Republic of the Philippines

Municipal Trial Court

Branch 5
City of MagagandangLahi

Mrs Maria Hipolito, plaintiff

Civil Case No. 2 for:

Accompanied by his Attorney in fact,

Detainer)

Ejectment (Unlawful

Atty. Michael Mabuhay

-versus-

Mr. Mario Dalisay, Defendant

x-----------------------------------------x

COMPLAINT
COMES NOW, the plaintiff together with the undersigned counsel to this most honorable court,
MOST RESPECTFULLY STATES THAT

1. The Plaintiff is of legal age, married and a resident of Ligaya Subdivison., Municipality of
Magagandang Lahi, Province of Pampanga. The Defendant is likewise of legal age, married and
residing at Sitio Maligaya, Brgy. Masaya, Municipality of MagagandangLahi Province of
Pampanga.
2. The Plaintiff is the owner of 100 hectares of land situated at the SitioMaligaya, Brgy. Masaya,
Municipality of MagagandangLahi, Province of Pampanga as evidenced by the deed of sale.
( EXHIBIT A)
3.
The Defendant is the tenant for aid of the 100 hectares of land that is owned by the Plaintiff
as evidenced by the written Tenancy Agreement that both parties agreed and signed. (Exhibit
B)
4.
The Plaintiff and the Defendant came up with a written tenancy agreement on October 16,
2000 , which they both agreed upon and was duly signed by the two parties as shown in their
tenancy agreement. (Exhibit B)
5. Item No. 3 of the agreement which the defendant signed expressly provides that no rental fee
is allowed and he will only take good care with utmost dliligence and preserve the 100 hectares
of land and its premises. (Exhibit B)

6.
Item No. 7The agreement also provides for the transfer the lot in as good and tenable
condition as the same is now, ordinary wear and tear expected devoid of all occupants upon
expiration or cancellation of the periodic agreement, otherwise, non-compliance with the terms
of this clause by the defendant will give the plaintiff the right, at the latter's option, to refuse to
accept the delivery of the premises and compel the defendant to pay the damages that wouldnt
benefit the lessor as penalty until the defendant shall have complied with the terms hereof.
7. On February 2, 2016, the plaintiff, was surprised to discover that Pedro (son of the defendant),
authorized by the defendant constructed a house on one of the 100 hectares of land owned by the
plaintiff. Worse, he constructed a residential house without the consent of the Plaintiff.
8. The plaintiff ordered a summary of demolition of the house but the Brgy. Captain prevented
her to do such act.
9. Plaintiff, ordered a summary of demolition on the basis of the non-authorization for the
construction of the house and the deprivation of possession over the land made by the defendant
against her.
10. The defendant willfully and maliciously violated the agreement which they mutually agreed
upon, and which the defendant signed

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that
judgement be rendered in favor of the plaintiff and that after judgement;

a.

The house constructed by Pedro within the 100 hectares of land be demolished.

b.

The defendant shall be ordered to pay for the Attorneys Fees.

Such other reliefs and remedies under the premises are likewise prayed for.

Pampanga, Philippines, this 4th day of November 2016.

Atty. Michael Mabuhay

Counsel for the Plaintiff
PTR No. 18909595:1-04-07:B.C.
IBP No, 693095:1-04-07:B.C.
Roll No. 42481:5-10-97: Manila
Rm. 4 2/F BRV Law Office
City of MagagandangLahi, Philippines

VERIFICATION AND CERTIFICATION

I, Mrs. Maria Hipolito, of Legal age, married, Filipino Citizen and a resident ofLigayaSubd.,
Brgy. Masaya, City of MagagandangLahi, Pampanga, after being sworn according to law, hereby
depose and state that;

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are true and correct of my personal
knowledge and/or on the basis of copies of documents and records in my possession;
4. I have not commenced any other action or proceeding involving the same issues in the
Supreme Court, the Court of Appeals, or any other tribunal or agency;
5. To the best of my knowledge and belief, no such action or proceeding is pending in the
Supreme Court, the Court of Appeals, or any other tribunal or agency;
6. 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 agency, I undertake to
report that fact within five (5) days therefrom to this Honorable Court.

Maria Hipolito
Complainant
In witness thereof, I, Atty. Michael Mabuhay, counsel of the plaintiff, have herunto set my hand
this 4th of November at Pampanga, Philippines.

Poging Attorney
Counsel for the Plaintiff
PTR No. 18909595:1-04-07:B.C.
IBP No, 693095:1-04-07:B.C.
Roll No. 42481:5-10-97: Manila
Rm. 4 2/ BRV Law Office

MagagandangLahi, Pampanga