Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

12th Judicial Region
Branch 06, Rm. 203, 2nd Floor
Samontan Bldg., Tubod Highway
Tubod, Iligan City

MASHA ROSTOVA
Plaintiff,
CIVIL CASE No. 15-24
- versus JEMMA SIMMONS
Defendant.
x---------------------------x

FOR: UNLAWFUL DETAINER

AND DAMAGES

COMPLAINT
COMES NOW, the plaintiff together with the undersigned counsel to
this most honorable court, MOST RESPECTFULLY STATES THAT:
1. The plaintiff is of legal age, married and a resident of
Mahayahay, Iligan City. The defendant is likewise of legal age,
married and temporary residing at Tubod, Iligan City where he
may be also be served with the processes of the Honorable
Court.
2. That plaintiff entered into a Deed of Sale with Right to
Repurchase with the defendant on April 30, 2014 over a parcel
of land covered by Transfer Certificate of Title (TCT) No. 62721 (AF) of the Registry of Deeds of Iligan City, a copy of the
certificate of title is hereto attached as Annex "A" hereof;
3. That, further, the plaintiff is the buyer of the parcel land
containing an area of Seven Thousand Hundred Twelve
(7,112) SQUARE METERS, in Bara-as, Iligan City for the
consideration of Three Hundred Thousand Pesos (Php
300,000.00);
4. That the period of repurchase is three (3 months) from the
execution of the instrument;
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5. That because the plaintiff and defendant were friends, the

former allow the latter to occupy the property without charging
any rental;
6. That when the period for repurchase expired, the defendant did
not exercise her right to repurchase;
7. That plaintiff demanded on the defendant to vacate the
premises but the defendant failed and refused to vacate and
accede to plaintiff's demand. On October 17, 2014, the plaintiff
sent a written demand to vacate within five (5) days from
receipt and which was delivered through the JRS Express
Services and received by the defendant, a copy of the demand
letter dated October 17, 2014 and Official Receipt No., 34235 of
the JRS are hereto attached as Annexes "B" and "C" hereof;
8. That due to the defendant's unjustified failure and refusal to
vacate the premises, plaintiff was constrained to hire the
services of counsel at the agreed attorney's fees of FIFTEEN
THOUSAND (P15,000) PESOS and plaintiff has incurred
litigation expenses in the amount of FIVE THOUSAND (P5,000)
PESOS;
PRAYER
WHEREFORE, above premises considered, it is respectfully
prayed of the Honorable Court that after due notice and hearing,
judgment be rendered as follows:
1. Ordering the defendant, their agents, representatives and any
person claiming any right under them to vacate the premises
and turn over the possession thereof to plaintiff;
2. Ordering the defendant to pay to plaintiff the amount of
FIFTEEN THOUSAND (P15,000.00) PESOS as attorney's fees
and FIVE THOUSAND (P5,000.00) PESOS as litigation
expenses;
3. Ordering the defendant to pay the cost of suit.

Plaintiff further prays for such other reliefs and remedies as

may be deemed just and equitable in the premises.
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Iligan City, Philippines, January 5, 2015.

RAINIDAH M. ISMAEL
Counsel for the Plaintiff
Suite 308, Abalos Building
Aguinaldo St., Iligan City
PTR No. 12345 1l9l15;Iligan City
IBP OR No. 999878 12l18l15
Roll No. 45435
MCLE Compliance #V-98374
October 5, 2015

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

I, MASHA ROSTOVA of legal age, after having been duly

sworn in accordance with law, depose and state that: I am a plaintiff
in the above-stated case; I caused the preparation of the foregoing
complaint; I have read the contents thereof and the facts stated
therein are true and correct of my personal knowledge and/or on the
basis of copies of documents and records in my possession; I have
not commenced any other action or proceeding involving the same
issues in the Supreme Court, the Court of Appeals, or any other
tribunal or agency; to the best of my knowledge and belief, no such
action or proceeding is pending in the Supreme Court, the Court of
Appeals, or any other tribunal or agency; 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 undertake to report that fact within five (5) days there from
to this Honorable Court.
IN WITNESS WHEREOF, I have signed this instrument on
January 5, 2015.

MASHA ROSTOVA
SUBSCRIBED AND SWORN to before me this 5th day of
January 2015 in Iligan City, Philippines.
Doc No. 123
Page No. 345
Book No. 4
Series of 2015
RAINIDAH M. ISMAEL
Notary Public
Until December 1, 2015
Iligan City
PTR No. 12345 1l9l15; Iligan City
IBP OR No. 999878 12l18l15
Roll No. 45435
MCLE Compliance #V-98374
October 5, 2015