1. Plaintiff is of legal age, Filipino, single, and a resident of Surigao City, Philippines. For purposes of this action, Plaintiff may be served with copies of our notices and orders of the Honorable Court at the office address of the undersigned co unsel indicated below; 2. Defendant is also of legal age, Filipino, and for purposes of this action, he may be served with summons and other processes of this Honorable Court at his residence and post office address at Surigao City, Philippines; 3. Plaintiff is the true and registered owner of a certain parcel of land situated in Brgy. Canlanipa, Surigao City, Philippines, consisting of approximately of three hundred (300) square meters, and identified as Lot 143 and covered by Transfer Certificate of Title No. 5126 of the Registry of Deeds of Surigao Del Norte; Machine copy of said Transfer Certificate of Title No. 5126 is attached hereto as ANNEX “A”;
4. That sometime in 2011, defendant and his family began to be in possession of the said property, not by virtue of any title or contract, but merely upon the Plaintiff’s tolerance, as he had no
immediate need of the said property at that time; 5. That on December 15,2012, Plaintiff demanded that Defendant vacate and return the possession of the said parcel of land to the herein Plaintiff, but despite numerous demands for him and his family to vacate, Defendant has remained in illegal possession of the said land and, up to the present, still retain such possession. Machine copy of said demand letter is attached hereto as ANNEX “B”;
6. While possession by tolerance is lawful, such possession becomes illegal upon the demand to vacate is made by the owner and the possessor by tolerance refuses to comply with such demand (Prieto vs. Reyes, 14 SCRA 432; Yu vs, De Lara, 6 SCRA 786, 788; Isidro vs, Court of Appeals, G.R. No. 105586, December 15, 1993); 7. A person who occupies the land of another of the latter’s tolerance or permission, without any contract between them, is necessary bound by an implied promise that he will vacate upon demand (Yu vs. De Lara, supra, cited in Sumulong vs. Court of Appeals, G.R. No. 108817, May 10, 1994); 8. That the reasonable rental value of the said land is five thousand pesos only (P5,000.00) per month; 9. That due to the unjust refusal of the Defendant to vacate and to return the said land to the Plaintiff, the latter was constrained to endorse endorse the said matter to its legal counsel for the filing of an appropriate action in court for a fee of thirty thousand pesos only (P30,000.00) and the amount of two thousand pesos only (P2,000.00) per court hearing; 10. That his action is being filed within a period of one (1) year from the demand on Defendant to vacate the said property. ALLEGATIONS IN SUPPORT OF THE PRAYER FOR ISSUANCE OF A WRIT OF PRELIMINARY MANDATORY INJUNCTION
11.
Plaintiff repleads by reference all of the foregoing allegations as may be material and relevant under this heading;
12. Defendant’s continued illegal occupation of the said parcel of land and refusal to vacate the same and to peacefully surrender possession thereof to herein Plaintiff is working grave injustice and causing damage to the latter’ 13. Plaintiff is entitled to the reliefs demanded, and the whole or part of such relief consists in the immediate delivery and surrender by the defendants of possession of the land to the Plaintiff; 14. In the event that a writ of preliminary mandatory injunction is granted to Plaintiff, she is ready, willing and able to post a bond to answer for all damages Defendant may sustain by reason of said injunction if the court should finally decide that Plaintiff is not entitled thereto. PRAYER
WHEREFORE, it is most respectfully prayed that, after due hearing, judgment be rendered in favor of the plaintiff: a) Ordering the Defendant, his family, successors, assigns and all persons acting him, to vacate Lot 143 that is covered by Transfer Certificate of Title No. 5216 of the Registry of Deeds for the Province of Surigao Del Norte and to peacefully turn over the possession thereof to the Plaintiff; b) Ordering Defendant to pay Plaintiff monthly rental at the rate of Five Thousand Pesos Only (P5,000.00) per month from the time of the filing of this action to the time possession is returned to the Plaintiff; c)
Ordering Defendant to pay Attorney’s Fees in the amount of Thirty Thousand Pesos Only
(P30,000.00) and Two Thousand Pesos Only (P2,000.00) per court hearing and to pay cost of suit. d) That pending the outcome of the instant case, a writ of preliminary mandatory injunction be immediately issued ordering the Defendant, his family, succe ssors, assigns and all persons acting under him, to immediately vacate the said parcel of land and return possession of the same to the Plaintiff. Other reliefs just and equitable under the premises are likewise prayed for. http://www.docstoc.com/docs/149178477/Complaint-for-Ejectment--Unlawful-Detainer-withPrayer-for-the-Issuance-of-a-Writ-of-Preliminary-Mandatory-Injunction
