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    Republic of The Philippines

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    Rainidah Mangotara Ismael-Derico
    1. Maria Makiling filed a complaint against Josefa Santos for unlawful detainer. Makiling and Santos had entered into a deed of sale with right to repurchase property, but the repurchase period expired without Santos exercising her right. 2. Despite demand, Santos refused to vacate the property. Makiling is seeking a court order for Santos to vacate the property and turn over possession as well as 30,000 PHP in attorney's fees. 3. The property in question is covered by TCT No. 12345 and was sold to Santos for 293,700 PHP plus 114 sacks of rice, which was paid in full.

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    Republic of The Philippines

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    Rainidah Mangotara Ismael-Derico
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    1. Maria Makiling filed a complaint against Josefa Santos for unlawful detainer. Makiling and Santos had entered into a deed of sale with right to repurchase property, but the repurchase period expired without Santos exercising her right. 2. Despite demand, Santos refused to vacate the property. Makiling is seeking a court order for Santos to vacate the property and turn over possession as well as 30,000 PHP in attorney's fees. 3. The property in question is covered by TCT No. 12345 and was sold to Santos for 293,700 PHP plus 114 sacks of rice, which was paid in full.

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    1. Maria Makiling filed a complaint against Josefa Santos for unlawful detainer. Makiling and Santos had entered into a deed of sale with right to repurchase property, but the repurchase period expired without Santos exercising her right. 2. Despite demand, Santos refused to vacate the property. Makiling is seeking a court order for Santos to vacate the property and turn over possession as well as 30,000 PHP in attorney's fees. 3. The property in question is covered by TCT No. 12345 and was sold to Santos for 293,700 PHP plus 114 sacks of rice, which was paid in full.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    35 views4 pages

    Republic of The Philippines

    Uploaded by

    Rainidah Mangotara Ismael-Derico
    1. Maria Makiling filed a complaint against Josefa Santos for unlawful detainer. Makiling and Santos had entered into a deed of sale with right to repurchase property, but the repurchase period expired without Santos exercising her right. 2. Despite demand, Santos refused to vacate the property. Makiling is seeking a court order for Santos to vacate the property and turn over possession as well as 30,000 PHP in attorney's fees. 3. The property in question is covered by TCT No. 12345 and was sold to Santos for 293,700 PHP plus 114 sacks of rice, which was paid in full.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 4

    REPUBLIC OF THE PHILIPPINES

    Municipal Trial Courts in Cities


    City of Iligan
    Branch 01

    Maria Makiling,
    Plaintiff CIVIL CASE No. 7969
    For: Unlawful Detainer
    -versus-

    Josefa Santos,
    Defendant

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

    COMPLAINT

    PLAINTIFF, by counsel, respectfully states that:

    1. The plaintiff, Maria Makiling, is of legal age, Filipino, widow, and


    a resident of Palao, Iligan City; defendant, Josefa Santos, is of
    legal age, Filipino, married and a resident of Luinab, Iligan City
    where she may be served with summons and other pertinent
    processes;

    2. On April 30, 2016, a Deed of Sale with a Right to Repurchase


    was executed by and between the plaintiff and defendant. The
    period to repurchase of three months from execution is
    stipulated therein. The subject property is covered by Transfer
    Certificate of Title (TCT) No. 12345. A copy of the contract is
    attached as ANNEX A;

    3. The deed between the plaintiff and defendant provides for the
    consideration in the amount of TWO HUNDRED NINETY
    THREE THOUSAND SEVEN HUNDRED PESOS (PHP
    293,700.) plus 114 sacks of 50 kilos (per sack) of Young Master
    Rice, which was completely handed by the plaintiff to the
    defendant;

    4. The plaintiff allowed the defendant to occupy the subject


    property on account of the right of repurchase agreed upon in
    the sale;
    5. The defendant still occupy the subject property even after the
    expiration of the repurchase period without exercising her right
    to repurchase;

    6. On October 17, 2016, the plaintiff sent a written demand to the


    defendant to vacate the subject property within five (5) days
    from receipt thereof. A copy of plaintiffs letter to defendant is
    attached as ANNEX B;

    7. Despite demand duly made and received, defendant has


    refused to vacate the premises and continues to occupy the
    property without plaintiffs consent;

    8. By reason of failure of the defendant to vacate the premises,


    the plaintiff was compelled to file this complaint engaging the
    services of counsel in the amount of P30,000.00.

    WHEREFORE, plaintiff respectfully prays for judgment in her favor


    by ordering defendant to vacate the property and peacefully turn over
    possession to plaintiff and for defendant to pay plaintiff the amount of
    thirty thousand pesos (PHP 30,000.00) for attorneys fees.

    Other just and equitable reliefs are also prayed for.

    City of Iligan, November 23, 2016.

    Atty. Rainidah Ismael


    Counsel for the Plaintiff
    Roll of Attorney No. 9873
    IBP No. 43553/ 10-11-16/Iligan
    PTR No. 9753/ 12-12-16/Iligan

    VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

    I, Maria Makiling of legal age, do hereby state that: I am the


    plaintiff in the in the above-entitled case and in such capacity, caused
    this Complaint to be prepared; I have read its contents and affirm that
    they are true and correct to the best of my own personal knowledge; I
    hereby certify that there is no other case commenced or pending
    before any court involving the same parties and the same issue and
    that, should I learn of such a case, I shall notify the court within five
    (5) days from my notice.

    IN WITNESS WHEREOF, I have signed this instrument on


    November 23, 2016.

    Maria Makiling

    SUBSCRIBED AND SWORN TO before me in the City of Iligan


    on this day of November 23, 2016 affiant exhibiting before me his
    Government Issued ID no. 5656 issued on October 15, 2011 at the
    City of Iligan.

    Atty. Rainidah Ismael


    Notary Public
    Dec. 12, 2017
    Roll of Attorney No. 9873
    IBP No. 435/ 10-11-16/Iligan
    PTR No. 753/ 12-12-
    16/Iligan

    Doc. No. 121


    Page No. 110
    Book No. 35
    Series of 2016

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