(Complaint for Ejectment / Unlawful Detainer with Prayer for the Issuance of a Writ of Preliminary Mandatory Injunction)

(CAPTION)

C O M P L A I N T

COMES NOW the Plaintiff, by undersigned counsel, and unto this Honorable Court, most

respectfully alleges that:

1. Plaintiff is of legal age, Filipino, (single / married / widow), and a resident of

_____________, Philippines. For purposes of this action, Plaintiff may be served with copies

of our notices and orders of the Honorable Court at the office address of the undersigned

counsel indicated below;

2. Defendant is also of legal age, Filipino, and for purposes of this action, he may be served

with summons and other processes of this Honorable Court at his residence and post-office

address at _____________, Philippines;

3. Plaintiff is the true and registered owner of a certain parcel of land situated in

_____________, Philippines, consisting of approximately _____________ (_____) square

meters, and identified as Lot ________ and covered by Transfer Certificate of Title No.

_____________ of the Registry of Deeds of _____________; Machine copy of said Transfer

Certificate of Title No. _____________ is attached hereto as ANNEX "B";

4. That sometime in _____________, Defendant and his family began to be in possession of

the said property, not by virtue of any title or contract, but merely upon the Plaintiff's

tolerance, as he had no immediate need of the said property at that time;

5. That on _____________, Plaintiff demanded that Defendant vacate and return the

possession of the said parcel of land to the herein Plaintiff, but despite numerous demands

for him and his family to vacate, Defendant has remained in illegal possession of the said

land and, up to the present, still retain such possession. Machine copy of the said demand

letter is attached hereto as ANNEX "C";

6. While possession by tolerance is lawful, such possession becomes illegal upon demand to

vacate is made by the owner and the possessor by tolerance refuses to comply with such

demand (Prieto vs. Reyes, 14 SCRA 432; Yu vs. De Lara, 6 SCRA 786, 788; Isidro vs. Court of

Appeals, G.R. No. 105586, December 15, 1993);

7. A person who occupies the land of another at the latter's tolerance or permission, without

any contract between them, is necessarily bound by an implied promise that he will vacate

upon demand (Yu vs. De Lara, supra, cited in Sumulong vs. Court of Appeals, G.R. No.

108817, May 10, 1994);

8. That the reasonable rental value of the said land is __________________________

(P___________) per month;

9. That due to the unjust refusal of the Defendant to vacate and to return the said land to the

Plaintiff, the latter was constrained to endorse the said matter to its legal counsel for the

filing of an appropriate action in court for a fee of P_____________ and the amount of

P__________ per court hearing;

10. That this action is being filed within a period of one (1) year from the demand on Defendant

to vacate the said property.

ALLEGATIONS IN SUPPORT OF THE PRAYER FOR ISSUANCE

OF A WRIT OF PRELIMINARY MANDATORY INJUNCTION

11. Plaintiff repleads by reference all of the foregoing allegations as may be material and

relevant under this heading;

12. Defendant's continued illegal occupation of the said parcel of land and refusal to vacate the

same and to peacefully surrender possession thereof to herein Plaintiff is working grave

injustice and causing damage to the latter;

13. Plaintiff is entitled to the reliefs demanded, and the whole or part of such relief consists in

the immediate delivery and surrender by the defendants of possession of the land to the

Plaintiff;

14. In the event that a writ of preliminary mandatory injunction is granted to Plaintiff, she is

ready, willing and able to post a bond to answer for all damages Defendant may sustain by

reason of said injunction if the court should finally decide that Plaintiff is not entitled

thereto.

P R A Y E R

WHEREFORE, it is most respectfully prayed that, after due hearing, judgment be rendered in

favor of the plaintiffs:

a) Ordering the Defendant, his family, successors, assigns and all persons acting under him, to

vacate Lot _____________ that is covered by Transfer Certificate of Title No.

_____________ of the Registry of Deeds for the Province of _____________ and to

peacefully turn over the possession thereof to the Plaintiff;

b) Ordering Defendant to pay Plaintiff monthly rental at the rate of P_____________ per

month from the time of the filing of this action to the time possession is returned to the

Plaintiff;

c) Ordering Defendant to pay Attorney's Fees in the amount of P_____________ and

P___________ per court hearing and to pay cost of suit;

d) That pending the outcome of the instant case, a writ of preliminary mandatory injunction

be immediately issued ordering the Defendant, his family, successors, assigns and all

persons acting under him, to immediately vacate the said parcel of land and return

possession of the same to the Plaintiff.

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

Date _____________, Philippines, __Date__.

(COUNSEL)

VERIFICATION

REPUBLIC OF THE PHILIPPINES)

Province of ____________________) S.S.

City/Municipality of _____________)

x - - - - - - - - - - - - - - - - - - - - - - - x

I, _____________, of legal age, Filipino, (single / married / widow), and a resident of _____________, Philippines, after being sworn in accordance with law, hereby depose and say:

That I am the (Plaintiff / Complainant / Petitioner) in the above-entitled case; That I have caused the preparation of the above (Complaint / Petition) and I have read the same and knows the contents thereof; That the allegations contained therein are true and correct of my own personal knowledge.

IN WITNESS WHEREOF, I have hereunto set my hand this _____________ at _____________, Philippines.

AFFIANT

SUBSCRIBED AND SWORN to before me, this _____________, by _____________ who exhibited to me (his/her) Community Tax Certificate No. _____________ issued at _____________, Philippines on _____________.

NOTARY PUBLIC

Doc. No. ______;

Page No. ______;

Book No. ______;

Series of ______;

(CERTIFICATION OF NON-FORUM SHOPPING

AFFIDAVIT OF MERIT

I, _____________, of legal age, Filipino, (single / married / widow), and a resident of _____________, Philippines, after being sworn to in accordance with law, depose and state:

1. That I am the plaintiff in the above-captioned case filed against _____________ before the Municipal Trial Court of _____________, Philippines;

2. That I am the true and registered owner of a certain parcel of land situated in _____________, identified as Lot ________ and covered by Transfer Certificate of Title No. _____________ of the Registry of Deeds for the Province of Negros Occidental;

3. That since _____________, Defendant _____________ and his family began to be in possession of the said property upon my mere tolerance, as I had no immediate need of the said property at that time;

4. That sometime in _____________, I demanded from the Defendant that he and his family vacate and return the possession of the said property, but despite numerous demands for him to vacate, the Defendant has remained in illegal possession of the said land and, up to the present, still retain such possession;

5. That the reasonable rental value of the said land is __________________________ (P___________) per month;

6. That Defendant's continued illegal occupation of the property and refusal to vacate the same and to peacefully surrender possession thereof is working grave injustice and causing damage to the undersigned;

7. That I am entitled to the reliefs demanded in my complaint, and the whole or part of such relief consists in the immediate delivery and surrender by the Defendant of possession of the land to the undersigned;

8. That in the event that I am granted a writ of preliminary mandatory injunction, I am ready, willing and able to post a bond to answer for all damages that the Defendant may sustain by reason of said injunction if the court should finally decide that I am not entitled thereto.

IN WITNESS WHEREOF, I have hereunto set my hand this _____________ in the _____________, Philippines.

AFFIANT

(Jurat for an Individual Affiant)

SUBSCRIBED AND SWORN to before me, this _____________, by the Affiant who is personally known to me (or whom I have identified through competent evidence of identity) and who exhibited his/her Community Tax Certificate No. _____________ issued at _____________ on _____________.

NOTARY PUBLIC

Doc. No. ______;

Page No. ______;

Book No.______;

Series of 20____.

CERTIFICATION OF NON-FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES)

Province of ____________________) S.S.

City/Municipality of _____________)

x - - - - - - - - - - - - - - - - - - - - - - - x

I, _____________, of legal age, Filipino, (single / married / widow), and a resident of _____________, Philippines, after being sworn in accordance with law, hereby depose and certify that:

(a) I have not theretofore commenced any other action or proceeding or filed any claim involving the same issues or matter in any court, tribunal, or quasi-judicial agency and, to the best of my knowledge, no such action or proceeding is pending therein; (c) if I should thereafter learn that the same or similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or quasi-judicial agency, I undertake to report such fact within five (5) days therefrom to the court or agency wherein the original pleading and sworn certification contemplated herein have been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this _____________ at _____________, Philippines.

AFFIANT

SUBSCRIBED AND SWORN to before me, this _____________, by _____________ who exhibited to me (his/her) Community Tax Certificate No. _____________ issued at _____________, Philippines on _____________.

NOTARY PUBLIC

Doc. No. ______;

Page No. ______;

Book No. ______;

Series of ______;