Republic of the Philippines

First Judicial Region

MUNICIPAL TRIAL COURT IN CITIES
Tagaytay City
Branch __

Leticia Aquino, as legal guardian to

minors Andre and Fiona Aquino, and
administrator of the Intestate Estate of
Samantha and Carlo Aquino,
Plaintiff Civil Case No. ___
For: Unlawful Detainer

-versus-

Eric Sandoval,
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 No. 476
Oak Road, Crystal Cave, Baguio City, where she may be served notices and
other court processes;

2. She is the lawfully designated guardian of minors Andre and Fiona Aquino,
the legal heirs of deceased Samantha and Carlo Aquino and original owners of
the Tagaytay Condominium Property subject of this case;1 she is also the
designated Administrator of the Estate of Samantha and Carlo Aquino by
virtue of an Extrajudicial Settlement of Estate between all known heirs of the
deceased spouses.2

1
Photocopy of the Entry of Judgment and Decision of the Guardianship Proceedings initiated by complainant is
hereto attached as Annexes “A” and “A-1”.
2
Photocopy of the Extrajudicial Settlement of Estate is hereto attached as Annex “B”.

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 3. Respondent is of legal age, Filipino, with residence and postal address at 76
Tagaytay Condominiums, Tagaytay City, where he may be served with the
court’s summons and legal processes;

4. Plaintiff is the legal guardian of minors-owners of No. 76, Tagaytay

Condominium3 property leased and occupied by the respondent;

5. The respondent leases and occupies the said condominium property and
thereby signed the contract of lease on September 2016 under the express
obligation to pay a monthly rental of P 25,000.00.4

6. The least contract expressly states that failure of the respondent to pay at least
one (1) month of the monthly rental shall immediately terminate the lease
contract and respondent will have to vacate the premises within fifteen (15)
days from notice. The respondent actually failed to pay his monthly rental
starting June 2017, and had been remiss to pay said rentals until date.

7. Respondent has continued to occupy the said condominium notwithstanding

the fact that his contract of lease has been terminated starting June 2017, thus
depriving the plaintiff from having the said condominium leased by other
persons;

8. On 15 September 2017, deceased spouses sent a letter to respondent as a last

and final demand for respondent to vacate plaintiff’s condominium.5

9. Until now Respondent still refuse to vacate and restore possession and pay his
rentals starting June 2017 until the present;

10. Thus, Respondent is unlawfully withholding possession of the subject

condominium from the plaintiff despite last and final demand, to the damage
and prejudice of the plaintiff;

3
Certified true copy of the Condominium Title is hereto attached as Annex “C”.
4
Certified true copy of the Contract of Lease is hereto attached as Annex “D”.
5
Certified true copy of the Demand Letter is hereto attached as Annex “E”.

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 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 condominium;

2. For the payment of PhP25,000.00 (P 30,000.00) PHILIPPINE CURRENCY,

monthly beginning June 2017 until full restitution of the abovementioned
condominium, representing the arrears of rent now overdue.

3. To pay the costs for this suit.

Other reliefs just and equitable under the premises are likewise prayed for.

BAGUIO City for Tagaytay City, Philippines, 13 March 2018.

Donggayao Law Office

Counsel for Plaintiff
01 Puso ng Baguio, Upper Session Road
Baguio City

By:

Atty. Wee Weee

PTR No: 10202016 (2018)
IBP No.:102016 (2018)
MCLE Compliance No.: 0319 (2018)
Roll No.: 102016

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VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, Leticia Aquino, of legal age and with residence at 49-D, New Lucban, Baguio
City, after having been duly sworn, depose and say:

1. That I am the plaintiff in the above entitled complaint;

2. That I have caused the preparation of said complaint/petition;
3. That I have read the allegations therein contained, and that the same are true and
correct of my personal knowledge and/or based on authentic records.
4. That I have not theretofore commenced any action or filed any claim involving
the same issues in any court, tribunal, or quasi-judicial agency and, to the best of
his knowledge, no such other action or claim is pending therein; and If I should
thereafter learn that the same or similar action or claim has been filed or is
pending, I shall report that fact within five (5) days therefrom to the court
wherein the aforesaid complaint or initiatory pleading has been filed.

Witness my hand this 13th Day of March, 2018 at Baguio City.

Leticia Aquino
Affiant

Subscribed and sworn to before me this 13th Day of March 2018 at Baguio City,
affiant exhibiting to me her Driver’s License No. 023 issued on January 10, 2017.

KY ELI
Notary Public
Until December 31, 2018
IBP No. 899403 – 12/20/12 Baguio-Benguet
PTR No. 1338301 – 1/7/13, Baguio City
Roll No. 34813, June 1, 1987
MCLE Compliance No. IV-0020427 – 4/14/17

Doc. No.: 1
Page No.: 1
Book No.: I
Series of 2018