Complaint Unlawful Detainer

Republic of the Philippines
MUNICIPAL TRIAL COURT

6th Judicial Region
Branch 69
Iloilo City
Cassie Casadyahan,
Plaintiff,
Civil Case No. 99230
For: UNLAWFUL DETAINER
- versus Dominico Benito,

Defendant.
x ----------------------------------- x
C O M PLAI N T
COMES NOW the Plaintiff, by undersigned counsel, and unto this Honorable Court,
most respectfully alleges that:
1. Plaintiff is of legal age, Filipino, (single / married / widow), and a resident of Bgry.
Tabucan, Mandurriao, Iloilo Ciy, 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 counsel 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 Bgy. Tagbak, Jaro, Iloilo City, Philippines;
3. Plaintiff is the true and registered owner of a certain parcel of land situated in Pison
Drive, Bgy. San Rafael, Iloilo City, Philippines, consisting of approximately Five
Hundred (500) square meters, and identified as Lot 7713 and covered by Transfer
Certificate of Title No. 112377 of the Registry of Deeds of Iloilo; Machine copy of
said Transfer Certificate of Title No. 112377 is attached hereto as ANNEX "B";
4. That sometime in August 7, 2015, 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 25, 2016 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 the said demand letter is attached hereto as ANNEX "C";
6. While possession by tolerance is lawful, such possession becomes illegal upon
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 at the latter's tolerance or permission,
without any contract between them, is necessarily 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 Twenty Five Thousand Pesos
(P25,000) per month;
9. That this 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
10. Plaintiff repleads by reference all of the foregoing allegations as may be material and
relevant under this heading;
11. 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;
12. 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;
13. 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.
P R AY E R
WHEREFORE, it is most respectfully prayed that, after due hearing, judgment be
rendered in favor of the plaintiffs:
a) Ordering the Defendant, his family, successors, assigns and all persons acting under
him, to vacate Lot 7713 that is covered by Transfer Certificate of Title No. 112377 of
the Registry of Deeds for the Province of Iloilo and to peacefully turn over the
possession thereof to the Plaintiff;
b) Ordering Defendant to pay Plaintiff monthly rental at the rate of P25,000 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 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, successors,
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.
Iloilo City, Philippines, December 25, 2017
ATTY. JAGE JOSEPH M. SUROPIA

COUNSEL FOR THE PLAINTIFF
UNTIL: DECEMBER 31, 2019
PTR NO. 9876543, JULY 27, 2017-ILOILO CITY
IBP NO. 33433, APRIL 20, 2017- ILOILO CITY
ROLL NO: 54327
MCLE COMPLIANCE NO: J-8874343 6/13/1
VALID FROM: 7/23/17-7/22/19
DOC. NO. _____;
PAGE NO. _____;
BOOK NO. _____;
SERIES OF 2015.

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Republic of the Philippines

MUNICIPAL TRIAL COURT

- versus Dominico Benito,

ALLEGATIONS IN SUPPORT OF THE PRAYER FOR ISSUANCE OF A WRIT

ATTY. JAGE JOSEPH M. SUROPIA

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