Complaint - Betco

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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”;
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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.
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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.
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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
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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
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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


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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.

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