1. The Pag-Ibig Fund filed a complaint for ejectment against Evelyn Canada Tan for unlawful detainer of a property located in Binan City, Laguna.
2. Tan executed a Contract to Sell with a realty corporation for the property but failed to pay monthly amortizations, resulting in a Notice of Cancellation.
3. The property was then acquired by Pag-Ibig and sold conditionally to plaintiff Ernesto Betco, who now seeks to eject Tan from the property. Betco requests unpaid rent from Tan as well as attorney's fees.
1. The Pag-Ibig Fund filed a complaint for ejectment against Evelyn Canada Tan for unlawful detainer of a property located in Binan City, Laguna.
2. Tan executed a Contract to Sell with a realty corporation for the property but failed to pay monthly amortizations, resulting in a Notice of Cancellation.
3. The property was then acquired by Pag-Ibig and sold conditionally to plaintiff Ernesto Betco, who now seeks to eject Tan from the property. Betco requests unpaid rent from Tan as well as attorney's fees.
1. The Pag-Ibig Fund filed a complaint for ejectment against Evelyn Canada Tan for unlawful detainer of a property located in Binan City, Laguna.
2. Tan executed a Contract to Sell with a realty corporation for the property but failed to pay monthly amortizations, resulting in a Notice of Cancellation.
3. The property was then acquired by Pag-Ibig and sold conditionally to plaintiff Ernesto Betco, who now seeks to eject Tan from the property. Betco requests unpaid rent from Tan as well as attorney's fees.
1. The Pag-Ibig Fund filed a complaint for ejectment against Evelyn Canada Tan for unlawful detainer of a property located in Binan City, Laguna.
2. Tan executed a Contract to Sell with a realty corporation for the property but failed to pay monthly amortizations, resulting in a Notice of Cancellation.
3. The property was then acquired by Pag-Ibig and sold conditionally to plaintiff Ernesto Betco, who now seeks to eject Tan from the property. Betco requests unpaid rent from Tan as well as attorney's fees.
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Republic of the Philippines
Fourth Judicial Region
MUNICIPAL TRIAL COURT IN CITIES BINAN CITY, LAGUNA
PAG-IBIG FUND represented CIVIL. CASE NO. ___________
by ATTY. RACHELLE G. PATAM-KI and ERNESTO A BETCO III, Plaintiffs, -for- -versus-
EVELYN CANADA TAN and EJECTMENT (Unlawful Detainer)
all persons claiming for and in their behalf, Defendant/s. x---------------------------------------x
COMPLAINT
PLAINTIFF, through counsel and unto this Honorable Court, most
respectfully aver that:
1. The PLAINTIFF HOME DEVELOPMENT MUTUAL FUND,
otherwise known as PAG-IBIG Fund is a government financial institution organized and existing under and by virtue of Republic Act (R.A) 9679. For purposes, of this instant complaint, notices, orders, judgment, writs and other court processes may be served at:
HOME DEVELOPMENT MUTUAL FUND
ACQUIRED ASSET MANAGEMENT FUND
7th Floor JELP Business Solutions Building, 409
Shaw Blvd., Mandaluyong City
2. Plaintiff Pag-Ibig Fund, is represented herein by ATTY. RACHELLE
G. PATAM-KI legal age, Filipino, in her capacity as Attorney IV, Acquired Assets Management Group of the Pag-IBIG fund by virtue of the Resolution 2754, Series of 2010 as contained in the Secretary’s Certificate of Atty. Emilio C. Pangilinan, Corporate Board Secretary of the Home Development Mutual Fund, copy of her Certificate of Employment, Pag-Ibig ID and the Secretary’s Certificate are attached as Annex “A”, “A-1” and “A-2”; Page 2 of 7
3. Plaintiff ERNESTO A. BETCO III is of legal age, Filipino, with
residence and postal address at Blk 85, Lot 4, Brgy. Ipil II, Silang, Cavite. Plaintiff may be served with notices, orders and other legal processes to their respective addresses and/or through the undersigned counsel at the address herein indicated. Attached herein is the Authorization Letter from ATTY. RACHELLE G. PATAM-KI of Pag-Ibig Fund dated November 24, 2022 as Annex “B”; 4. Defendant EVELYN CANADA TAN is of legal age, Filipino, with residence and postal address at Lot 19, Blk 4, Olivarez Homes South, Phase 1B, Brgy. Sto. Tomas, Binan City, Laguna, where she may be served summons and other court processes; 5. On September 30, 2013, Defendant Evelyn C. Tan executed a Contract To Sell with OLIVAREZ REALTY CORPORATION involving property located at Lot 19, Blk 4, Olivarez Homes South Phase 1B, Brgy. Sto. Tomas, Binan City, Laguna. Defendant Evelyn Canada Tan is in possession of the subject property covered by TCT No. 060-2011019221. Attached herein are the copy of TCT No. 060- 2011019221 and Contract To Sell as Annex “C” and “D”; 6. On December 31, 2013, a Deed of Assignment of Contract to Sell with Special Power of Attorney (With Buyer’s Conformity) were made between Olivarez Realty Corporation and Pag-Ibig Fund with conformity of Defendant Evelyn C Tan involving a property located at Lot 19, Blk 4, Olivarez Homes South Phase 1B, Brgy. Sto. Tomas, Binan City, Laguna. Attached herein is the Deed of Assignment of Contract to Sell with Special Power of Attorney as Annex “E”; 7. Defendant failed to pay the monthly amortization with Plaintiff Pag- Ibig therefore as a result a Notarized Notice of Cancellation dated June 16, 2017 was served to Defendant Evelyn Canada Tan. Such Notice was personally received by Defendant Tan as indicated by her signature. A copy of Notice of Cancellation dated June 16, 2017 is attached herein as Annex “F”; 8. The property was then classified as acquired asset of PAG-IBIG fund and the same was offered for sale to the public; 9. Plaintiff Betco acquired the subject property by virtue of a Deed of Conditional Sale. Being the buyer thereof Plaintiff Betco was subrogated to the rights of PAG-IBIG Fund. A Notice of Approval of Sale dated November 4, 2022 was given to Betco by Pag-Ibig Fund. Page 3 of 7
However, he was unable to move in because the unit is still being
occupied by defendant Tan. Attached herein is the Notice of Approval of Sale dated November 4, 2022 as Annex “G”; 10.On November 15, 2022, a Deed of Conditional Sale was executed by Olivarez Realty Corporation and Pag-Ibig Fund towards Plaintiff Betco involving the subject property located at Lot 19, Blk 4, Olivarez Homes South Phase 1B, Brgy. Sto. Tomas, Binan City, Laguna. Attached herein is the Deed of Conditional Sale as Annex “H”; 11.Since 2017, PAG-IBIG FUND tolerated the continued occupation of the defendants by allowing them to possess, occupy and enjoy the subject property even without receiving any payment for its use; 12.On November 24, 2022, an authority letter coming from Pag-Ibig was given to Plaintiff Betco to have the right to manage/ administer the property subject of the Deed of Conditional Sale. Attached herein is the Authority Letter as Annex “I”; 13.Plaintiff Betco tried to convince Defendant Tan to settle the issue amicably and not to raise the issue towards judicial courts but defendant ignored his plea; 14.On December 13, 2022, Plaintiff Betco through Atty. Rolan Jeff A. Lancion sent a Final Demand to Vacate and Pay towards Defendant Tan. Such Demand to Vacate and Pay was received by Ali Mubarick, common law spouse of Defendant Tan. Attached herein is the Final Demand to Vacate and Pay dated December 13, 2022 as Annex “J” and LBC Track and Trace as Annex “K”; 15.Despite repeated demands, defendant still refused to vacate the unit as and as of this date is still possession of the same thus depriving PLAINTIFF Betco of its use and enjoyment and hence, they should be ejected therefrom; 16.Defendant should be made liable to pay a monthly rental of Eight Thousand Five Hundred Twenty-Eight Pesos and 77/100 (Php 8,528.77) beginning November 15, 2022; 17. In order to protect his rights and interests and resulting as well as from tenacious refusal of Defendant Tan to vacate the subject premises, Plaintiff was constrained engage the services of counsel and pursue the instant case. Consequently, Defendant should be made liable for to pay an amount of Forty Thousand Pesos (Php 40,000), as and by way of Attorney’s Fees and costs of this suit. Page 4 of 7
18.To identify the authenticity of the documents attached to the
complaint and all other related matters, facts and circumstances relevant to this case, plaintiffs intend to present ERNESTO A BETCO III and ATTY. RACHELLE G. PATAM-KI who will testify that the former is the successor in interest to possess the subject property, to identify the documents attached to this complaint and other matters relevant to this instant complaint. Herein are their Judicial Affidavits as Annex “L” and “M” respectively; Plaintiff reserves the right to present additional witnesses during the course of the proceedings upon meritorious reasons. Documentary and/or Object Evidence Exhibit Documentary/Object Evidence A to A-2 Certificate of Employment, Pag- Ibig ID and the Secretary’s Certificate B Authorization Letter dated November 24, 2022 C Photocopy of TCT No. 060- 2011019221 D Contract To Sell dated September 30, 2013 E Deed of Assignment of Contract to Sell with Special Power of Attorney F Notice of Cancellation dated June 16, 2017 G Notice of Approval of Sale dated November 4, 2022 H Deed of Conditional Sale dated November 15, 2022 I Authority letter dated November 24, 2022 J Final Demand to Vacate and Pay dated December 13, 2022 K LBC Track and Trace Page 5 of 7
L Judicial Affidavit of ATTY.
RACHELLE G. PATAM-KI L Judicial Affidavit of Ernesto Betco III
Plaintiff reserves the right to present additional evidence during the
course of the proceeding upon meritorious reasons.
The Defendant does not consent to service by electronic means. The
Defendant prefers personal service or through registered mail.
WHEREFORE, premises considered, plaintiff respectfully prays to
the Honorable Court to render judgment as follows:
1. TO PEACEFULLY VACATE AND TO DELIVER the immediate
and full possession of the subject property to the Plaintiff; 2. TO PAY MONTHLY RENTAL of of Eight Thousand Five Hundred Twenty-Eight Pesos and 77/100 (Php 8,528.77) to compensate the continued use and occupation of the premises without lawful authority from November 15, 2022 until the subject property is vacated; 3. TO PAY Plaintiff the amount of Forty Thousand Pesos (Php 40,000) as and by way of attorney’s fees;
Other reliefs and equitable under the premises are likewise prayed for.
Respectfully submitted, 31 January 2023.
Biñan City, Laguna.
MIGUEL ANGELO SATUITO
Counsel for the Plaintiffs Blk. 6, Lot 1, Lagrimas St., Ireneville IV Subdivision, Brgy. San Francisco, Biñan City, Laguna Roll No. 83867 PTR No. 1753770/ 01.04.2023/ San Pedro City, Laguna IBP No. 255147/ 12.28.2022/ Laguna MCLE EXEMPTED (Admitted to the Bar in 2022) VERIFICATION/CERTIFICATION Page 6 of 7
WE, ATTY. RACHELLE G. PATAM-KI and ERNESTO BETCO III of
legal age, Filipino under oath, depose and say:
1. That we are the co-plaintiffs in the above-entitled complaint for
Unlawful Detainer, Damages and Attorney’s Fees; 2. That we, along with Home Development Mutual Fund, also known as Pag-IBIG Fund, duly represented herein by ATTY. RACHELLE G. PATAM-KI, cause the preparation of the foregoing complaint; 3. That we have caused the preparation and the filing of this Complaint, and have read and understood the allegations contained therein, and that the same are true and correct based on my personal knowledge and authentic records; 4. The pleading is not filed to harass, cause unnecessary delay or needlessly increase the cost of litigation; 5. The factual allegation therein have evidentiary support or if specifically so identified will likewise have evidentiary support after a reasonable opportunity of discovery; 6. We further certify that we have not commenced any other action involving the same issues before the Supreme Court, Court of Appeals, or in any Tribunal or Quasi-Judicial bodies, and to the best of my knowledge no such action is pending therein; and if there be any other action or proceeding involving the same or similar action or claim, I shall undertake to inform the Honorable Court within five (5) days from notice thereof.
IN WITNESS WHEREOF, we have hereunto set our hands this _______
day of ___________ 2023 in the City of ________________, Philippines.
IN WITNESS WHEREOF, we have hereunto set our hands this _______
day of ___________ 2023 in the City of ________________, Philippines.
ATTY. RACHELLE G. PATAM-KI
ERNESTO BETCO III
Page 7 of 7
SUBSCRIBED AND SWORN to me before me this ______th day of
______, 2023 the affiant personally appeared and exhibited her _____________ as competent evidence of __________.
Doc No. ________
Page No. _________ Book No. __________ Series of 2023.