Complaint - Unlawful Detainer

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT

Second Judicial Region
Branch 36
Santiago City, Isabela
MALOU D. PALOLOKO
Plaintiff,
Civil Case No. 55121
For: Unlawful Detainer
FRED D. FRAUD
Respondent.
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 David St.,
Purok 5, Rosario, Santiago City where she may be served notices and other court
processes;
2. Respondent is of legal age, Filipino, with residence and postal address at House
No. 97, Metroville Subdivision, Rosario, Santiago City;
3. Plaintiff is the absolute owner and lessor of that certain apartment situated in
Metroville Subdivision, Rosario, Santiago City and now leased and occupied by
the respondent;
4. Pursuant to the lease contract (Exhibit A) executed by the plaintiff and the
respondent dated October 28, 2022, the respondent is obliged to pay a monthly
rental payment of P10,000.00 to the plaintiff;
5. A stipulation in the said lease contract provides that in case of default by the lessee
of the payment of the rent such as when the checks are dishonored, the plaintiff at
its option may terminate the said contract and eject the lessee;
6. On September 1, 2023, the plaintiff tried to encash BPI Check No. 25613
corresponding to the rental payment for the month of August but the same was
dishonored due to insufficiency of funds;
7. On the same day, plaintiff informed the respondent that the latter’s check was
dishonored and demanded that formed be paid in cash instead but the respondent
failed to do so;
8. On September 2, 2023, plaintiff again went to the respondent and demanded for
the payment of the dishonored check and for respondent to vacate the premises but
respondent failed to tender payment and refused to vacate the premises;
9. On September 11, 2023, plaintiff, with assistance of a counsel, sent a formal
demand letter (Exhibit B) to the respondent giving him ten (10) days to make his
rental payment and vacate the premises;
11.On September 25, 2023, at the expiration of the ten-day grace period given by the
plaintiff, the respondent still has not made his payment and consistently refused to
vacate the apartments;
12. Until now, respondent still refuses to vacate and restore possession and pay his
rentals;
13. Thus, respondent is unlawfully withholding possession of the subject apartment
from the plaintiff despite last and final demand, to the damage and prejudice of the
plaintiff;
14. Before filing this complaint, the dispute has been referred to the Lupong
Tagapamayapa of Rosario, Santiago City but the respondent failed to appear,
hence, no amicable settlement was made (Exhibit C).
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 apartment;
2. For the payment of TWENTY THOUSAND PESOS (P20,000.00), Philippine
currency, representing the arrears of rent now overdue;
3. To pay the cost of the suit
Other reliefs just and equitable under the premises are likewise prayed for.
Rosario, Santiago City Philippines, December 12, 2023.
ATTY. MARK KEVIN C. AGCANAS

Counsel for Plaintiff
Agcanas & Associates Law Firm
P-5, Rosario, Santiago City
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

Republic of the Philippines
(City of Cavite ) S.S.
I, MALOU D. PALOLOKO, 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;
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.
Rosario, Santiago City Philippines, December 12, 2023.
__________________
(Sgd.) Malou D. Paloloko
SUBSCRIBED AND SWORN to before me this 12 th day of December

2023 at P-5, Rosario, Santiago City, Philippines affiant exhibiting to me her
Passport No. 58158450 issued in DFA Manila 2020.
Doc. No.___________; Mark Kevin C. Agcanas
Page No.___________; NOTARY PUBLIC for Santiago City
Book No.__________; Commission Serial No.______
Series of 2016. Until December 31, 2023
Roll of Attorney_______
IBP No.________
PTR No._______

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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

ATTY. MARK KEVIN C. AGCANAS

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, MALOU D. PALOLOKO, of legal age, after having been duly sworn in

Rosario, Santiago City Philippines, December 12, 2023.

SUBSCRIBED AND SWORN to before me this 12 th day of December

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