REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT

NATIONAL CAPITAL REGION
Branch 8, Mandaluyong City

JUANA CRUZ, Plaintiff

Civil Case No. _________
Unlawful Detainer
—Versus—

DAVID REYES, Defendant

X------------------------------x

COMPLAINT

Plaintiff, through counsel, respectfully avers that:

1. The plaintiff is of age, and a resident of Mandaluyong City, while the

defendant is also of age, and a resident of Makati City, where he may
be served with summons and other court processes;

2. The plaintiff is the absolute owner and lessor of a certain building

located in Lot 434, Kalentong Road, Mandaluyong City, currently
being leased and occupied by the defendant;

3. The defendant leased and occupied the said building under the
express obligation of paying a monthly rent of Php 15,000.00 per
month, payable within the first five days of each month;

4. The defendant failed to pay the rents for the months of April and May
2019, which now amounts to Php 30,000.00;

5. Without any legal justification, defendant has continuously refused to

pay the said amount despite repeated oral and written demands. A
final demand letter was sent and received by defendant on June 2,
2019, or more than five days before the filing of this complaint. A copy
of the final demand letter to pay the arrears and to vacate the
premises is here attached as Annex A.

PRAYER

WHEREFORE, it is respectfully prayed that after due hearing, judgment

be rendered in favor of the plaintiff, to wit:

a. For the restitution of the abovementioned premises, and;

b. For the payment of Php 10,000.00, represented the arrears for rent
now overdue, with legal interest from the filing of this complaint, and
costs of suit.

Other reliefs just and equitable are likewise prayed for.

ATTY. JOTHAM FUNCLARA

Counsel for the Plaintiff
PTR No. 12345137 1-12-2018
IBP No. 465786879 1-12-2018
Roll No. 10998737
MCLE No. 111-003583 1-20-2018
Republic of the Philippines )
Mandaluyong City )s.s.
x------------------------------------------x

VERIFICATION AND CERTIFICATION AGAINST

FORUM SHOPPING

I, Juana Cruz, Filipino, of legal age, resident of Lot 893, Acacia Lane,
Shaw Boulevard, Mandaluyong City, after having been duly sworn to in
accordance with law, depose and say that:

1. That I am the Plaintiff in the above-mentioned case;

2. That I have caused the preparation of the above Complaint, and ;
3. That I have read the same and known the contents thereof to be true
and correct of my personal knowledge.

IN WITNESS WHEREOF, I have hereunto set my hand this 11 th of June,

2019 at Mandaluyong City, Philippines.

SUBSCRIBED AND SWORN to before me this 11th of June, 2019, by

Juana Cruz, who exhibited to me her voter’s ID No. 492429 issued in
Mandaluyong City on May 5, 2009.

ATTY. JOTHAM FUNCLARA

Notary Public
Doc No. 392
Page No. 56
Book No. 3
Series of 2019
June 2, 2019

Mr. David Reyes

Mandaluyong City

Mr Reyes:

It has been 10 days since you received my letter dated May 23, 2019,
and still, you have failed to pay and still refuse to pay your arrears which
have now amounted to FOURTY THOUSAND PESOS (P40,000.00).

Please be reminded that I have sent you several letters of demand for
you to pay your back rentals and to vacate the premises but the same
letters have been left unanswered. Consider this, then, as my last and
final demand for you to pay your account within three (3) days from
receipt and to VACATE the premises within ten (10) days from receipt of
this notice. Otherwise, I shall be constrained to commence suit to protect
my interests.

Very truly yours,

JUANA CRUZ
 REPUBLIC OF THE PHILIPPINES
MUNICIPAL TRIAL COURT
NATIONAL CAPITAL REGION
Branch 8, Mandaluyong City

JUANA CRUZ, Plaintiff

Civil Case No. _________
Unlawful Detainer
—Versus—

DAVID REYES, Defendant

X------------------------------x

ANSWER

The defendant, by counsel, respectfully states:

1. Paragraphs one and two of the Complaint are admitted;

2. Paragraph three is likewise admitted;

3. Paragraphs four to five are denied for lack of knowledge or

information sufficient to form a belief as to the veracity or falsity
thereof, the allegations therein being matters known only to, and are
within the control only, of the plaintiff;

SPECIAL AND AFFIRMATIVE DEFENSES

1. Contrary to plaintiff’s averment, there was no demand letters made

other than that dated June 2, 2019;
2. The amount stated in the demand letter mentions an amount that is
more than what is actually owed for two months rental, as provided
for in the rental agreement;
3. Furthermore, the demand letter provides only for three days to
comply therewith, in contradiction of the five-day notice required by
Section 2 of Rule 70 of the Revised Rules of Court.

COMPULSORY COUNTERCLAIM

By reason of the abuse of right committed by the plaintiff, and by reason of

the instant precipitate and unfounded suit, the defendant was constrained
to hire the services of a lawyer to defend his rights and interests for a
professional fee of Php 20,000.00.
 PRAYER

WHEREFORE, premises considered, it is respectfully prayed that the

parties be given ample time to reach an amicable settlement before the
Mandaluyong City Mediation Center, and that in case of a failure thereof,
and after trial, the complaint be dismissed for lack of merit and the
defendant’s compulsory counterclaim be granted, with respect to
attorney’s fees of Php 20,000, plus moral damages.

Other reliefs just and equitable are likewise prayed for.

ATTY. NORA LOBIGAS

Counsel for the Defendant
PTR No. 186425099 1-12-2015
IBP No. 858674040 1-12-2015
Roll No. 899998737
MCLE No. 109-99483 1-20-2015
Republic of the Philippines )
Mandaluyong City )s.s.
x------------------------------------------x

VERIFICATION AND CERTIFICATION AGAINST

FORUM SHOPPING

I, DAVID REYES, Filipino, of legal age, resident of Lot 893, Acacia

Lane, Shaw Boulevard, Mandaluyong City, after having been duly sworn
to in accordance with law, depose and say that:

4. That I am the Defendant in the above-mentioned case;

5. That I have caused the preparation of the above Answer, and ;
6. That I have read the same and known the contents thereof to be true
and correct of my personal knowledge.

IN WITNESS WHEREOF, I have hereunto set my hand this 11 th of June,

2019 at Mandaluyong City, Philippines.

SUBSCRIBED AND SWORN to before me this 11th of June, 2019, by

Juana Cruz, who exhibited to me her voter’s ID No. 492429 issued in
Mandaluyong City on May 5, 2009.

ATTY. NORA LOBIGAS

Notary Public
Doc No. 344
Page No. 578
Book No. 78
Series of 2019
 SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, JUANA CRUZ, married, of legal age, and a resident of Mandaluyong City,

do hereby appoint ATTORNEY JOTHAM FUNCLARA, single, of legal age,
and a resident of Antipolo City, as my true and legal representative to act
for and in my name and stead and to perform the following acts:

1) To represent me in the pre-trial conference and subsequent hearings

of the above-entitled case, with special power to make admissions
and/or make and submit as well as accept and approve compromise
agreements/proposals upon such terms and conditions and under
such covenants as he may deem fit, and to undergo mediation, and
other alternative dispute resolution;

2) To sign, deliver, receive, accept any documents, and make necessary

follow-ups which may be necessary relative to the above case.

HEREBY GIVING AND GRANTING unto my said attorney-in-fact full power

and authority to do and perform any and every act and thing whatsoever
requisite, necessary or proper to be done in and about the premises as fully
to all intents and purposes as I might or could do to personally present and
acting in person; and

HEREBY RATIFYING AND CONFIRMING all that my said attorney-in-fact

may lawfully do and cause to be done under and by virtue of these
presents.

IN WITNESS WHEREOF, I have hereunto set my hand at Mandaluyong

City, Philippines this 13th of June 2019.

JUANA CRUZ

SIGNED IN THE PRESENCE OF:

JASMIN CRUZ EVOLICE CENTINO

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, DAVID REYES, married, of legal age, and a resident of Mandaluyong

City, do hereby appoint ATTORNEY NORA LOBIGAS, single, of legal age,
and a resident of Mandaluyong City, as my true and legal representative to
act for and in my name and stead and to perform the following acts:

1) To represent me in the pre-trial conference and subsequent hearings

of the above-entitled case, with special power to make admissions
and/or make and submit as well as accept and approve compromise
agreements/proposals upon such terms and conditions and under
such covenants as he may deem fit, and to undergo mediation, and
other alternative dispute resolution;

2) To sign, deliver, receive, accept any documents, and make necessary

follow-ups which may be necessary relative to the above case.

HEREBY GIVING AND GRANTING unto my said attorney-in-fact full power

and authority to do and perform any and every act and thing whatsoever
requisite, necessary or proper to be done in and about the premises as fully
to all intents and purposes as I might or could do to personally present and
acting in person; and

HEREBY RATIFYING AND CONFIRMING all that my said attorney-in-fact

may lawfully do and cause to be done under and by virtue of these
presents.

IN WITNESS WHEREOF, I have hereunto set my hand at Mandaluyong

City, Philippines this 13th of June 2019.

DAVID REYES

SIGNED IN THE PRESENCE OF:

JASMIN CRUZ EVOLICE CENTINO

REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT
 NATIONAL CAPITAL REGION
Branch 8, Mandaluyong City

JUANA CRUZ, Plaintiff

Civil Case No. _________
Unlawful Detainer
—Versus—

DAVID REYES, Defendant

X------------------------------x

PRE-TRIAL BRIEF

PLAINTIFF, by counsel, respectfully submits her pre-trial brief, as follows:

I. WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT

AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT

1.