Republic of the Philippines National Capital Judicial Region Municipal Trial Court Las Pinas Branch ____
RUFINO RIVERA,
Plaintiff, - versus -
Civil Case No ______ !or" #$ect%ent
JULIE MANARANG,
&efendant '---------------------'
COMPLAINT
C(M# C(M#) ) N(*, N(*, plai plaint ntif ifff b+ the the unde unders rsig igne ned d coun counse sell and and unto unto this this onorable Court, %ost respectfull+ states, that"
Plain Plaintif tifff is of lega legall age, age, %arrie %arried d and .ith .ith res reside idence nce addr address ess at at Bl/ Lot 0 12 3reenvale 44, Marcelo 5illage .hile defendant is of legal age, %arried %arried and a resident resident of No 6 Rosas Rosas )treet, )treet, 5ergonv 5ergonville ille )ubdivision, )ubdivision, Las Pinas Cit+, Cit+, .here he %a+ be served .ith su%%ons and other court process of this onorable Court7
6
Plai Plaint ntif ifff is the the absol absolut ute e o.ner o.ner of a real real prope propert rt+ + situa situate ted d at No No 6 Rosas )treet, 5ergonville )ubdivision, Las Pinas Cit+, .hich is the residence address of the defendant The above propert+ is covered b+ Transfer Certificate of Title no 8966:; T-90<-= of the Registr+ of &eeds of Las Pinas Cit+ registered in the na%e of ousehold &evelop%ent Corporation . Cop+ of the Transfer Certificate of title is hereto attached and %ar/ed as =nne> ?=@7
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That That ouse ousehold hold &evelo &evelop%en p%entt Corp Corporat oration ion had previou previousl+ sl+ e>ecute e>ecuted da &eed of =bsolute )ale in favor of plaintiff Rufino Rivera, cop+ of the &eed of =bsolute )ale is hereto attached as =nne> ?B@ and is %ade integral part hereof7
A
)o%e )o%eti ti%e %e < <,, a cond condit itio iona nall deed deed of sale sale .as e>ec e>ecut uted ed b+ and and bet.een plaintiff and defendant .hereb+ plaintiff offered to sell and defendant offered to purchase the above described parcel of land in the a%ount of P:, co%puted at P9, per sDuare %eter of the total area 92 sD %eter pa+able on install%ent at P:, a %onth for 0A %onths7
:
(f the the total total contr contrac actt price price of P: P:, , ,, defen defenda dants nts .er .ere e able able to %a/e pa+%ents in the total a%ount of P90,: onl+ leaving a balance of P0:, as of so%eti%e +ear 6, .hich .as the last date of pa+%ent No further pa+%ents .ere %ade thereafter7
Page 6 0
)o%eti%e =ugust 2, 6A, a de%and letter to pa+ defendantEs outstanding balance .as sent to defendant but to no avail Cop+ of the letter is hereto attached as =nne> ?C@ and is %ade integral part hereof &efendant refused to %a/e pa+%ents and have to date not paid his outstanding balance of P0:, despite repeated de%ands both oral and in .riting7
2
(n &ece%ber 9, 62, plaintiff thru counsel sent another de%and letter this ti%e rescinding the contract to sell and to vacate the pre%ises .ithin da+s fro% receipt of the said letter The said letter .as received b+ defendant thru his .ife last____________ Cop+ of the letter de%and to vacate and the proof of receipt is hereto attached and %ar/ed as =nne> ?&@7
<
&espite de%ands b+ plaintiff to vacate the pre%ises, defendant refused and still refuses to vacate the pre%ises7
&ue to un$ustified refusal and failure of defendant to vacate the sub$ect propert+, plaintiff .as constrained to engage the services of undersigned counsel for .hich defendant should be ordered to pa+ attorne+Es acceptance fees in the a%ount of P:, and appearance fees of P6,: for ever+ court appearance7
=s reasonable value for the use and continued occupation of the pre%ises fro% the date of filing of this co%plaint, defendant should li/e.ise be ordered to pa+ the su% of !45# T(F)=N& P#)() 8P:,; a %onth up to the ti%e he finall+ vacate the pre%ises7 Considering that the parties involved in this case are not residents of the sa%e baranga+ or ad$acent baranga+s, referral for baranga+ conciliation is dispensed .ith7 6 !or the un$ustified refusal of defendant in not vacating the pre%ises, the+ should be %ade liable to pa+ costs of suit
PR=G#R *#R#!(R#, pre%ises considered, it is %ost respectfull+ pra+ed of this onorable Court that $udg%ent be rendered ordering defendants and all persons clai%ing rights under the%, to .it"
To vacate the sub$ect pre%ises and to surrender peaceful possession thereof to plaintiffs7
6
To pa+ the su% of P:, per %onth as reasonable co%pensation for the use of the propert+ as reasonable value for the use of the pre%ises7
9
To pa+ the su% of P:, as attorne+Es fees and appearance fees of P6,:7
A
To pa+ costs of suit
Page 9
Plaintiff pra+s for other re%edies, $ust and eDuitable under the pre%ises HueIon Cit+ !ebruar+ 6, 6<
MARIA LOURDES PAREDES GARCIA
Counsel for Plaintiff *heels #>ecutive )uites *heels Building No 666 # RodrigueI )r =ve, HueIon Cit+
5#R4!4C=T4(N and C#RT4!4C=T4(N
4, RUFINO RIVERA, of legal age, under oath, states"
That 4 a% the plaintiff in the foregoing case and that 4 have caused the preparation of the above Co%plaint7
6
That 4 attest to the truth of all the allegations in the sa%e petition of %+ o.n personal /no.ledge7
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4n co%pliance to the )upre%e Court circular against foru% shopping, 4 hereb+ certif+ that" a; 4 have not co%%enced an+ other action or proceeding involving the sa%e issues before the )upre%e Court, or Court of =ppeals, or an+ other tribunal or agenc+7 b; to the best of %+ /no.ledge, no such action or proceedings is pending in the )upre%e Court, Court of =ppeals or an+ other tribunal or agenc+7 c; 4f 4 should learned that si%ilar action or proceeding has been filed or is pending before such tribunal or bodies, 4 shall report that fact .ithin five 8:; da+s therefro% to the court or agenc+ .here the original pleading and s.orn certification have been filed
RUFINO RIVERA
=ffiant
)FB)CR4B#& and )*(RN to before %e this ___ da+ of !eb 6, 6<, affiant e>hibiting to %e his residence certificate no ______ issued on _______ at _____________
&oc No _____ Page No ____ Boo/ No ____ )eries of 6<
