Republic of the Philippines

Municipal Trial Court

Branch 1
Iligan City

MARIA MAKILING
Plaintiff,

Civil Case no; 1626

For: Unlawful Detainer

- versusJOSEFA SANTOS
Defendant,
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COMPLAINT
PLAINTIFF, by counsel, respectfully states that;
1. The plaintiff is of legal age, widow, and a resident of Palao, Iligan
City; Defendant is of legal age, married, and a resident of Luinab, Bahayan,
Ilgan City, where she may be served with summons and other pertinent
processes.
2. On April 30, 2016, the plaintiff and defendant , as a vendee a retro and
vendor a retro respectively, entered into a DEED of SALE, with Right to
Repurchase over the property covered by Transfer Certificate of Title (TCT)
No. 12345 for the consideration of Two Hundred Ninety Three Thousand Seven
Hundred Pesos (PHP 293,700.00) Plus 114 Sacks of 50 kilos (Per sack) of
Young Master Rice (Exhibit A) which was handed by Makiling to Santos.
3. The property mentioned above is registered in the name of Gabriela
Matapang from whom the defendant obtained her right and interest over the
property by virtue of a Deed of Sale, and the property is still under the name of
Matapang (Exhibit B)
4. The contract signed by the parties provides that the period to
repurchase is three (3) months from the execution of the instrument (Exhibit
C).

5. The plaintiff allowed the defendant by tolerance to occupy the subject

property on account of the right of repurchase agreed upon in the sale.
6. When the period to repurchase expired, the defendant failed to exercise
her right to repurchase and even after the expiration, Makiling has continuously
tolerated the possession of defendant still out of tolerance and consideration.
7. On October 17, 2016, the plaintiff sends a written demand to defendant
to vacate the premise within five (5) days from receipt of the letter (Exhibit
D) and despite the numerous written and oral demands made by the plaintiff,
defendant wilfully refused and continuously ignores the former.
8. The plaintiff several times contacted the defendant but the latter
consistently managed to avoid the plaintiff and ignores his calls.
9. Sometime in November 2016, the plaintiff personally asks the
defendant to vacate the property. The latter even promised to see Maikiling at
the latters residence, but Santos did not show therein.
10. As a result of the unwarranted and unjustifiable refusal of the
defendant to vacate the property, plaintiff suffered sleepless nights and serious
anxiety; consequently, plaintiff constrained to engage the service of counsel and
obliged to pay Attorneys Fees
WHEREFORE, plaintiff respectfully prays for judgment in its favour by
ordering defendant to vacate the property and peacefully turn over possession to
plaintiff and for the defendant to pay the plaintiff the amount of Eighty
Thousand pesos (Php 80,000.00) for Moral damages and Fifty Thousand Pesos
(Php 50,000.00) for attorneys fee.
Other just and equitable reliefs are also prayed for.
Iligan City, November 23, 2016
Atty. Hafsah M. Dimaronsing
Counsel for the Plaintiff
PTR no. 816262
IBP no. 765432
Roll no. 35362
Luinab, Iligan City