In its complaint, petitioner alleged that it had executed a Contract to Sell to private

respondent Lot 16, Building No. 14 of the Francel Townhomes, at 22 Real Street,
Maliksi, Bacoor, Cavite, for P451,000.00. The Contract to Sell provides inter alia that in
case of default in the payment of two or more installments, the whole obligation will
become due and demandable and the seller will then be entitled to rescind the contract
and take possession of the property; the buyer will vacate the premises without the
necessity of any court action and the downpayment will be treated as earnest money or as
rental for the use of the premises. Petitioner alleged that private respondent failed to pay
the monthly amortization of P9,303.00 since October 30, 1990 despite demands to update
his payments and to vacate the premises, the latest of which was the demand made in the
letter dated September 26, 1992, and that because of private respondent's unjust refusal to
vacate, petitioner was constrained to engage the services of counsel. Petitioner prayed
that private respondent be ordered to vacate the premises and pay a monthly rental of
P9,303.00 beginning October 30, 1990 until he shall have vacated the premises, and
P25,000.00 as attorney's fees plus appearance fee of P1,000.00 per hearing and expenses
of litigation.
On July 19, 1974, Patricio Pagtalunan (Patricio), petitioners stepfather and predecessorin-interest, entered into a Contract to Sell with respondent, wife of Patricios former
mechanic, Teodoro Manzano, whereby the former agreed to sell, and the latter to buy, a
house and lot which formed half of a parcel of land, covered by Transfer Certificate of
Title (TCT) No. T-10029 (now TCT No. RT59929 [T-254773]), with an area of 236
square meters. The consideration of P17,800 was agreed to be paid in the following
manner: P1,500 as downpayment upon execution of the Contract to Sell, and the balance
to be paid in equal monthly installments of P150 on or before the last day of each month
until fully paid.
It was also stipulated in the contract that respondent could immediately occupy the house
and lot; that in case of default in the payment of any of the installments for 90 days after
its due date, the contract would be automatically rescinded without need of judicial
declaration, and that all payments made and all improvements done on the premises by
respondent would be considered as rentals for the use and occupation of the property or
payment for damages suffered, and respondent was obliged to peacefully vacate the
premises and deliver the possession thereof to the vendor.
Petitioner claimed that respondent paid only P12,950. She allegedly stopped paying after
December 1979 without any justification or explanation. Moreover, in a "Kasunduan"1
dated November 18, 1979, respondent borrowed P3,000 from Patricio payable in one
year either in one lump sum payment or by installments, failing which the balance of the
loan would be added to the principal subject of the monthly amortizations on the land.
Lastly, petitioner asserted that when respondent ceased paying her installments, her status

of buyer was automatically transformed to that of a lessee. Therefore, she continued to

possess the property by mere tolerance of Patricio and, subsequently, of petitioner.

(Complaint for Ejectment / Unlawful Detainer with Prayer for the Issuance of a
Writ of Preliminary Mandatory Injunction)
(CAPTION)
C O M PLAI N T
COMES NOW the Plaintiff, by undersigned counsel, and unto this Honorable
Court, most respectfully alleges that:
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;
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;
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";
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;
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";
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);
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);
That

the

reasonable

rental

value

of

the

said

land

is

__________________________ (P___________) per month;

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;
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
Plaintiff repleads by reference all of the foregoing allegations as may be material
and relevant under this heading;
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;
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;

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.
PR AYE 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)

(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
__________________________ (P___________) per month;

land

is

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)