REPUBLIC OF THE PHILIPPINES

FOURTH JUDICIAL REGION

MUNICIPAL TRIAL COURT
BAUAN, BATANGAS

SONIA A. DUTERTE,

Plaintiff, CIVIL CASE NO. 12345

-versus- for

ISKO B. DOMAGOSO, UNLAWFUL DETAINER

Defendant. WITH DAMAGES

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

COMPLAINT
PLAINTIFF, by counsel, and unto this Honorable Court,
most respectfully allege THAT:
1. Plaintiff is of legal age, Filipino, with residence and postal
address at Binay St. Barangay 1, Bauan, Batangas where
she may be served notices and other court processes;
2. Defendant is of legal age, Filipino, with residence and
postal address at F. Mangobos St. Barangay 1, Bauan,
Batangas;
3. Plaintiff is the absolute owner and lessor of that certain
apartment situated at F. Mangobos St. Barangay 1,
Bauan, Batangas and now leased and occupied by the
defendant, the Transfer Certificate of Title is hereby
attached as (Annex A);
4. On July 15, 2016, the parties agreed that the defendant is
obliged to pay a monthly rental of Php5,000.00 to the
plaintiff for leasing the subject property.
5. From December 31, 2020 until June 30, 2021, the
defendant failed to pay the monthly rentals amounting to

Page 1 of 24
 Thirty Thousand Pesos (Php30,000.00). A certified true
copy of the logbook is hereby attached as (Annex B);
6. The plaintiff informed the defendant about the accrued
rentals and demanded the payment thereof but the
defendant still failed to do so.
7. On July 15, 2021, plaintiff, with assistance of a counsel,
sent a formal demand letter (Annex C) to the defendant
giving him thirty (30) days to pay the rentals and to vacate
the premises;
8. On August 15, 2021, at the expiration of the thirty (30)
days grace period given by the plaintiff, the defendant still
has not made his payment and consistently refused to
vacate the apartment;
9. Until now, defendant still refuse to vacate and restore
possession and pay his rentals;
10. Thus, defendant is unlawfully withholding possession of
the subject apartment from the plaintiff despite last and
final demand, to the damage and prejudice of the plaintiff;
11. On August 17, 2021, before filing this complaint, the
dispute has been referred to the Lupong Tagapamayapa of
Barangay 1, Bauan, Batangas but the defendant failed to
appear, hence, no amicable settlement was made.
Certificate to file action is hereby attached as (Annex D).

PRAYER

WHEREFORE, premises considered, it is respectfully

prayed unto this Honorable Court that after due notice and
hearing, judgment be rendered in favor of Plaintiff:
1. For the defendant to vacate and return the
possession the abovementioned apartment to the
plaintiff;
2. For the payment of THIRTY THOUSAND PESOS
(Php30,000.00), Philippine currency, representing
the arrears of rent now overdue;
3. Ordering the defendant to pay the plaintiff the
amount of TWENTY THOUSAND PESOS
(Php20,000.00) as attorney’s fees;

Page 2 of 24
 4. Ordering the defendant to pay the plaintiff, FIFTY
THOUSAND PESOS (Php50,000.00) by way of moral
damages;
5. Ordering the defendant to pay the cost of the suit.

Other reliefs just and equitable under the premises are

likewise prayed for.
Bauan, Batangas, August 18, 2021.

ATTY. DABOI P. JURADO

Counsel for Plaintiff
Notary Public for and in the Municipality of
Bauan, Batangas
Commission No. 2018-99
Until December 31, 2021
Roll of Attorneys No. 003780
IBP Lifetime No. 0987680/Batangas City
MCLE Compliance No. V-09090878,07-11-17
TIN: 200-100-999

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

REPUBLIC OF THE PHILIPPINES

BAUAN, BATANGAS) S.S.

I, SONIA A. DUTERTE, of legal age, after having been duly

sworn in accordance with law, depose and state that:

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein
are true and correct of my personal knowledge and/or on the
basis of copies of documents and records in my possession;

4. I have not commenced any other action or proceeding

involving the same issues in the Supreme Court, the Court of
Appeals, or any other tribunal or agency;

Page 3 of 24
5. To the best of my knowledge and belief, no such action or
proceeding is pending in the Supreme Court, the Court of
Appeals, or any other tribunal or agency;

6. If I should thereafter learn that a similar action or proceeding

has been filed or is pending before the Supreme Court, the
Court of Appeals, or any other tribunal or agency, I undertake
to report that fact within five (5) days therefrom to this
Honorable Court.

Bauan, Batangas August 18, 2021

SONIA A. DUTERTE
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, A Notary

Public in and for Bauan, Batangas, this 18th day of August
2021, personally came and appeared the affiant SONIA A.
DUTERTE, identified by her competent evident of identity
namely Passport No. 58158450 issued in DFA Manila 2019, and
to me known to be the same person who signed the foregoing
instrument before me and avowed under penalty of law to the
whole truth of the contents of the said instrument.

ATTY. JOSE B. MANALO

Roll No. 44190
PTR No. 671346
Issued at Batangas City, Batangas
MCLE No. VI-0011366

Doc. No.____
Page No. ____
Book No. ____
Series of 2021.

Page 4 of 24
 REPUBLIC OF THE PHILIPPINES
FOURTH JUDICIAL REGION
MUNICIPAL TRIAL COURT
BAUAN, BATANGAS

SONIA A. DUTERTE,
Plaintiff, CIVIL CASE NO. 12345

-versus- for

ISKO B. DOMAGOSO, UNLAWFUL DETAINER

Defendant.

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

JUDICIAL AFFIDAVIT
(of Sonia A. Duterte)

I, SONIA A. DUTERTE, of legal age, Filipino and a resident

of Binay St. Barangay 1, Bauan, Batangas, after having been
duly sworn to in accordance with law, hereby depose and state:

PRELIMINARY STATEMENT

The person examining me is Atty. Daboi P. Jurado with

office at Manghinao Proper, Bauan, Batangas. The examination
is being held at the office of Atty. Daboi P. Jurado at Bauan,
Batangas. I am answering his questions fully conscious that I
do so under oath and may face criminal liability for false
testimony or perjury.

Purpose: This affidavit/testimony of said witness is being

offered to prove the following:

1. That she is the lawful owner and possessor of the

residential unit being leased by the defendant;
2. That the defendant failed to pay the lease from December
2020 to June 2021 and continuously occupy it despite
repeated demands to pay and vacate the property;
3. That she can identify his Judicial Affidavit;

Page 5 of 24
4. Other matters relevant to the complaint.

Q1. Kindly state your name and other personal

circumstances.
A1. I am Sonia Duterte, 48 years old, married and a
resident of Binay St. Barangay 1, Bauan, Batangas.

Q2. Are you the same Sonia Duterte as the plaintiff in this
case?
A2. Yes, Sir.

Q3. Ms. Witness, do you know Isko Domagoso, the

defendant in this case?
A3. Yes, Sir.

Q4. How did you know him?

A4. He is the one occupying our apartment in F.
Mangobos St. Brgy. 1, Bauan, Batangas.

Q5. Who owned the apartment that was occupied by the

defendant?
A5. I am the absolute owner of the said apartment as
evidenced by a Transfer Certificate of Title No. 068-
201400520. (Bracketed as Exhibit “A”)

Q6. Can you tell how the defendant Isko Domagoso was
able to occupy the subject residential unit of this
case?
A6. On July 15, 2016, he was able to occupy it when we
agreed that he will lease the premises for
Php5,000.00 on a monthly installment basis. At that
time, he was hired as welder at Keppel Shipyard in
Bolo, Bauan that is why he and his family transferred
here in Bauan from Mindoro, Sir.

Q7. Ms. Witness what happened next?

A7. Sir, he was already renting the residential unit for
five years, however last December 31, 2020 until
June 30, 2021 he defaulted from paying the agreed
rentals.

Q8. Did you try to communicate with the defendant?

Page 6 of 24
A8. Yes, Sir. I talked to him and to his wife and demanded
the payment of the accrued rentals, yet they refused
to do so.

Q9. What did you do next when they refused to pay?

A9. Last July 15, 2021, my lawyer Atty. Jose B. Manalo
sent a demand letter asking them to pay the accrued
rentals amounting to Php30,000.00 and to vacate the
premises. They were given thirty (30) days to respond
on our demands. (Bracketed as Exhibit “B”)

Q10. Ms. Witness, did the defendant responded to your

demand letter?
A10. No, Sir. They still refused to pay the rentals, vacate
the residential unit and continued their possession
therein.

Q11. What action did you take thereafter?

A11. Sir, I referred my concern to the Lupong
Tagapamayapa of Brgy. 1, Bauan to settle the matter.

Q12. What happened when you brought the matter to the

Lupon?
A12. None, Sir. They were notified about the meeting but
they did not attend. Therefore, no settlement was
attained and still the defendant refused to vacate the
property.

Q13. Ms. Witness, can you tell what happened next?

A13. The Lupong Tagapamayapa issued a Certificate to
File Action signed by the Lupon Secretary and
Punong Barangay to file the appropriate case in
court. (Bracketed as Exhibit “C”)

Q14. After the issuance of the Certificate to File Action,

what did you do next?

Page 7 of 24
 A14. Sir, I filed a Complaint for Unlawful Detainer before
the Municipal Trial Court of Bauan against the herein
defendant. (Bracketed as Exhibit “D”)

Q15. In your complaint you are asking the defendant to

pay the unpaid rentals and vacate the property?
Q15. Yes, Sir.

Q16. How much is your claim for the said rentals?

A16. My claim shall cover the month when he defaulted to
pay Php5,000.00 as agreed rental per month from
December 31, 2020, until the possession of the
subject property be turned over by the defendant.

Q17. In your complaint you are asking for moral damages,

what is your basis for the entitlement for the said
damages?
A17. Sir, it is the unjustified refusal of the defendant
spouses to vacate the subject property despite
repeated demands upon them that caused me mental
anguish, serious anxieties, and sleepless nights.

Q18. Do you affirm the truthfulness and veracity of this

judicial affidavit?
A18. Yes, Sir.

Q19. Finally, do you know why are you executing the

foregoing sworn statement in this case?
A19. Yes, Sir. I am executing this sworn statement to be
adapted as my direct testimony in this case to prove
my causes of actions for unlawful detainer against
the defendant in the above-entitled case. (Bracketed
as Exhibit “E”)

IN WITNESS WHEREOF, I have hereunto set my hand this

18th day of August 2021 at Bauan, Batangas.

Page 8 of 24
 SONIA A. DUTERTE
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, A Notary

Public in and for Bauan, Batangas, this 18th day of August
2021, personally came and appeared the affiant SONIA A.
DUTERTE, identified by her competent evidence of identity
namely, Passport No. EC201456, and to me known to be the
same person who signed the foregoing instrument before me
and avowed under penalty of law to the whole truth of the
contents of the said instrument.

ATTY. DABOI P. JURADO

Notary Public for and in the Municipality of
Bauan, Batangas
Commission No. 2018-99
Until December 31, 2021
Roll of Attorneys No. 003780
IBP Lifetime No. 0987680/Batangas City
MCLE Compliance No. V-09090878,07-11-17
TIN: 200-100-999

Doc. No:
Page No:
Book No:
Series of 2021.

CERTIFICATION

I, ATTY. DABOI P. JURADO, with office address at

Manghinao Proper, Bauan, Batangas after being duly sworn
depose and say:

1. I was the one who conducted the examination of SONIA

A. DUTERTE at Manghinao Proper, Bauan, Batangas;

Page 9 of 24
 2. I have faithfully recorded or caused to be recorded the
questions I asked and the corresponding answers that
the witness gave;

3. Neither, I, nor any other person then present or

assisting him coached the witness regarding his
answers.

IN WITNESS WHEREOF, I have hereunto set my hand this

18th day of August 2021 at Batangas City.

ATTY. DABOI P. JURADO

Affiant

Notary Public for and in the Municipality of

Bauan, Batangas
Commission No. 2018-99
Until December 31, 2021
Roll of Attorneys No. 003780
IBP Lifetime No. 0987680/Batangas City
MCLE Compliance No. V-09090878,07-11-17
TIN: 200-100-999

SUBSCRIBED AND SWORN TO BEFORE ME, a notary

public in and for Bauan, Batangas, this 18th day of August 2021
personally came and appeared the affiant who is personally
known to me, and thus no ID required, and to me known to be
the same person who signed the foregoing CERTIFICATION
before me and avowed under penalty of law to the whole truth
of the contents of the said document.

ATTY. JOSE B. MANALO

Roll No. 44190
PTR No. 671346
Issued at Batangas City, Batangas
MCLE No. VI-0011366

Page 10 of 24
Doc. No:
Page No:
Book No:
Series of 2021.

Copy furnished:

Page 11 of 24
 REPUBLIC OF THE PHILIPPINES
FOURTH JUDICIAL REGION
MUNICIPAL TRIAL COURT
BAUAN, BATANGAS

SONIA A. DUTERTE,
Plaintiff, CIVIL CASE NO. 12345

-versus- for

ISKO B. DOMAGOSO, UNLAWFUL DETAINER

Defendant.

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

JUDICIAL AFFIDAVIT
(of Marites D. Maingay)

I, MARITES D. MAINGAY, of legal age, Filipino and a

resident of F. Mangobos St. Barangay 1, Bauan, Batangas, after
having been duly sworn to in accordance with law, hereby
depose and state:

PRELIMINARY STATEMENT

The person examining me is Atty. Daboi P. Jurado with

office at Manghinao Proper, Bauan, Batangas. The examination
is being held at the office of Atty. Daboi P. Jurado at Bauan,
Batangas. I am answering his questions fully conscious that I
do so under oath and may face criminal liability for false
testimony or perjury.

Purpose: This affidavit/testimony of said witness is being

offered to prove the following:

1. That she is one of the neighbors of the defendant;

2. That she was also a cousin of the plaintiff;
3. That she was responsible for the collection of the rentals
from the defendant;

Page 12 of 24
4. That the defendant defaulted in paying his rentals and
failed to vacate despite repeated demands from the
plaintiff;
5. That she can identify his Judicial Affidavit;
5. Other matters relevant to the complaint.

Q1. Kindly state your name and other personal

circumstances.
A1. I am Marites D. Maingay, 35 years old, married and
a resident of F. Mangobos St. Barangay 1, Bauan,
Batangas.

Q2. How are you related to the plaintiff in this case?

A2. Sir, I am her cousin.

Q3. Ms. Witness, do you know Isko Domagoso, the

defendant in this case?
A3. Yes, Sir.

Q4. How did you know him?

A4. He is the one occupying my cousin’s apartment in F.
Mangobos St. Brgy. 1, Bauan, Batangas.

Q5. Who owned the apartment that was occupied by the

defendant?
A5. My cousin Sonia was the absolute owner of the
apartment occupied by the defendant.

Q6. Can you tell how the defendant Isko Domagoso was
able to occupy the subject residential unit of this
case?
A6. That was July 2016 when he occupied the said
apartment. I believed he was from Oriental Mindoro
and that he was hired at the Keppel Shipyard as
welder which is nearer to our place.

Q7. Ms. Witness, do you know how much is the rental for
the said apartment?

Page 13 of 24
A7. Yes, Sir. It is Php5,000.00 per month. I am the one
being task by my cousin to collect the rentals from
the lessees every month like the defendant.

Q8. Can you tell how do you collect rentals from the
defendant?
A8. Sir, I go to their apartment every 30th of the month
and I have this record book where I am logging all the
payments made by the defendant with his signatures
therein. Then, I will remit it to my cousin Sonia
thereafter.

Q9. Ms. Witness, did the defendant defaulted in paying

the rentals?
A9. Yes, Sir. Last December 2020, he failed to pay the
rentals. I reported it immediately to the plaintiff. We
went to the defendant to demand the payment and
the defendant promised to pay it on January 15,
2021.

Q10. What happened next?

A10. The defendant still failed to pay the rent. He said that
his wife is sick and that he will pay on the next
month. But, it did not happen. What happened Sir is
he continuously defaulted in paying the rental up
until now.

Q11. What action did you take thereafter?

A11. Sir, on July 15, 2021, I, together with the plaintiff
herein went to her lawyer to request for the issuance
of a formal demand letter, demanding the defendant
to pay the accrued rentals and to vacate the
premises.

Q12. What did the defendant do?

A12. None, Sir. I accompany the plaintiff to the Lupon
Tagapamayapa of our barangay. They were notified
about the meeting but they did not attend. Therefore,
no settlement was attained and still the defendant
refused to vacate the property.

Page 14 of 24
 Q13. Ms. Witness, can you tell what happened next?
A13.The Lupong Tagapamayapa issued a Certificate to
File Action signed by the Lupon Secretary and
Punong Barangay to file the appropriate case in
court.

Q14. Do you affirm the truthfulness and veracity of this

judicial affidavit?
A14. Yes, Sir.

Q15. Finally, do you know why are you executing the

foregoing sworn statement in this case?
A15. Yes, Sir. I am executing this sworn statement to be
adapted as my direct testimony in this case to prove
that the defendant committed acts of unlawful
detainer.

IN WITNESS WHEREOF, I have hereunto set my hand this

18th day of August 2021 at Bauan, Batangas.

MARITES D. MAINGAY
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, A Notary

Public in and for Bauan, Batangas, this 18th day of August
2021, personally came and appeared the affiant MARITES D.
MAINGAY, identified by her competent evidence of identity
namely, Driver’s License No. 12345678, and to me known to be
the same person who signed the foregoing instrument before me
and avowed under penalty of law to the whole truth of the
contents of the said instrument.

Page 15 of 24
 ATTY. DABOI P. JURADO
Notary Public for and in the Municipality of
Bauan, Batangas
Commission No. 2018-99
Until December 31, 2021
Roll of Attorneys No. 003780
IBP Lifetime No. 0987680/Batangas City
MCLE Compliance No. V-09090878,07-11-17
TIN: 200-100-999

Doc. No:
Page No:
Book No:
Series of 2021.

CERTIFICATION

I, ATTY. DABOI P. JURADO, with office address at

Manghinao Proper, Bauan, Batangas after being duly sworn
depose and say:

1. I was the one who conducted the examination of MARITES

D. MAINGAY at Manghinao Proper, Bauan, Batangas;

2. I have faithfully recorded or caused to be recorded the

questions I asked and the corresponding answers that the
witness gave;

3. Neither, I, nor any other person then present or assisting

him coached the witness regarding his answers.

IN WITNESS WHEREOF, I have hereunto set my hand this

18th day of August 2021 at Batangas City.

ATTY. DABOI P. JURADO

Affiant

Page 16 of 24
 Notary Public for and in the Municipality of
Bauan, Batangas
Commission No. 2018-99
Until December 31, 2021
Roll of Attorneys No. 003780
IBP Lifetime No. 0987680/Batangas City
MCLE Compliance No. V-09090878,07-11-17
TIN: 200-100-999

SUBSCRIBED AND SWORN TO BEFORE ME, a notary

public in and for Bauan, Batangas, this 18th day of August 2021
personally came and appeared the affiant who is personally
known to me, and thus no ID required, and to me known to be
the same person who signed the foregoing CERTIFICATION
before me and avowed under penalty of law to the whole truth
of the contents of the said document.

ATTY. JOSE B. MANALO

Roll No. 44190
PTR No. 671346
Issued at Batangas City, Batangas
MCLE No. VI-0011366

Doc. No:
Page No:
Book No:
Series of 2021.

Copy furnished:

Page 17 of 24
Page 18 of 24
Page 19 of 24
ANNEX B

Page 20 of 24
 ANNEX C

July 15, 2021

ISKO DOMAGOSO
F. Mangobos St., Brgy. 1,
Bauan, Batangas

Re: Demand to Pay and Vacate

-------------------------

Dear Mr. Domagoso:

We write in behalf of our client, Mrs. Sonia Duterte, who

referred to us for appropriate legal action the above-captioned
matter.

Facts revealed to us by our client shows that she is the

lawful owner of a titled parcel of land in her name with a
house built therein which is located at F. Mangobos St., Brgy.
1, Bauan, Batangas. She stated that you have been renting
the premises for five (5) years now and that you stopped
paying rent for six (6) months and despite countless oral
demand you continue to refuse to do so.

Our client has been pleading you to pay the accrued

rentals amounting to Php30,000.00 pesos and to vacate her
property since she is now going to use and lease the same to
another.

In view of the foregoing circumstances, we make this

DEMAND upon you to pay the above-mentioned amount and
to vacate the said premises within FIFTEEN (15) DAYS from
notice hereof.

If you fail to heed this demand, we shall be constrained

to institute appropriate CRIMINAL and CIVIL actions against
you to protect our client’s interest.

We trust that you will give this matter your preferential

attention.

Page 21 of 24
Very truly yours,

ATTY. DABOI P. JURADO

Counsel for Mrs. Sonia Duterte

Page 22 of 24
 Republic of the Philippines
ANNEX D Province of Batangas
Municipality of Bauan
Barangay 1

OFFICE OF THE LUPONG TAGAPAMAYAPA

SONIA DUTERTE
Complainant, Barangay Case No. 00056-2021
For: Unlawful Detainer
vs.

ISKO DOMAGOSO
Respondent.

CERTIFICATION TO FILE ACTION

THIS IS TO CERTIFY that;

1. There was a personal confrontation between the parties in
front of the Punong Barangay/Pangkat ng Tagapagkasundo but
mediation failed;
2. That the respondent willfully failed or refused to appear
without justifiable reason at the conciliation proceedings before
the Pangkat;
3. Therefore, the corresponding complaint for the dispute may
now be filed in court.
Batangas City, August 17, 2021.

Prepared by:

JULIANA BARRETO
Barangay Secretary

Attested by:

GERARD ANDERSON
Punong Barangay

Page 23 of 24
Page 24 of 24