Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

12th Judicial Region
Branch 1
Iligan City
MASHA ROSTOVA,
Plaintiff,

Civil Case No. 15-45

For: Ejectment with
Damages

-versusJEMMA SIMMONS,
Defendant,
X-------------------------------x

COMPLAINT
COMES NOW, the plaintiff, through the undersigned counsel, and unto
this honorable court, most respectfully avers:
1. That plaintiff is of legal age, Filipino Citizen, with postal address at
Door 15, Bonbat Residence Hall, White Plains Extension, Brgy. San Miguel,
Iligan City;
2. That Defendant Jemma Simmons is of legal age, Filipino Citizen, with
postal address at 0007 West Bend St., Brgy. San Miguel, Iligan City;
3. That on April 30, 2014, plaintiff and defendant entered into a
Contract of Sale with Right to Repurchase over a parcel of land covered by
Transfer Certificate of Title (TCT) No, 62-721, herein marked as ANNEX
A, for the consideration of Three Hundred Thousand Pesos (Php. 300,
000);
4. That period to repurchase is three (3) months from the execution of
the instrument;
5. That plaintiff, being the defendants friend, allowed the latter to
occupy the property without charging any rental until the period of
repurchase expires;
6. That when the period of repurchase expired, defendant did not
exercise her right to repurchase;
7. That the plaintiff still allowed the defendant to still occupy the
property because the latter pleaded to the former;
8. That when the time came that the plaintiff, in several occasions,
finally asked the defendant to finally vacate the property, the defendant
would manage to avoid the plaintiff and not take her calls;

9. That after how many months, defendant still continues to ignore the
palintiff;
10. That on October 17, 2014, plaintiff finally decided to send a letter,
marked as ANNEX B, demanding the defendant to vacate the property
within five (5) days from receipt thereof ;
11. That due to defendants refusal to demolish her house and vacate the
property, thereby depriving and prejudicing the plaintiff to the rightful use,
enjoyment and utilization of their property the latter suffered anxiety, worry,
anguish, psychological and emotional stress and the like, which computed to
would total to the amount of not less than Php. 15,000;
12. And that the palintiff was constrained to engage the services of the
counsel whom it obligated to pay as Attorneys Fees the amount of Php.
25,000 and Php. 2,000 per appearance and to incur litigation expenses and
cost of the suit worth Php. 10, 000.

PRAYER
WHEREFORE, the above premises considered, it is repectfully
prayed of this Honorable Court after hearing on the merits, that:
A. Defendant be ordered to demolish, remove and vacate her house
having an area of about 15 SqM. constructed on the said property;
B. Defendant be ordered to pay by way of nominal damages the
amount of Php. 15,000;
C. Defendant be ordered to pay the filing of the plaintiff, and the cost of
this suit worth Php. 10, 000;
D. Defendant be ordered to pay Php. 25, 000 attorneys fees and Php. 2,
00 appearance fee for every hearing.
Complainants further pray for other reliefs just and equitable.
This 6th day of October, 2015 at Iligan City

Atty. Ben Timothy C. Ruelo II

(Counsel for the Complainants)
San Miguel St., Iligan City
Roll No. 97232
IBP No. 121122334/5-19-15
PTR No. 1234776/05.19.15
ISSUED AT ILIGAN CITY
MCLE Compl. No. 0000054
Issued on Nov. 10, 2015

Republic of the Philippines)

City of Iligan..)Sc.
VERIFICATION AND CERTIFICATION NON-FORUM
SHOPPING
I, MASHA ROSTOVA, of legal age, single, Filipino and a
resident of Bonbat Residence Hall, White Plains Extension, Brgy.
San Miguel, Iligan City, after having been sworn to in accordance
with law, do hereby depose and say, THAT:
1. I am the complainant of the above-entitled Complaint;
2. I have caused the preparation of the foregoing Pleading;
3. I hereby certify to the truth of the following facts, that:
a. I have not commenced any other action or proceeding of
similar nature of the foregoing Petition involving the same
issue in the supreme court, the Court of Appeals, or any
tribunal or agency; and
b. To the best of my knowledge, no such action or proceeding
of such nature as above mentioned is pending in the
Supreme Court, the Court of Appeals, or any other tribunal
or agency;
c. If I should thereafter learn that a similar action or
proceeding has been filed or is pending before the
Supreme Court, the Court of Appeals, or any other tribunal
or agency, I will undertake to report the fact within five (5)
days from discovery to the court or agency where the
original pleading is filed;
The contents thereof are true and correct of my own
personal knowledge and belief.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 6th
day of October, 2015 ,at Iligan City.
MASHA ROSTOVA
Affiant

SUBSCRIBED AND SWORN TO before me this 6th day of October,

2015, at Iligan City, affiant exhibited to her respected valid I.D. numbers to
wit:
MASHA ROSTOVA, Prof. Drivers Licence MO3-77-0018536 06.14.10

Atty. Ben Timothy C. Ruelo II

(Notary Public)
Until December 31, 2015
San Miguel St., Iligan City
Roll No. 97232
IBP No. 121122334/5-19-15
PTR No. 1234776/05.19.15
ISSUED AT ILIGAN CITY
MCLE Compl. No. 0000054
Issued on October 26, 2014