Republic of the Philippines

Municipal Trial Court

7th Judicial Region
Palace of Justice
Branch _________

General Motors Corporation,

Plaintiff,
-versus-

Civil Case No. _______

For: Unlawful Detainer
and ejectment

Cebu Automatic Motors Inc.,

Defendant
x________________________________/
COMPLAINT
Plaintiff, by counsel and to this Honorable Court respectfully states
that:
1. Plaintiff is a domestic corporation, organized and existing in
accordance with law and with business address at #89 F. Lapulapu St. Cebu City where it maybe served with orders, notices
and pleadings;
2. Defendant, Cebu Automatic Motors, Inc. (CAMI) a domestic
corporation, organized and existing in accordance with law and
with business address at #89 F. Lapu-lapu St. Cebu City where it
maybe served with orders, notices and pleadings;
3. Plaintiff is the registered owner of the GMC Plaza Complex, a
commercial building situated at Legaspi Extension corner
McArthur Boulevard, Cebu City;
4. On February 2, 2013, GMC, represented by its General Manager,
Luis Calalang Jr. (Calalang), entered into a contract with CAMI
through Tirso Uytengsu III for the lease of a 2,906 square meter
commercial space within GMCs building (leased premises), copy
of which is attached hereto as Annex A, and made an integral
part hereof.
5. The lease contract was for a period of twenty (20) years, with the
monthly rental fixed at P10,000.00.
6. The contract entered into with the Defendant provides that:

C. The LESSEE shall upon the signing of this contract

immediately deposit with the LESSOR the following
amounts:
a. The sum of PESOS: - TEN THOUSAND & 00/100
(P10, 000.00) inclusive of VAT Philippine currency, to
be applied as rental for the last month;
b. The sum PESOS TEN THOUSAND & 00/100
(P10,000.00) as guarantee deposit to defray the cost
of the repairs necessary to keep the leased premises
in a good state of repair and to pay the LESSESSS
unpaid bills from the various utility services in the
leased premises; that this amount shall be
refundable, if upon the termination of this contract,
the leased premises are in good state of repair and
the various utility bills have been paid.
xxxx
H. THE LESSEE shall not place or install any signboard,
billboard, neon lights, or other form of advertising signs on
the leased premises or on any part thereof, except upon
the prior written consent of the LESSOR.
xxxx
M. FINALLY, the failure on the part of the LESSOR to insist
upon a strict performance of any of the terms, conditions
and covenants hereof shall not be deemed a
relinquishment or waiver of any right or remedy that said
LESSOR may have, nor shall it be construed as a waiver of
any subsequent breach or default of the terms, conditions
and covenants herein contained, unless expressed in
writing and signed by the LESSOR or its duly authorized
representative.
7. The contract further stipulated that the property shall be used
exclusively by CAMI as garage and repair shop for vehicles;
8. Defendant violated the provisions of the lease contract when it
subleased a portion of the leased premises without securing
Plaintiffs prior written consent; introduced improvements to the
leased premises without securing the latters consent; and
Defendant did not deliver the required advance rental and
deposit to the Plaintiff upon the execution of the lease contract;
9. On June 11, 2014, GMC sent CAMI a letter informing the latter
that it was terminating the lease contract on that date;
10.
Plaintiff demanded that Defendant vacate the premises
and settle all its unpaid accounts before the end of that month;

11.
This action is filed under the summary procedure under
Rule 70 of the Rules of Court;
12.
Despite Plaintiffs repeated demands and reminders for
compliance, Defendant refuses to vacate the leased premises;
13.
Plaintiff was constrained to engage the services of counsel
in order to protect its interest and has agreed to pay legal fees of
P50,000 and appearance fees of P2,000 per hearing;
14.
Plaintiff expects to incur expenses of litigation which is
conservatively placed at 20,000.
PRAYER
WHEREFORE, Plaintiff respectfully prays to this Honorable Court
to render judgment against Defendant requiring the latter:
a) To pay the required advance rental and deposit agreed upon in
the lease contract;
b) To order the defendant to vacate the premises;
c) Attorneys fees of 50,000 and P2,000;
d) Litigation Expenses of 20,000;
e) Cost of this suit;
Plaintiff further pray for such relief as may be just and equitable in the
premises.
Cebu City Philippines, October ______, 2015

COLINA AND ASSOCIATES LAW

FIRM
3/F USC Law and Business Building
Pelaez St. Cebu City

By:
APPLE JOY COLLADOS
PTR No. 1234567 1-06-10 Cebu
City
IBP Lifetime Member No. 00234
Roll No. 23075
MCLE Compliance No. III-0009876

MARICRIS COLINA
PTR No. 1234567 1-06-10 Cebu
City
IBP Lifetime Member No. 00234
Roll No. 23075
MCLE Compliance No. III-0009876

LOUISE DAGATAN
PTR No. 1234567 1-06-10 Cebu
City
IBP Lifetime Member No. 00234
Roll No. 23075
MCLE Compliance No. III-0009876

DANA FLYNCH DE LIRA

PTR No. 1234567 1-06-10 Cebu
City
IBP Lifetime Member No. 00234
Roll No. 23075
MCLE Compliance No. III-0009876

AND THE REST OF THE GANG

PTR No. 1234567 1-06-10 Cebu
City
IBP Lifetime Member No. 00234
Roll No. 23075
MCLE Compliance No. III-0009876