Republic of the Philippines

Municipal Trial Court

Branch 5
Baguio City



Mr. Uzumaki Naruto, plaintiff Civil Case No. 2
Accompanied by his Attorney in fact, for:Unlawful Detainer
Atty. Poging Attorney

-versus-

Mr. Uchiha Sasuke, Defendant
x-----------------------------------------x


COMPLAINT



COMES NOW, the plaintiff together with the undersigned counsel to this most honorable court, MOST
RESPECTFULLY STATES THAT;

1. The Plaintiff is of legal age, married and a resident of Puguis, La Trinidad Benguet. The Defendant is
likewise of legal age, married and temporary residing at Petersville Subdivision, Baguio City.
2. The Plaintiff is the owner of the two-storey house unit located at the Petersville Subdivision, Baguio
City, and having the residential address of PV 123 as evidenced by pertinent documents like tax
declaration and deed of sale. ( EXHIBIT A )
3. The Defendant is the lessee of the house unit that is owned by the Plaintiff as evidenced by the
written contract of lease that both parties signed. (Exhibit B)
4. The Plaintiff and the Defendant came up with a written agreement of Lease on June 26, 2007,
which they both agreed upon and was duly signed by the two parties as shown in their contract of lease.
(Exhibit B)
5. Item No. 16 of the contract which the defendant signed expressly provides that he will only be
occupying the property for one (1) year, after which, he will vacate the house when that term expires.
(Exhibit B)
6. The contract also provides that the defendant should also take care of the property and its
premises with the utmost diligence.
7. On June 28, 2008, the plaintiff, after returning from Japan, was surprised to discover that the
defendant did not vacate the property as he expected. Worse, he installed a sari-sari store in the
original building structure of the house unit.
8. The plaintiff confronted the defendant about it but the defendant claimed that it was a DEED OF
SALE which they signed and not a CONTRACT OF LEASE and therefore, the defendant is the new
owner of the house unit.
9. On August 20, 2008, after continuous demands, the defendant constantly refuses to vacate the
house unit and even invited relatives to stay with him.
10. The defendant willfully and maliciously violated the agreement which they mutually agreed upon,
and which the defendant signed.



PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that
judgement be rendered in favor of the plaintiff and that after judgement;

a. The defendant shall vacate the house unit owned by the plaintiff.
b. The defendant shall be ordered to pay P 120, 000 for the Attorneys Fees.

Such other reliefs and remedies under the premises are likewise prayed for.

Baguio City, Philippines, this 28th day of September 2008.




Poging Attorney
Counsel for the Plaintiff
PTR No. 18909595:1-04-07:B.C.
IBP No, 693095:1-04-07:B.C.
Roll No. 42481:5-10-97: Manila
Rm. 4 2/F Baguio Boating Center
180 Burnham Lake, Baguio City



VERIFICATION/CERTIFICATION OF FORUM SHOPPING

Republic of the Philippines )
City of Manila ) S.S.
I, KRUL ACOSTA, of legal age, Filipino citizen, single and resident of 123 Benitez Street, Manila, after having been duly
sworn to in accord Nance with law do hereby depose and say:
1. That I am the plaintiff in the above-entitled case;
2. That I have caused the preparation of the foregoing complaint and have read the allegations contained therein;
3. The allegations in the said complaint are true and correct of my own knowledge and authentic records;
4. I hereby certify that I have not commenced any other action or proceeding involving the same issues in any court, tribunal or quasi-
judicial agency and, to the best of my knowledge, no such other action or claim is pending therein;
5. That if I should learn thereafter that a similar action or proceeding has been filed or is pending, I hereby undertake to report that fact
within five (5) days therefrom to the court or agency where the original pleading and sworn certification contemplated herein have
been filed;
6. I executed this verification/certification to attest to the truth of the foregoing facts and to comply with the provisions of Adm. Circular
No. 04-94 of the Honorable Supreme Court.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 24th of September 2012, in the City of Manila.

KRUL ACOSTA

SUBSCRIBED AND SWORN to before me this _______ day of September, 2012, in the City of Manila, affiant exhibiting to
me his Drivers License No. 12345 issued by the Land Transportation Office on April 8, 2012 at the City of Manila.

ATTY. NO CASE
Notary Public
My Commission Expires Dec. 31, 2012
Roll of Attorney No. 34567
IBP No. 12345/2-5-12/Manila
PTR No. 87654/12-22-11/Manila


Doc. No. ________
Page No. _______
Book No. _______
Series of 2012.



Answer with Permissive Counterclaim Sample

REPUBLIC OF THE PHILIPPINES
METROPOLITAN TRIAL COURT
City of Manila
Branch 1

MICHAEL BADIRRI,
Plaintiff,
-versus- CIVIL CASE NO. 12345
EDIL FRANCISCO,
Defendant.
x--------------------------------------------x

ANSWER

COMES NOW, the defendant, through the undersigned counsel and unto this Honorable Court,
most respectfully avers:

That the subject matter of the complaint is specific performance of contract, and the permissive
counterclaim has no relation to such subject matter of the complaint, as follows:

Plaintiff and defendant entered into a a contract of sale of clothing materials on or about June
4, 2012, whereby defendant would pay or deliver to plaintiff such materials worth P300,000.00 and the
plaintiff would in turn pay the same, upon such delivery.

Defendant having delivered said clothing materials on July 29, 2012 to plaintiff, but the latter,
notwithstanding repeated demands, both oral and written, failed and refused to pay the same and still
fails and continues to refuse to pay the purchase thereof, in breach of his obligation.

WHEREOF, defendant prays that the complaint be dismissed for lack of merit.

Under his counterclaim, judgment be rendered ordering plaintiff to pay the amount of
P300,000.00 with legal interests thereon until the principal amount and interest are fully paid.

Such other relief and remedies as may be deemed just and equitable under the premises are
likewise prayed for.

City of Manila, September 27, 2012.

GACUTAN AND SALAZAR LAW OFFICE
Counsel for the Defendant
Suite 258 The Tower
Malate, Manila

By:
ARVIN GACUTAN
Roll No. 98765
IBP No, 12345/1-3-2012/Manila
PTR No. 34567/1-3-2012/Manila

VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING

Republic of the Philippines )
City of Manila ) S. S.

I, EDIL FRANCISCO, of legal age, Filipino citizen, single and resident of 345 UN Avenue, Manila,
after having duly sworn to in accordance with law, do hereby depose and say:
That I am the defendant in the above-entitled case;
That I have read and caused the preparation of the foregoing Answer and have read the allegations
contained therein;
That all allegations in said Answer are true and correct of my own knowledge and based on authentic
records;
That I hereby certify that I have not commenced any other action or proceeding involving the same
issues in any court, tribunal or quasi-judicial agency and, to the best of my knowledge, no such other
action or claim is pending therein;
That if I should thereafter learn that a similar action or proceeding has been filed or is pending, I hereby
undertake to report that fact within five (5) days therefrom to the court or agency where the original
pleading and sworn certification contemplated herein have been filed;
That I executed this verification/certification to attest to the truth of the foregoing facts and to comply
with the provisions of Adm. Circular No. 04-94 of the Honorable Supreme Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 27th day of September 2012 in
the City of Manila.

EDIL FRANCISCO

SUBSCRIBED AND SWORN TO before me this 27th day of September 2012, in the City of Manila,
affiant exhibiting to me his GSIS I.D. No. 12345 in the City of Manila.

Copy furnished:
ATTY. FRETTI LAUREL
Counsel for the Plaintiff
Unit 1234 Laurel Building
Sampaloc, Manila

EXPLANATION

Copy of the foregoing ANSWER was served to plaintiffs counsel by registered mail due to time
and distance constraints and for lack of the undersigneds staff who can serve the same in person.

ARVIN GACUTAN











Memorandum

I. The Parties
II. Procedural Background
III. The Factual Background
IV. Issues of The Case
V. Arguments
VI. Discussion
VII. Prayer
























Deed of Sale