Republic of the Philippines

METROPOLITAN TRIAL COURT

National Capital Judicial Region
Branch __, Manila City

CELIA E. LEUTERIO,
Plaintiff,

-versus- CIVIL CASE NO._______

For: Unlawful Detainer

DANNY VER DE LA CUESTA,

Defendant.
x-----------------------------------------x

COMPLAINT

PLAINTIFF CELIA E. LEUTERIO, represented by the undersigned Law Offices,

unto this Honorable Court, most respectfully avers: That—

THE PARTIES

1. PLAINTIFF CELIA E. LEUTERIO (hereinafter referred to as the

“plaintiff”) is a Filipino, of legal age and with residence address at No. 1289 P. Ocampo

Sr. corner Lemery Streets, Manila City. She may be served with orders, resolutions,

decision and other legal processes of this Honorable Court at the address of the

undersigned Law Offices indicated hereunder;

2. DEFENDANT DANNY VER DE LA CUESTA (hereinafter referred to as

the “defendant”) is a Filipino, of legal age and with residence address at No. 2 C.M.

Recto corner P. Reyes Streets, Inner Circle, Executive Village, Makati City, where he

may be served with summons, orders, resolutions, decision and other legal processes

of this Honorable Court;

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 3. Plaintiff is the absolute and registered owner of a building and lot located

at No. 1289 P. Ocampo Sr. cor. Lemery Streets, Singalong, Manila City, Metro Manila

(hereinafter referred to as the “subject property”).

4. On 29 August 2001, plaintiff and defendant executed a Contract of Lease

whereby the former leased out the subject property to the former. Under the said

contract, the defendant willingly and voluntarily undertook, among others, to pay the

plaintiff the amount of PESOS: THIRTY THOUSAND & 0/100 (PhP30,000.00) as and

by way of monthly rental for the use and enjoyment of the subject property. A copy of

the said contract of lease is attached herewith as Annex “A” to form an integral part

hereof.

5. Thereafter, the defendant occupied the subject property and conducted his

business therein.

6. Much to the dismay of the plaintiff, herein defendant began incurring

rentals in arrears as early as mid-2002. As of February 2003, defendant owed plaintiff in

back rentals the amount of PESOS: ONE HUNDRED NINETY THOUSAND & 0/100

(PhP190,000.00). Despite repeated verbal demands to pay the said amount, defendant

failed to pay to the extreme prejudice on the plaintiff.

7. To extra-judicially enforce her right as owner/lessor of the subject property,

plaintiff brought the matter to the office of Barangay 759, Zone 82, District V of Manila

City for mediation and/or conciliation. Instead of personally participating in the said

proceedings, defendant sent his representative to deal with the plaintiff. As a result, the

tenable demands of the plaintiff were not resolved at the said forum. Consequently, the

said barangay issued to the plaintiff a certification to file action dated 03 June 2003. A

copy of the said certification is attached herewith as Annex “B”.

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 8. On 15 May 2003, plaintiff received from the defendant a Letter dated 16

May 2003 detailing the latter’s proposal on how to pay his overdue obligation then

amounting to PESOS: ONE HUNDRED SEVENTY EIGHT THOUSAND & 0/100

(PhP178,000.00), as per defendant’s computation. A copy of the said letter is attached

herewith as Annex “C” to form an integral part hereof.

9. For being too unfair, plaintiff refused to accept the lop-sided terms of the

said proposal through a Letter dated 03 June 2003, which was sent to the defendant on

the same date. In the said letter, plaintiff also reminded the defendant that to pay his

staggering debt amounting to PESOS: TWO HUNDRED FORTY THREE THOUSAND

& 0/100 (PhP243,000.00). A copy of the said letter is attached herewith as Annex “D”

to form an integral part hereof.

10. This constrained the plaintiff to refer the matter to her counsel to

undertake the necessary action so that her rights and interests in the subject property

maybe protected and vindicated. On 19 June 2003, the undersigned Law Offices sent,

via registered mail, a Letter dated 16 June 2003 to the defendant demanding the latter

either to pay PESOS: TWO HUNDRED FORTY THREE THOUSAND & 0/100

(PhP243,000.00) or to vacate the subject premises within ten (10) days from receipt

of the said letter. A copy of the said letter is attached herewith as Annex “E” to form an

integral part hereof.

11. On 25 June 2003, the undersigned Law Offices sent by personal service a

Letter dated 18 June 2003 reiterating to the defendant to comply with the above-

mentioned demands of the plaintiff. A copy of the said letter is attached herewith as

Annex “F” to form an integral part hereof.

12. When the rental payment for the month of July 2003 fell due, plaintiff

immediately sent yet another Letter dated 03 July 2003 to the defendant asking for the

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immediate satisfaction of his overdue account in the aggregate amount of PESOS:

TWO HUNDRED SEVENTY THREE THOUSAND & 0/100 (PhP273,000.00).

13. Instead of paying the whole amount, defendant fell short of plaintiff’s

expectation when the former made cash payment of only PESOS: FIFTY THOUSAND

& 0/100 (PhP50,000.00) and issued a post dated check of PhP100,000.00. This

constrained the undersigned Law Offices to sent another demand Letter dated 11 July

2003 for the defendant either to pay his rental arrears or to vacate the subject

premises within ten (10) days from receipt of the said letter. A copy of the said letter is

attached herewith as Annex “G” to form an integral part hereof.

14. Instead of paying the full amount of his indebtedness to the plaintiff,

defendant sent, sometime in August 2003, the plaintiff four (4) postdated checks, with

face value of PhP30,000.00 each.

15. However, defendant failed to pay his monthly rental after receiving the first

demand letter dated 18 June 2003 that the undersigned Law Offices sent on behalf of

plaintiff. As a result, the aforesaid post-dated checks would only serve as payments for

defendant’s current rentals, thereby leaving his previous obligations unsettled.

16. Left with no other choice, plaintiff, through the undersigned Law Offices

sent, for the last time, a demand Letter dated 26 August 2003 reiterating the demand for

the defendant to pay the amount of PESOS: ONE HUNDRED FIFTY THREE

THOUSAND & 0/100 (PhP153,000.00) and to vacate the subject premises within ten

(10) days from receipt thereof. In addition, plaintiff returned the said four (4) postdated

checks on 28 August 2003. Copies of the said letter and the proof of receipt of the said

checks are attached herewith as Annex “H”, “I” and “I-1” to form integral parts hereof.

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 17. Before the expiration of the said contract of lease, plaintiff, through the

undersigned Law Offices, sent by personal service, yet another demand Letter dated 13

January 2004 but the demand to pay stated therein fell on deaf ears. A copy of said

letter is attached herewith as Annex “J” to form an integral part hereof.

18. After the expiration of the said contract of lease on 29 February 2004,

plaintiff, through the undersigned Law Offices, sent by personal service her final

demand Letter dated 31 March 2004 demanding from the defendant to pay the amount

of PESOS: ONE HUNDRED SEVENTY THREE THOUSAND &0/100 (PhP173,000.00)

and to vacate the subject property within fifteen days from receipt thereof. A copy of

said letter is attached herewith as Annex “K” to form an integral part hereof.

19. But defendant miserably failed to comply with any of the above-stated

demands of the plaintiff. Defendant refuses to surrender to plaintiff the possession of the

subject property despite demands and his rentals in arrears, as of May 2004, is a

staggering PESOS: TWO HUNDRED THIRTY THREE THOUSAND 0/100

(PhP233,000.00).

20. In view of the manifest failure on the part of the respondent to comply with

his obligations under the said contract, plaintiff suffered actual damages in the amount

of PESOS: TWO HUNDRED THIRTY THREE THOUSAND 0/100 (PhP233,000.00), as

of May 2004 and will continue to suffer more at the rate of PESOS: THIRTY

THOUSAND & 0/100 (PhP30,000.00) a month.

21. Due to the defendant’s adamant refusal to make pay his contractual and

legal obligations and to surrender possession of the subject property, plaintiff was

subjected to unnecessary apprehension, anxieties and sleepless nights. Therefore, it is

but just and proper that plaintiff be vindicated and correspondingly compensated by

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ordering respondent to pay her moral damages in the amount of PESOS: FIFTY

THOUSAND AND 0/100 (PhP50,000.00).

22. To serve as an example for public good and to deter persons similarly

inclined as the defendant from violating the rights of the plaintiff, the latter prays that the

former be condemned to pay exemplary damages in the amount of PESOS: FIFTY

HUNDRED THOUSAND AND 0/100 (PhP50,000.00).

23. In order to vindicate and protects her rights, plaintiff was forced to engage

the services of the undersigned Law Offices and undertook to pay TWENTY FIVE

PERCENT (25%) of the unpaid rentals plus PESOS: THREE THOUSAND AND 0/100

(PhP3,000.00) for every appearance in court.

24. In addition to the foregoing, plaintiff will continue to incur litigation

expenses, the total amount of which will be made known later to this Honorable Court.

PRAYER

WHEREFORE, above premises considered, it is most respectfully prayed of this

Honorable Court that a Decision be promulgated ORDERING the defendant to:

1. VACATE the subject property and SURRENDER its possession to the

plaintiff;

2. PAY PhP233,000.00, plus interest, as actual damages;

3. PAY all subsequent rentals until defendant vacates the subject

premises;

4. PAY PhP50,000.00 as moral damages;

5. PAY PhP50,000.00 as exemplary damages;

6. PAY TWENTY FIVE PERCENT (25%) of the unpaid rentals as attorney's

fees plus the total amount of appearance fees incurred; and

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 7. PAY cost of the suit.

OTHER RELIEFS, just and equitable under the foregoing premises, are likewise

most respectfully prayed for.

RESPECTFULLY SUBMITTED. Quezon City for the City of Manila, 18 May

2004.

SOLIVEN CASTILLO & ESCOBEDO

Law Offices

Unit 404 Tower A, The Regalia Park Towers

150 P. Tuazon Blvd., Araneta Center
Cubao, Quezon City

ALEXIS M. ESCOBEDO
Roll of Attorney No. 46807
PTR No.: 50460816: 13.01.04: Q.C.
IBP No.: 007082: 13.01.04: Sorsogon

VERIFICATION

AND CERTIFICATION OF NON-FORUM SHOPPING

I, CELIA E. LEUTERIO, of legal age, single, Filipino and with postal address at
No. 1289 P. Ocampo Sr. corner Lemery Streets, Manila City, after being duly sworn to in
accordance with law, do hereby depose and state: That---

1. I am the plaintiff in the above-entitled case;

2. I have caused the preparation and filing of the instant Complaint and
the facts of which are true and correct of my own knowledge and on
the basis of the records at hand;

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 3. 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;

4. To the best of my knowledge, no such action or proceeding is pending

in the Supreme Court, the Court of Appeals, or different Divisions
thereof, or any other tribunal or agency; and

5. 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 different Divisions thereof, or any other tribunal, agency, I
undertake to promptly inform this Honorable Court, the other courts
and such other tribunal or agency of the fact within five (5) days
therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of May 2004
in Pasig City, Metro Manila.

CELIA E. LEUTERIO

SUBSCRIBED AND SWORN to before me this ___ day of May 2004 in Pasig
City, affiant exhibiting to me her CTC No. 0315175201 issued on 15 January 2004 at
Makati City.

Doc. No. ;
Page No. ;
Book No. ;
Series of 2004.