REPUBLIC OF THE PHILIPPINES MUNICIPAL TRIAL COURT OF ILOILO CITY 6th JUDICIAL REGION BRANCH 9

Coco King, Plaintiff, - versus Toto Lee, Defendant x-----------------------x CIVIL Case No. 11444 For: Ejectment

COMPLAINT PLAINTIFF, through counsel, most respectfully states that: 1. That plaintiff is a Filipino, of legal age, single and resident of Guzman St. Mandurriao, Iloilo City, whereas defendant is likewise a Filipino, of legal age, single and resident of Quezon St., Iloilo City, at which addresses the parties herein may be served with summons and other court processes; 2. Herein Plaintiff is the true, lawful and absolute owner and lessor of the house and lot at said address of defendant located in Quezon Street, Iloilo City, known as lot 143-A-1 with an area of 400 square meters. Plaintiff acquired said parcel of land by succession from his father Kang King, who died intestate. A photocopy of TCT No. 14344 is attached as Annexed A and made part hereof;
3. That on November 20, 2012, defendant approached plaintiff and offered to buy the herein property for Php 4,000,000.00 which was accepted by plaintiff;

4. That on Novmber 24, 2012, defendant issued to plaintiff Banco de Oro Check No. 91958, amounting to Php 4,000,000.00 copy attached as Annexed B and which was duly receipted by plaintiff, copy attached as Annex C; 5. The plaintiff allowed defendant and his family to move in and occupy the subject house and lot on December 6, 2012 where they still reside up to the present;

6. The aforesaid BDO Check was dishonored when presented by plaintiff to the bank on December 13,2012 due to insufficiency of balance per Notice of Dishonor, copy attached as Annex D. Defendant issued to plaintiff several checks which all bounced; 7. For the reason of repeated issuance of bouncing checks, plaintiff consented to defendants proposal to voluntarily vacate the subject property as evidenced by an Undertaking to Vacate dated January 30, 2013 executed by defendant, copy attached as Annex E and made part hereof;

8. In lieu of the undertaking to vacate, defendant offered to pay rentals of Php 10, 000.00 per month starting February 2013, plus back rentals from November 2012 to January 2013 up to the time he vacates the property; 9. Contrary to his offer, defendant failed to pay said rentals and refused to vacate the property thereby compelling plaintiff to send, through counsel, a demand letter dated February 15, 2013 which was received by the defendant on the same day;

10. Defendant and all persons claiming rights under him have been unlawfully detaining the herein subject house and lot from the plaintiff and defendant should be ejected therefrom and possession thereof be surrendered to plaintiff; 11. To protect his rights, plaintiff has been compelled to engage the services of counsel with whom he agreed to pay attorneys fees in the amount of Php150,000.00 for which defendant should be made liable, including the cost of the suit plus moral and exemplary damages. PRAYER WHEREFORE, it is respectfully prayed that a writ of preliminary mandatory injunction be immediately issued by this Honorable Court prohibiting or restraining the defendant or other persons acting under him from proceeding to occupy and possess the plaintiffs property. PREMISES CONSIDERED, it is respectfully prayed that after proper proceedings judgement be rendered as follows:

(a) Ordering defendant and all persons claiming rights under him to vacate the parcel of

land known as lot 143-A-1 presently covered by of TCT No. 14244 located at Quezon Street, Iloilo City; (b) Ordering defendant to pay agreed rentals for the use of the subject house and lot in the amount of Php10,000.00 per month starting November 2012 up to present or a total of Php 40,000.00; (c) Ordering the defendant to pay plaintiff the amount of Php100, 000. 00 for and as attorneys fees and to pay the cost of suit and moral and exemplary damages. Plaintiff further prays for such other relief the Honorable Court may deem just and equitable in the premises. RESPECTFULLY SUBMITTED Iloilo City, Philippines, February 27, 2013.

COUNSEL

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, Coco King, Filipino, of legal age, single and resident of Guzman St. Mandurriao, Iloilo City, under oath, depose and state: 1. That I am the plaintiff in the above-entitled case; 2. That I have caused the preparation and filing of the foregoing complaint for ejectment; 3. That I have read and understood the allegations therein contained and the same are true and correct of my own knowledge and based on authentic records; 4. That I have not heretofore commenced or filed any other action involving the same issues in any court, tribunal or agency; that to the best of my knowledge, no such action is

pending in any court, tribunal or agency; that should I hereafter learn of any such pending action, I undertake to inform this Honorable Office of such fact within five (5) days therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of February, in the City of Iloilo.

COCO KING Affiant

SUBSCRIBED AND SWORN to before me this 27th day of February 2013, affiant exhibited to me his SSS ID No. 553255 issued on March 15, 2008 at Iloilo City.

NOTARY PUBLIC

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