Republic of the Philippines
Third Judicial Region
MUNICIPAL TRIAL COURT IN CITIES
City of Dasmarinas
Province of Cavite
Branch ___
SPS. GERI LAMINA &
EDITHA LAMINA
Plaintiffs,
Civil Case No. _____________
For: Unlawful detainer (Ejectment
case)
-versus-
GEORGE SALAS AND MARCELINA
SALAS and all persons claiming rights
Under their name,
Defendants.
x------------------------------------------------x
COMPLAINT
Plaintiffs through the undersigned counsel and unto this Honorable
Court respectfully states that:
1. Plaintiff Spouses GERI and EDITH LAMINA are residents of Blk 20
Lot 11, Brgy. San Rafael 1, Area-H, City of Dasmarinas, Cavite,
where they may be served with court order and other processes;
2. Defendants GEORGE SALAS, MARCELINA SALAS, and all persons
claiming rights under them, are residents of Blk 20 Lot 12, Brgy. San
Rafael 1, Area-H, City of Dasmarinas, Cavite where he may be serve
with summons, order and other court processes;
3. Plaintiff became owners of a certain parcel of land, through a Deed of
Sale from the original owner, Mariano Soriano Laminoza.
4. The parcel of land is situated in Blk 20 Lot 12, Brgy. San Rafael 1,
Area-H, City of Dasmarinas, Cavite, covered by TCT No. T-414462
(M). Attached is the photocopy of the Title as Annex “A” and made
an integral part hereof.
5. Herein Defendants requested Mr. MARIANO LAMINA to allow them
to stay in the subject property because at that time, defendants have
no place to live in and considering that Mr. Mariano Lamina and
herein defendants are siblings, the former allowed the latter to stay
and occupied the parcel of land in question.
6. Mr. Mariano Lamina sold the property to herein plaintiff spouses
GERI and EDITHA LAMINA on August 8, 2013. Attached is the
photocopy of Deed of Sale executed between Mr. Mariano LaminA
and plaintiff spouses as Annex “B” and made an integral part hereof.
7. On January 2014 herein plaintiff spouses already wanted to use the
property they bought from Mr. Mariano Lamina, so the plaintiff
demanded the defendants to vacate the property subject of this case.
But defendants adamantly refused to do so and even further told the
plaintiff spouses that herein defendants will never vacate the property
subject of this case.
8. Due to the evident manifestation of the defendants to vacate and
surrender the possession of the property to the plaintiffs, the latter
brought the matter before the Barangay for possible conciliation and
settlement. Lamentably, no settlement happened and as a
consequence thereof, Barangay San Rafael I have issued a
“Katunayan Upang Makadulog sa Mataas na Tanggapan” in favor of
herein plaintiffs, a copy of which is hereto attached as Annex “C”
and made an integral part hereof.
9. To give the defendants another chance to peacefully surrender the
possession and vacate the property, the plaintiffs delivered personally
a Demand letter on May 23, 2014. But again, defendants did not
heed the demand. As proof, attached hereto is the Demand Letter as
Annex “D” and the Joint Affidavit of Service as Annex “E”.
10. The same acts of the Defendant compelled the Plaintiff to incur
litigation expenses consisting of attorney’s fees in the amount of
TWENTY THOUSAND (Php 20,000.00), twenty thousand pesos
FOR MORAL DAMAGES, and exemplary damages of TWENTY
THOUSAND PESOS (Php 20,000.00).
11. That, I am executing this Affidavit to establish the truth of the
foregoing.
WHEREFORE, it is most respectfully prayed of this Honorable Court
that after due hearing, judgment be rendered in favor of plaintiff and against
defendant in this manner:
1. To vacate the subject premises;
2. To pay the amount of P10,000.00 per month as compensation for
the reasonable use of the subject premises until they finally vacate
the said premises;
3. To pay the plaintiff the costs of this suit.
Plaintiff likewise prays for such other and further relief or reliefs as this
Honorable Court may deem just and equitable in the premises.
Dasmarinas City, Cavite Philippines, July 6, 2014.
____________________________________
IRENE LABINE VILLAMOR
Counsel for Plaintiff
Arguelles Bldg., Jaro, Dasmarinas City
Roll No.: 1234568
PTR No.: 1112345 06-30-2016 Dasmarinas City
IBP No.: 176184 06-30-2016 Dasmarinas City
MCLE Compliance No.: 455813 08-05-2023
VERIFICATION AND CERTIFICATION
I, GERI LAMINA, of legal age, married, Filipino and a resident of Blk
20 Lot 11, Brgy. San Rafael 1, Area-H, City of Dasmarinas, Cavite, under
oath depose and state that:
a. I am the Plaintiff in the above captioned case;
b. I have caused the preparation of the same and have read the
allegations contained therein;
c. The allegations in the said complaint are true and correct of my
own knowledge and authentic records;
d. 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;
e. 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;
f. 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 set my hand this 6 th day of July
2014 at Dasmarinas City, Philippines.
___________________
Affiant
SUBCRIBED AND SWORN TO before me this 6th day of July
2017 in Dasmarinas City, Philippines, affiant exhibiting to me her City
Government ID no. 2016-067 issued in Dasmarinas City on March 10, 2014
and valid until June 30, 2019.
IRENE LABINE VILLAMOR
Notary Public for the City & Prov. of Dasmarinas
Until December 31, 2018
Arguelles Bldg., Jaro, Dasmarinas City
Roll No.: 123456
PTR No.: 1112345 06-30-2016 Dasmarinas City
IBP No.: 176184 06-30-2016 Dasmarinas City
MCLE No.: 455813 08-05-2016
Doc. No. __12_;
Page No. __2__;
Book No. __2__;
Series of 2017.