REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH ____
HEIRS OF VITO CORLEONE,

Plaintiffs,
CIVIL CASE NO. _____
For: Unlawful Detainer

SPOUSES BRUNO AND MARIA TATTAGLIA,

Defendants.
x-------------- ------------- -x

COMPLAINT
---------------------------PLAINTIFFS by counsel, unto this Honorable Court, respectfully state:
1.
Plaintiffs are all of age, Filipino citizens, with postal address at 1441
Molten Street, Barangay Sta. Cruz, Makati City where they may be served with the
processes of this Honorable Court.
2.
Defendants are likewise of age, with postal address at 24 M. Nadal
Street, Tangos, Navotas, Metro Manila where they may be served summons and other
processes of this Honorable Court.
3.
Plaintiffs, namely Michael Corleone, Santino Corleone, Constansia
Corleone-Manzano, and Fredo Corleone are brothers and sisters, being the heirs of Vito
Corleone and herein represented by Michael Corleone.
4.
Upon the death of Vito Corleone, Plaintiffs inherited a house and lot
valued at P18,000,000.00.
5.
Sometime in January 2005, defendant spouses approached Michael and
expressed interest to buy the house and lot.
6.
Sometime in January 2006, the parties agreed and executed a Deed of
Absolute Sale whereby the said house and lot was sold by plaintiffs to defendants for
P2,500,000.00. Pursuant to the Deed of Absolute Sale, defendants were allowed to
take over possession of the premises but the title to the property shall transfer only
upon full payment; Defendants however failed to pay the agreed purchase price in
full, leaving a balance of P338,000.00.
7.
On August 2,2010, a demand letter demanding payment of the unpaid
balance was sent to the defendants. Defendant however failed to pay the same.
8.
On April 15,2013, a final demand letter was sent to defendants
demanding payment of the balance of the purchase price and to vacate the
premises. Likewise, the Deed of Absolute Sale was cancelled by plaintiffs for failure of

defendants to pay the balance. A demand for payment of monthly rentals were also
made.
9.
Despite these demands made by the plaintiffs, defendants failed to
vacate and refuses to vacate the premises and pay the balance and the monthly
rentals.
10.
Defendants' possession was therefore illegal due to cancellation of the
Deed of Absolute Sale and for refusing to vacate the premises despite notice .
11.
On December 15, 2013 plaintiffs filed a complaint with the barangay for
conciliation purposes. However, no settlement was reached and a certificate to file
action was issued by the barangay.
12.
By virtue of defendants violation of their contractual obligations, and
unreasonable defiance of plantiffs just and lawful demands amounting to no less than
gross and evident bad faith , plaintiffs suffered sleepless nights and mental anguish.
Defendants should therefore be made to pay moral damages.
13.
Due to unjustifiable refusal to comply with the just demands of
plaintiffs, the latter was compelled to litigate and engage the services of counsel for a
fee .

RELIEF

FOREGOING PREMISES taken into consideration, it is most respectfully prayed

of this Honorable Court after due hearing that judgment be rendered:
1.
Ordering defendants Bruno and Maria Tattaglia, his heirs
and assigns and any and all persons claiming rights under them to
vacate and surrender without delay the subject premises to plaintiffs.
2.
To pay the sum of FIFTY THOUSAND PESOS (PhP
50,000.00)as and by way of moral damages.
3.
To pay the sum of SIX THOUSAND SIX HUNDRED PESOS
(PhP 6,600.00) as reasonable compensation for the use, enjoyment and
occupation of the premises without any right whatsoever, from the date
of the filing of this Complaint and until defendants vacate the same.
4.
To pay the sum of THIRTY THOUSAND PESOS (PhP
30,000.00)as and by way of attorneys fees plus TWO THOUSAND PESOS
(PhP 2,000.00) as and by way of appearance fees and costs of litigation.
Plaintiffs prays for such other reliefs just and equitable under the premises.
Valenzuela City for Navotas, Metro Manila, 09 March 2004.

DOMINIC LAURENZI M. DE GUZMAN

Counsel for the Petitioner
G/F R&D Southwest Pacific Building,
66 Don Pedro Subdivision, Marulas, Valenzuela City

IBP Roll No. 12345

PTR No. 12345678- 01/01/13-Quezon City
IBP OR No. 123456 - 01/01/13-Caloocan City
VERIFICATION/CERTIFICATION
I,MICHAEL CORLEONE, after having duly sworn to law, depose and say that:
1.
I am one of the plaintiffs and the duly authorized representative of the
other plaintiffs in the above-entitled case and I have caused the preparation of the
foregoing Complaint the allegations of which, to the best of my personal knowledge
and belief are true and correct and/or based on authentic records;
2.
I have not commenced any other, action or proceeding involving the
same issues in the Supreme Court, Court of Appeals, or any other tribunal or agency
nor have I knowledge of the same;
3.
I undertake to inform this Honorable Court within five (5) days upon
knowledge of a similar action or petition which is either pending or may have been
terminated.

MICHAEL CORLEONE
Affiant
SUBSCRIBED AND SWORN TO before me this _____ day of _________________,
2014 in __________________. affiant exhibiting to me her
Passport No.
________________ issued at ________________ on ____________________ and
expiring on __________________.

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