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REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT


City of Tacloban
Branch 1
CYRIL GO, In His Capacity as
Heir of Pedro and Maria Go, and
Attorney-In-Fact of Abe Go, Bill
Go, Dale Go, Earl Go, Fil Go and
Gil Go

CIVIL CASE
98765

NO.

FOR: UNLAWFUL
DETAINER

Plaintiffs,
Spouses Paul and Diana Jean
Sandoval
Respon
dents.
x--------------------------------------------------x

COMPLAINT
COMES NOW, the plaintiff, through the undersigned
counsel and unto this Honorable Court, most respectfully
avers:
1. That the plaintiffs, Abe, Bill, Cyril, Dale, Earl, Fil, Gil, all
surnamed Go and heirs of Pedro and Maria Go, are all of
legal age, Filipino citizens, all single, with residence and
postal address at:
a. Abe Go- 12 Sesame St., Lahug, Cebu City, Cebu
b. Bill Go- 34 Pleasantville, Dulag, Leyte
c. Cyril Go- H.V. Dela Costa St., Salcedo Village,
Tacloban City
d. Dale Go- H.V. Dela Costa St., Salcedo Village,
Tacloban City
e. Earl Go- H.V. Dela Costa St., Salcedo Village,
Tacloban City

Counter-Affidavit of RD Pedro A. Novalll, Jr.


OMB-V-C-13-0250 & OMB-V-C-13-0250

f. Fil Go-56 Puerto Princessa Palawan


g. Gil Go-78 Timbuktu, Sagada
2. That the defendants, Mario and Ana Sandoval, spouses, is
both of legal age, Filipino citizens, with residence and postal
address at H.V. Dela Costa St., Salcedo Village, Tacloban
City, where they may be served with summons and other
court processes;
3. That Pedro and Maria Go are the owners of a parcel of land
located in Brgy. 1, Salazar St., Tacloban City, with the
technical description of XXX.
4. That Pedro and Maria Go were in actual, continuous,
peaceful and uninterrupted possession of said parcel of
land since 1952.
5. That on August 2000, Spouses Sandoval occupied the
southeast portion of the same property without permission
from the registered owners.
6. That despite repeated demands, Spouses Sandoval refused
to vacate the same.
7. That on October 01, 2000, Spouses Go submitted their
complaint before the Punong Barangay for conciliation;
however, the parties failed to arrive at an amicable
settlement prompting the issuance of a Certificate to File
Action by the Lupon, copy of which is attached herein as
Annex A.
8. That on October 10, 2000, Spouses Sandoval approached
Pedro and Maria Go and expressed their desire to lease the
property and pay rentals therefore in exchange for the
desistance of Spouses Go in pursuing their action in court.
9. That by reason of paragraph 8 hereof, Spouses Go executed
an Affidavit of Desistance, copy of which is attached herein
as Annex B.
10. That by reason of paragraph 8 hereof, Spouses Go and
Spouses Sandoval executed a Contract of Lease, copy of
which is herein attached as Annex C.

Counter-Affidavit of RD Pedro A. Novalll, Jr.


OMB-V-C-13-0250 & OMB-V-C-13-0250

11. That Spouses Go died on January 01, 2004 leaving no


will.
12. That by operation of law, there being no will left by my
parents,
plaintiffs became the owners in common of a
parcel of land located in H.V. Dela Costa St., Salcedo
Village, Tacloban City.
13. That on July 10, 2014, I personally served to herein
defendants a notice signifying our intent to terminate the
Lease/Option upon expiration of the Contract, copy of
which is herein attached as Annex D.
14. That despite the expiration of the Contract and the
written demand on October 11, 2014 to vacate the property,
defendants refused to do so. Demand letter is attached
herewith as Annex E.
15. That because of the defendants unjustified refusal to
vacate the property, I was constrained to file a complaint
before our barangay.
16. That my siblings, Abe, Bill, Cyril, Dale, Earl, Fil, Gil,
executed a Special Power of Attorney authorizing me to
enter into an amicable settlement, bring suit, prosecute
and/or file all appropriate actions (whether civil, criminal or
administrative case) and take whatever steps may be
necessary and appropriate to protect their interest in the
property occupied by the defendants until its final ruling.
Copy of which is attached as Annex F;
17. That effort to arrive at an amicable settlement at the
barangay level failed resulting to the issuance of a
Certificate to File Action by the Lupon concerned, attached
herewith as Annex F;
18. That by reason of the defendants unjustified refusal to
vacate the premises, plaintiffs are compelled to file this
complaint and engaged the services of counsel in the
amount of P20, 000.00.

Counter-Affidavit of RD Pedro A. Novalll, Jr.


OMB-V-C-13-0250 & OMB-V-C-13-0250

WHEREFORE, premises considered, it is most


respectfully prayed unto this Honorable Court that, after
hearing, judgment be rendered ordering the defendant:
1. To vacate the subject premises;
2. To pay the amount of P5,000.00 per month as
compensation for the reasonable use of the subject
premises from October 10, 2014, the date of the
expiration of the Contract, until they finally vacate the
said premises; and
3. To pay the plaintiff the cost of the suit.
City of Tacloban, January 12, 2015.

MM T VAC LAW OFFICES


Counsel for the Plaintiff
Unit 123, Yutangco Building
Gomez St., Tacloban City
By:

DIANA JEAN A. ALICER


Notary public Until December 31, 2016
Tacloban City, Leyte/ NC No. 1998-01-01
Unit 123 Yutangco Building, Gomes St.,Tacloban City
IBP No. 12345/1-0001/Tacloban City
PTR No. 654321/1-01-01/Palo, Leyte
Roll of Attorneys No. 987654/ April 15, 2014

VERIFICATION/CERTIFICATION OF FORUM SHOPPING

Counter-Affidavit of RD Pedro A. Novalll, Jr.


OMB-V-C-13-0250 & OMB-V-C-13-0250

Republic of the Philippines )


City of Tacloban
) S.S.

I, CYRIL GO, of legal age, Filipino citizen, single and


resident of H.V. Dela Costa St., Salcedo Village, Tacloban City,
after having been duly sworn to in accordance with law do
hereby depose and say:
1. That I am the plaintiff in the above-entitled case;
2. That I have caused the preparation of the foregoing
complaint and have read the allegations contained
therein;
3. That the allegations in the said complaint are true and
correct to the best of my own knowledge and authentic
records;
4. That I have not commenced any other action or
proceeding involving the same issues in any court,
tribunal or quasi-judicial agency and, to the best of my
knowledge, no such other action or claim is pending
therein;
5. That if I should learn thereafter that a similar action or
proceeding has been filed or is pending, I hereby
undertake to report that fact within five (5) days
therefrom to the court or agency where the original
pleading and sworn certification contemplated herein
have been filed;
6. I executed this verification/certification to attest to the
truth of the foregoing facts and to comply with the
provisions of Adm. Circular No. 04-94 of the Honorable
Supreme Court.

Counter-Affidavit of RD Pedro A. Novalll, Jr.


OMB-V-C-13-0250 & OMB-V-C-13-0250

IN WITNESS WHEREOF, I have hereunto affixed my


signature this 13th of January 2015, in the City of Tacloban.

SUBSCRIBED AND SWORN to before me this 13th day of


January 2015, in the City of Tacloban, affiant exhibiting to me
his Drivers License No. 12345 issued by the Land
Transportation Office on April 8, 2014 at the City of Manila.

DIANA JEAN A. ALICER


Notary public Until December 31, 2016
Tacloban City, Leyte/ NC No. 1998-01-01
Unit 123 Yutangco Building, Gomes St., Tacloban City
IBP No. 12345/1-0001/Tacloban City
PTR No. 654321/1-01-01/Palo, Leyte
Roll of Attorneys No. 987654/ April 15, 2014

Doc. No. ________


Page No. _______
Book No. _______
Series of 2012.

COPY FURNISHED BY PERSONAL SERVICE to SPS PAUL and DIANA


JEAN SANDOVAL ON 14th day of January 2015 at 9:30 am.

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