Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

9th JUDICIAL REGION
Branch 2
Sta. Barbara, Zamboanga City

SPS. HAN T. SOLO & Special Civil Action

LEIA ORGANA-SOLO, No. :8888-888-88
Plaintiffs,

-versus- -for-

SPS. LUKE R. SKYWALKER &

JYN ERSO-SKYWALKER, UNLAWFUL DETAINER
Defendants.
x----------------------------------------x

COMPLAINT

COME NOW, The Plaintiff, through the undersigned counsel, and unto
this Honorable Court, in the above-entitled case, most respectfully aver: That
–

THE PARTIES

1. Plaintiffs, the Spouses Han and Leia Solo, are both of legal
age, Filipino citizens, married to each other, and residents
of Tumaga, Zamboanga City, Philippines. Summons and
other court processes may be served upon them through
the offices of the undersigned counsel;

2. Defendants, the Spouses Luke and Jyn Skywalker, are

likewise of legal age, Filipino citizens, married to one
another and residents of Tugbungan, Zamboanga City,
Philippines, where they may be served with court summons
and other processes;

STATEMENT OF FACTS

3. The herein plaintiffs are the registered owner of a certain

parcel of land, situated in Tugbungan, Zamboanga City and
more particularly described as follows:
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“A parcel of land (Lot 2096-L-5) of the Subdivision

Plan, PSD-09-062540, being a portion of Lot 2096-
L, (LRC) Psd-654777, LRC 789123 situated in the
Barangay of Tugbungan, Zamboanga City,
containing an area of TWO HUNDRED FIFTY
SEVEN (257) SQUARE METERS, more or less,
and more particularly described in Transfer
Certificate of Title No. 392430 issued by the office
of the Register of Deeds for the City of Zamboanga,
and Tax Declaration No. 05-0020-01167 of the City
of Zamboanga.”
said title is hereto attached as Annex “A”,

4. That per Tax Declaration duly issued by the City Assessor

Zamboanga City, the property is assessed in the sum of
P280,000 a copy is hereto attached as Annex “B”;

STATEMENT OF THE CASE

5. That even before the document upon which the title was
based, [plaintiff] has long been the owners thereof;

6. That [defendants] are staying on the said property with a

house/improvements therein, with the mere tolerance of
[plaintiffs] only without any contract whatsoever and for
which there is an implied understanding to vacate upon the
demand;

7. That plaintiffs previously demanded verbally upon to vacate

which they refused and for which a written notice was sent
advising them to vacate said property within fifteen (15)
days from receipt of the letter to vacate;”;

8. That the said letter was sent by registered mail on

November 17, 2016, which was duly received by the
defendants; copy of the said demand letter which was
personally received on November 20 , 2016 is hereto
attached as Annex “C”,

9. That despite the kind tolerance and consideration given to

the defendants in allowing the latter to occupy the said
property herein subject to full payment upon the issuance of
separate and individual title, defendants choose to ignore
the lawful right of the plaintiffs being the registered owner of
the subject property by continuously occupying the same
without paying to the prejudice of the plaintiffs;
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10. That the continuous possession of the defendant constitutes

a cause of action, wherein the defendant remained thereof
and with the said occupation of the property, which act
impedes the original owner, herein plaintiffs, to the
enjoyment of its property as provided by law;

11. The plaintiffs initiated a complaint against all occupants

before the Katarungan Pambarangay;

12. For failure to reach a settlement with the herein Defendant,

the Lupong Tagamayapa for the Barangay of Tugbungan
issued a “Certificate to File Action” on December 12, 2015;
a copy of the Certificate to File Action is hereto attached as
Annex “D”;

13. As a last ditch effort to avert litigation, Plaintiffs through

counsel, sent a formal letter to Defendant requesting the
latter to enter into a settlement. The letter was ignored; a
copy of the Letter is hereto attached as Annex “E”;

14. That considering that the blatant refusal of the defendants

to vacate the said premises in utter open defiance and in
utter disregard of plaintiff’s legal rights and interest, the
plaintiffs need to seek a judicial proceeding in order to effect
the ejectment of the latter and to protect the rights inherent
to the plaintiffs as the lawful possessor of the subject
property;

15. The due to defendants’ act of continuing to occupy the

subject property, plaintiffs have suffered actual damages in
the amount of Twenty Four Thousand (P24,000.00) Pesos,
if the property has been leased to interested lessees;

16. That as a consequence of the unlawful refusal of the

defendants to pay plaintiffs were constrained to seek the
legal services of the undersigned for which they undertook
to pay P30,000.00 as Attorney’s fees and P2,000.00 as
appearance per hearing.

CAUSES OF ACTION

Plaintiffs most respectfully plead, incorporate and adopt all relevant and
applicable allegations in the preceding paragraph, and further aver: that –

17. Plaintiffs are the lawful owners of the subject property, and
are entitled under the law to possess the same;
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18. That the occupation by the herein defendants over the

property has become unlawful after due demand has been
made for them to vacate the same.

19. Due to Defendants refusal to vacate the premises without

cause, Plaintiffs were constrained to retain the services of
counsel at a cost of Thirty Thousand Pesos (PhP30,000.00) as
Attorney’s fees, to bring the matter to court, and will incur
litigation expenses estimated at Twenty Thousand
Pesos(PhP20,000.00)

20. To date, defendants still refuse and continue to refuse to

vacate the subject property and is unlawfully depriving plaintiffs
of the physical possession of the same thereby preventing
them from its enjoyment to their great prejudice;

21. Under relevant laws and jurisprudence, plaintiffs are entitled

to reasonable compensation for the use and occupation of their
property which they estimate at Four Thousand Pesos (P
4,000.00) a month until defendant vacates the same.

PRAYER:

W H E R E F O R E , premises considered, plaintiffs, through the

undersigned counsel, most respectfully pray that judgment be rendered, as
follows:
1. Ordering the defendants to permanently vacate the plaintiffs’
property and remove or demolish any and all improvements they
may have thereon and to restore possession to the plaintiffs;

2. Ordering the defendants to pay plaintiffs damages in the amount,

as follows:

A. Actual Damages in the amount of Twenty Four Thousand

(P24,000.00) Pesos;

B. Attorney’s Fees in the amount of Thirty Thousand (P30,000.00)

Pesos, and Two Thousand (P2,000.00) Pesos per appearance;
plus litigation expenses of Twenty Thousand ((P20,000.00)

C. Compensate plaintiffs for the use of the property in the amount

of Four Thousand Pesos (P 4,000.00) a month in rentals until
defendants vacate the same.
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Other reliefs and remedies just and equitable under the circumstances
are also prayed for.

RESPECTFULLY SUBMITTED this 2nd day of April at Zamboanga

City, Philippines.

By:

ATTY. JOHN RAPHAEL T. NADONZA

Counsel for Plaintiff
Unit 1, XYZ Building, Pilar Street, Zamboanga
IBP No. 123456; 01/10/16-Zamboanga
PTR No. 123567; 01/10/16-Zamboanga
Roll No. 12345; 5/7/155
MCLE No. I-001234; 9/9/15

VERIFICATION/CERTIFICATION

We, Han T. Solo and Leia Organa-Solo, both of legal age, Filipino
Citizens, married to each other, with post address at Tumaga, Zamboanga
City, Philippines, after having been duly sworn to oath in accordance with law,
depose and say:

1. That We are the Plaintiffs in the above-entitled cases; that we have

caused the preparation and filing of the above-entitled action for
UNLAWFUL DETAINER; and, that the allegations contained
therein are true and correct of our own personal knowledge, or
based on authentic records;

2. We have caused the preparation of the foregoing Complaint and

that we have read and understood the contents thereof which are
true of my personal knowledge and based on authentic records.

3. We hereby certify that we have not initiated any action or

proceeding involving the same party, the same subject matter
Court, with the Municipal Trial Court or any of its division, and/or
with any other court, tribunal, quasi-judicial body or agency. To the
best of my knowledge, there is no suit, action or proceeding has
been filed or is pending before the Supreme Court, The Court of
Appeals, or any of its division or before any other courts or
agencies, I undertake to promptly inform this Honorable Court and
the aforesaid courts or tribunals or agency of such fact within five
(5) days therefrom.
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IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of

April 2017 in the City of Zamboanga, Philippines.

___________________ ___________________
HAN T. SOLO LEIA ORGANA-SOLO
Affiant Affiant

-Oath-

Republic of the Philippines)

City of Zamboanga………...) s. s.
X ----------------------------------x)

SUBSCRIBED AND SWORN TO before me on the date and place first

above-written. Affiants Han T. Solo exhibiting to me competent evidence of
his identity through SSS ID No. 12-3456789-0 issued by Social Security
System, and Leia Organa-Solo exhibiting to me competent evidence of her
identity through SS ID No. 09-8765432-1 issued by Social Security System.

ATTY. JOHN RAPHAEL T. NADONZA

Counsel for Defendant
Unit 1, XYZ Building, Pilar Street, Zamboanga
IBP No. 123456; 01/10/16-Zamboanga
PTR No. 123567; 01/10/16-Zamboanga
Roll No. 12345; 5/7/155
MCLE No. I-001234; 9/9/15

Doc. No. : 123;

Page No. : 025;
Book No. : 011;
Series of 2018.