Complaint For Ejectment

REPUBLIC OF THE PHILIPPINES
MUNICIPAL TRIAL COURT IN CITIES

THIRD JUDICIAL REGION
CITY OF SAN JOSE DEL MONTE
BULACAN
SUPERMAN and her heirs

as REP. BY BATMAN,
Plaintiff,
-VERSUS- Civil Case No. ________

For: Unlawful Detainer
JOKER.
and all persons claiming rights under him,
Defendants.
x--------------------------------------------------------x
COMPLAINT FOR EJECTMENT

PLAINTIFF, thru counsel, and unto this Honorable Court, most
respectfully avers that:
1. Plaintiff is of legal age, Filipino, with residence and postal address

at ________________________________where he may be served with notices
and other court processes;
2. Defendant is of legal age, Filipino, with residence and postal address

at ________________________________________________, where he may be
served summons and other court processes;
3. Plaintiff is the absolute owner of house and lot situated

at __________________________, with an assessed value of Php 56,260.00. A
copy of the TCT together with the Tax Declaration is hereto attached as Annexes
“A” and “B” respectively;
4. Plaintiff is duly represented by ________________________. A copy of Special

Power of Attorney is hereto attached as Annex “C”;
Superman vs Joker
Ejectment
Page 2 of 6
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5. Plaintiff has been residing in the said house and lot since 1970 until such time that
they had vacated the said house and lot in 2002 as requested by Vicente Del
Rosario to the Sps. Privado and Lucia Guevan and family;
6. In the year 1997, a house and lot owned by Sps. Privado Guevan and Lucia
Manalo was mortgage to Rural Bank of Bocaue. On the year 2000, Sps. Guevan
borrowed money from Sps. Vicente Del Rosario and Ma. Sumilang R. Del
Rosario to pay the amount of mortgage for the redemption of the property with a
verbal agreement that Sps. Privado Guevan and Lucia Manalo will pay back the
said loan amount when they have the money or pay when able, they being
friends;
7. Sometime in May 2002, Vicente Del Rosario required Sps. Privado Guevan and
family to temporarily vacate the place and to allow his brother, Pedro Del Rosario
Jr. and family to temporarily stay in the said property with the condition that after
Sps. Privado Guevan and family paid the loan amount, Pedro Del Rosario Jr. and
his family will voluntarily vacate the place;
8. On August 10, 2013, Privado Guevan, the husband of Lucia M. Guevan died. A
copy of the Death Certificate is hereto attached as Annex “D”;
9. On August 13, 2016, Vicente Del Rosario, the husband of Ma. Sumilang R. Del
Rosario died. A copy of the Death Certificate is hereto attached as Annex “E”;
10. On September 2017, plaintiff has already paid Ma. Sumilang R. Del Rosario the
amount loaned in full, this was acknowledged by Ma. Sumilang R. Del Rosario in
her Affidavit dated July 30, 2018. Affidavit of Ma. Sumilang R. Del Rosario is
hereto attached as Annex “F”;
11. On November 29, 2017, plaintiff asked defendant to leave the said premises,
considering that they have already paid their obligations to Sps. Del Rosario, but
defendant brother of Vicente Del Rosario refused to do so;
Superman vs Joker
Ejectment
Page 3 of 6
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12. Defendant also refused to pay rent for the said house and lot which was pegged
Php 5,000.00 per month or a total of Php 40, 000.00;
13. Several demands to vacate was made by plaintiff to defendant, both oral and
written, but defendant refused to vacate the said house and lot and return
possession to the plaintiff. Said demand letter is hereto attached as Annexes “G”
and “H” respectively;
14. Thus, defendant is unlawfully withholding possession of the subject house and lot
from the plaintiff despite numerous demand for the defendant to vacate the
questioned premises located at Sitio Lot B Brgy. Sapang Palay Proper, City of San
Jose del Monte, Bulacan, covered by TCT No.157010 (M);
15. Because of defendant’s adamant refusal to vacate the said house and lot. Plaintiff
filed a complaint to the barangay and after several hearings, the barangay issued a
Certificate to File Action or “KATIBAYAN PARA MAKAPAGDEMANDA” dated
December 18, 2017, for the plaintiff to formally file a case in court. A copy of
said “KATIBAYAN PARA MAKAPAGDEMANDA” is hereto attached as Annex
“I”;
16. After the issuance of the said “KATIBAYAN PARA MAKAPAGDEMANDA”,

plaintiff engaged the services of legal counsel on July 21, 2018, for the filing of
the appropriate legal action. A copy of said legal service agreement is hereto
attached as Annex “J”;
17. Defendant’s refusal to vacate and surrender the subject properties despite
numerous demands served by plaintiff upon defendant unlawfully deprives
plaintiff of the lawful possession of the subject properties. Thus, on account of
these acts of the defendant , plaintiff suffered sleepless nights, social ridicule and
wounded feelings, that entitles her to demand payment of moral damages in the
amount of Fifty Thousand Pesos (Php 50,000.00) and exemplary damages in the
amount of Fifty Thousand Pesos (Php 50,000.00);
Superman vs Joker
Ejectment
Page 4 of 6
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18. The plaintiff, in order to protect her rights and prosecute this case was
constrained to engage the services of undersigned counsel and has to pay for the
acceptance fee amounting to Eighty Five Thousand Pesos (Php 85,000.00), Five
Thousand Pesos (Php 5,000.00) as professional fee per appearance on this case
and Five Thousand Pesos (Php 5,000.00) as professional fee per pleading on this
case, for which amounts the defendant should be made liable to pay to the
plaintiff.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court that after due notice and hearing, judgment be rendered in favor
of plaintiff:
1. For the restitution of the abovementioned house and lot located at Sitio Lot
B Brgy. Sapang Palay Proper, City of San Jose del Monte, Bulacan, covered by
TCT No. T-157010 (M);
2. For the payment of Two Hundred Fifty Thousand Pesos (PhP 250,000.00),
representing the actual, exemplary and moral damages; and
Exemplary Php 50,000.00
Moral damages Php 50,000.00
Rent Php 40,000.00
Acceptance fee Php 85,000.00
Appearance fee Php 15,000.00
Pleading fee Php 10,000.00
3. To pay the costs for this suit.
Other reliefs just and equitable under the premises are likewise prayed for.
Superman vs Joker
Ejectment
Page 5 of 6
x--------------------------------------------------------x
_________________________, July 30, 2018
ATTY LUCKY JAVELLANA

Counsel for the Plaintiff
CC:
_________________________
EXPLANATION
This complaint is served by registered mail due to lack of personnel, time

constraint to effect personal service.
___________________________
VERIFICATION
I, __________________________, of legal age, Filipino and is presently

residing at _______________________________________, under oath hereby
deposed and state that:
1. I am the plaintiff in the above – entitled case;
2. I have caused the preparation of the forgoing Complaint for Ejectment;

Superman vs Joker
Ejectment
Page 6 of 6
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3. I hereby attest that the allegations herein are all true and correct of my
own personal knowledge or base on authentic document or records;
_____________________
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME this ____ day of

_____________ at _________________________________, Philippines.
Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2021.

Complaint For Ejectment

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REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES

SUPERMAN and her heirs

-VERSUS- Civil Case No. ________

COMPLAINT FOR EJECTMENT

1. Plaintiff is of legal age, Filipino, with residence and postal address

2. Defendant is of legal age, Filipino, with residence and postal address

3. Plaintiff is the absolute owner of house and lot situated

4. Plaintiff is duly represented by ________________________. A copy of Special

16. After the issuance of the said “KATIBAYAN PARA MAKAPAGDEMANDA”,

WHEREFORE, premises considered, it is most respectfully prayed of this

3. To pay the costs for this suit.

_________________________, July 30, 2018

ATTY LUCKY JAVELLANA

This complaint is served by registered mail due to lack of personnel, time

I, __________________________, of legal age, Filipino and is presently

1. I am the plaintiff in the above – entitled case;

2. I have caused the preparation of the forgoing Complaint for Ejectment;

SUBSCRIBED AND SWORN TO BEFORE ME this ____ day of

Doc. No. _____;

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