Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

Eighth Judicial Region
Tacloban City
Branch 2

SUSANA O. LICOP
Plaintiff,

- versus - Civil Case No. 12345

For: Unlawful Detainer
MAYTA E. RODRIGUEZ
Respondent,

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

COMPLAINT
PLAINTIFF, by counsel, and unto this Honorable Court, most
respectfully allege: THAT

1. Plaintiff is of legal age, Filipino, with residence and postal

address at 777 Heaven St., Brgy. 92 Apitong, Tacloban City
where she may be served notices and other court processes;

2. Respondent is of legal age, Filipino, with residence and postal

address at 518 SL Apartments M. Gregorio St., San Jose, Tacloban
City;

3. Plaintiff is the absolute owner and lessor of that certain

apartment situated in Tacloban City and now leased ad
occupied by the respondent;

4. Pursuant to the lease contract (Exhibit A) executed by the

plaintiff and the respondent dated January 05, 2019, the
respondent is obliged to pay a monthly rental payment of
P10,000.00 to the plaintiff;

5. A stipulation in the said lease contract provides that in case of

default by the lessee of the payment of the rent such as when the
 checks are dishonored, the plaintiff at its option may terminate
this contract and eject the lessee;

6. On March 05, 2018, the plaintiff tried to encash BPI Check No.
25613 corresponding to the rental payment for the month of
March but the same was dishonored due to insufficiency of
funds;

7. On the same day, plaintiff informed the respondent that the

latter’s check was dishonored and demanded that formed be
paid in cash instead but the respondent failed to do so;

8. On April 05, 2019, the plaintiff tried to encash BPI Check No.
25614 corresponding to the rental payment for the month of
April but the same was also dishonored due to insufficiency of
funds;

9. On the same day, plaintiff again went to the respondent and

demanded for the payment of the two dishonored checks and for
respondent to vacate the premises but respondent failed to
tender payment and refused to vacate the premises;

10. On May 15, 2019, plaintiff, with assistance of a counsel, sent a

formal demand letter (Exhibit B) to the respondent giving him
ten days to make his rental payment and vacate the premises

11. On May 25, 2019, at the expiration of the ten-day grace period
given by the plaintiff, the respondent still has not made his
payment and consistently refused to vacate the apartments;

12. Until now, respondent still refuse to vacate and restore

possession and pay his rentals.

13. Thus, respondent is unlawfully withholding possession of the

subject apartment from the plaintiff despite last and final
demand, to the damage and prejudice of the plaintiff;

14. Before filing this complaint, the dispute has been referred to the
Lupong Tagapamayapa of Tacloban City but the respondent
failed to appear, hence, no amicable settlement was made
(Exhibit C).
 PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of

this Honorable Court that after due notice and hearing, judgment be
rendered in favor of Plaintiff:

1. For the restitution of the abovementioned apartment;

2. For the payment of TWENTY THOUSAND PESOS (P20,000.00),
Philippine currency, representing the arrears of rent now
overdue;
3. To pay the cost of the suit

Other reliefs just and equitable under the premises are likewise
prayed for.

Tacloban City, Philippines, July 22, 2019.

ATTY. LIAN A. CLARIDAD- BASOG

Counsel for Plaintiff
J. Romualdez St, Tacloban City
VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING

Republic of the Philippines

(City of Tacloban ) S.S.

I, SUSANA O. LICOP, of legal age, after having been duly sworn in

accordance with law, 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.

Tacloban City, Philippines, July 22, 2019

__________________
Susana O. Licop
 SUBSCRIBED AND SWORN to before me this 22nd day of
July 2019 at Tacloban City, Philippines affiant exhibiting to me her
Passport No. 58158450 issued in DFA Tacloban 2018.

Doc. No.___________; Atty. Melani L. Brilata

Page No.___________; NOTARY PUBLIC for
Tacloban
Book No.__________; Commission Serial No.______
Series of 2019. Until December 31, 2019
Roll of Attorney_______
IBP No.________
PTR No._______