal age, !ilipino, and for purposes of this action, he may be ser%ed #ith summons and other processes of this Honorable Court at his residence and post'office address at (((((((((((((, Philippines& 3. Plaintiff is the true and registered o#ner of a certain parcel of land situated in #############, Philippines, consisting of appro)imately ############# (#####) s*uare meters, and identified as +ot (((((((( and co%ered by Transfer Certificate of Title No$ ############# of the ,egistry of -eeds of #############& .achine copy of said Transfer Certificate of Title No$ ############# is attached hereto as ANN/0 121& 4. That sometime in #############, -efendant and his family began to be in possession of the said property, not by %irtue of any title or contract, but merely upon the Plaintiff3s tolerance, as he had no immediate need of the said property at that time& 5. That on #############, Plaintiff demanded that -efendant %acate and return the possession of the said parcel of land to the herein Plaintiff, but despite numerous demands for him and his family to %acate, -efendant has remained in illegal

possession of the said land and, up to the present, still retain such possession$ .achine copy of the said demand letter is attached hereto as ANN/0 1C1& 6. 4hile possession by tolerance is la#ful, such possession becomes illegal upon demand to %acate is made by the o#ner and the possessor by tolerance refuses to comply #ith such demand (Prieto %s$ ,eyes, 56 7C,A 689& :u %s$ -e +ara, ; 7C,A <=;, <==& Isidro %s$ Court of Appeals, >$,$ No$ 5?@@=;, -ecember 5@, 5AA8)& 7. A person #ho occupies the land of another at the latter3s tolerance or permission, #ithout any contract bet#een them, is necessarily bound by an implied promise that he #ill %acate upon demand (:u %s$ -e +ara, supra, cited in 7umulong %s$ Court of Appeals, >$,$ No$ 5?==5<, .ay 5?, 5AA6)& 8. That the reasonable rental %alue of the said land is ########################## (P###########) per month& 9. That due to the unBust refusal of the -efendant to %acate and to return the said land to the Plaintiff, the latter #as constrained to endorse the said matter to its legal counsel for the filing of an appropriate action in court for a fee of P ############# and the amount of P########## per court hearing& 10. That this action is being filed #ithin a period of one (5) year from the demand on -efendant to %acate the said property$

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11. Plaintiff repleads by reference all of the foregoing allegations as may be material and rele%ant under this heading& 12. -efendant3s continued illegal occupation of the said parcel of land and refusal to %acate the same and to peacefully surrender possession thereof to herein Plaintiff is #orCing gra%e inBustice and causing damage to the latter&

13. Plaintiff is entitled to the reliefs demanded, and the #hole or part of such relief consists in the immediate deli%ery and surrender by the defendants of possession of the land to the Plaintiff& 14. In the e%ent that a #rit of preliminary mandatory inBunction is granted to Plaintiff, she is ready, #illing and able to post a bond to ans#er for all damages -efendant may sustain by reason of said inBunction if the court should finally decide that Plaintiff is not entitled thereto$

PRAYER
W*E(E) (E, it is most respectfully prayed that, after due hearing, Budgment be rendered in fa%or of the plaintiffs a) Ordering the -efendant, his family, successors, assigns and all persons acting under him, to %acate +ot ############# that is co%ered by Transfer Certificate of Title No$ ############# of the ,egistry of -eeds for the Pro%ince of ############# and to peacefully turn o%er the possession thereof to the Plaintiff& b) Ordering -efendant to pay Plaintiff monthly rental at the rate of P ############# per month from the time of the filing of this action to the time possession is returned to the Plaintiff& c) Ordering -efendant to pay Attorney3s !ees in the amount of P ############# and P########### per court hearing and to pay cost of suit& d) That pending the outcome of the instant case, a writ of preliminary mandatory injunction be immediately issued ordering the -efendant, his family, successors, assigns and all persons acting under him, to immediately %acate the said parcel of land and return possession of the same to the Plaintiff$ Other reliefs Bust and e*uitable under the premises are liCe#ise prayed for$ -ate (((((((((((((, Philippines, ((-ate(($

(C U"!E%)

-E(I)IC$'I "

,/PD2+IC O! TH/ PHI+IPPIN/7) Pro%ince of (((((((((((((((((((() 7$7$ City".unicipality of ((((((((((((() )''''''''''''''''''''''')

I, #############, of legal age, !ilipino, (single " married " #ido#), and a resident of (((((((((((((, Philippines, after being s#orn in accordance #ith la#, hereby depose and say

That I am the (Plaintiff " Complainant " Petitioner) in the abo%e'entitled case& That I ha%e caused the preparation of the abo%e (Complaint " Petition) and I ha%e read the same and Cno#s the contents thereof& That the allegations contained therein are true and correct of my o#n personal Cno#ledge$

I" WI'"E!! W*E(E ), I ha%e hereunto set my hand this ((((((((((((( at (((((((((((((, Philippines$

A!!IANT

!U.!C(I.ED $"D !W (" to before me, this (((((((((((((, by ((((((((((((( #ho e)hibited to me (his"her) Community Ta) Certificate No$ ((((((((((((( issued at (((((((((((((, Philippines on ((((((((((((($

NOTA,: PD2+IC

-oc$ No$ ((((((& Page No$ ((((((& 2ooC No$ ((((((&

7eries of ((((((&

(C/,TI!ICATION O! NON'!O,D. 7HOPPIN>

AFFIDAVIT OF MERIT
I, #############, of legal age, !ilipino, (single " married " #ido#), and a resident of #############, Philippines, after being s#orn to in accordance #ith la#, depose and state

5$ That I am the plaintiff in the abo%e'captioned case filed against ############# before the .unicipal Trial Court of #############, Philippines&

9$ That I am the true and registered o#ner of a certain parcel of land situated in #############, identified as +ot ######## and co%ered by Transfer Certificate of Title No$ ############# of the ,egistry of -eeds for the Pro%ince of Negros Occidental&

8$ That since #############, -efendant ############# and his family began to be in possession of the said property upon my mere tolerance, as I had no immediate need of the said property at that time&

6$ That sometime in #############, I demanded from the -efendant that he and his family %acate and return the possession of the said property, but despite numerous demands for him to %acate, the -efendant has remained in illegal possession of the said land and, up to the present, still retain such possession&

@$ That the reasonable rental %alue of the said land is ########################## (P###########) per month&

;$ That -efendant3s continued illegal occupation of the property and refusal to %acate the same and to peacefully surrender possession thereof is #orCing gra%e inBustice and causing damage to the undersigned&

<$ That I am entitled to the reliefs demanded in my complaint, and the #hole or part of such relief consists in the immediate deli%ery and surrender by the -efendant of possession of the land to the undersigned&

=$ That in the e%ent that I am granted a #rit of preliminary mandatory inBunction, I am ready, #illing and able to post a bond to ans#er for all damages that the -efendant may sustain by reason of said inBunction if the court should finally decide that I am not entitled thereto$

I" WI'"E!! W*E(E ), I ha%e hereunto set my hand this ############# in the #############, Philippines$

A!!IANT

(,urat for an Indi/idual $ffiant)

!U.!C(I.ED $"D !W (" to before me, this (((((((((((((, by the Affiant #ho is personally Cno#n to me (or #hom I ha%e identified through competent e%idence of identity) and #ho e)hibited his"her Community Ta) Certificate No$ ((((((((((((( issued at ((((((((((((( on ((((((((((((($

NOTA,: PD2+IC

-oc$ No$ ((((((& Page No$ ((((((& 2ooC No$((((((& 7eries of 9?(((($

CE('I)IC$'I "

) " "0) (UM !* PPI"&

,/PD2+IC O! TH/ PHI+IPPIN/7) Pro%ince of (((((((((((((((((((() 7$7$ City".unicipality of ((((((((((((() )''''''''''''''''''''''')

I, #############, of legal age, !ilipino, (single " married " #ido#), and a resident of (((((((((((((, Philippines, after being s#orn in accordance #ith la#, hereby depose and certify that

(a) I ha%e not theretofore commenced any other action or proceeding or filed any claim in%ol%ing the same issues or matter in any court, tribunal, or *uasi'Budicial agency and, to the best of my Cno#ledge, no such action or proceeding is pending therein& (c) if I should thereafter learn that the same or similar action or proceeding has been filed or is pending before the 7upreme Court, the Court of Appeals, or any other tribunal or *uasi'Budicial agency, I undertaCe to report such fact #ithin fi%e (@) days therefrom to the court or agency #herein the original pleading and s#orn certification contemplated herein ha%e been filed$

I" WI'"E!! W*E(E ), I ha%e hereunto set my hand this ((((((((((((( at (((((((((((((, Philippines$

A!!IANT

!U.!C(I.ED $"D !W (" to before me, this (((((((((((((, by ((((((((((((( #ho e)hibited to me (his"her) Community Ta) Certificate No$ ((((((((((((( issued at (((((((((((((, Philippines on ((((((((((((($

NOTA,: PD2+IC

-oc$ No$ ((((((& Page No$ ((((((& 2ooC No$ ((((((& 7eries of ((((((&