REPUBLIC OF THE 

PHILIPPINES
12th Judicial Region
Regional Trial Court
Kidapawan City

SANTI G. TIMBAS,
Plaintiff,

-versus- Civil Case No. 14578

For: Ejectment
PEDRO B. GANI,
Defendant.
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COMPLAINT

Plaintiff, by counsel, unto this Honorable Court respectfully states:

1. Plaintiff SANTI G. TIMBAS, of legal age, Filipino, and with address at House 3.B
Gana Subd., Sudapin Street, Poblacion, KIDAPAWAN City. A copy of the Birth Certificate to
file this complaint and sign the verification/certification is hereto attached and made integral
part hereof as Annex “A”;

2. Defendant PEDRO B. GANI, of legal age, Filipino, and with address at 82

Amores Subd., Sudapin Street, Poblacion, Kidapawan City, where he may be served with
summons and other court processes;

3. PLAINTIFF is the owner of a house and lot with address House 3.B Gana Subd.,
Sudapin Street, Poblacion, Kidapawan City;

4. On February 20, 2016, defendant entered into a Contract of Lease with the
Plaintiff over the above HOUSE for a term of five (5) years at a monthly rental of TEN
THOUSAND PESOS (Php10,000.00) payable to the plaintiff on or before the 20th day of every
month.

A photocopy of the above mentioned Lease Contract is attached as Annex A.

5. Among the other stipulations agreed upon by plaintiff and defendant in their
lease contract are as follows:

a) Plaintiff is entitled to possession of the House upon expiration of lease

contract, as stated in paragraph 10 thereof, to wit:
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“10. RETURN OF PREMISES – Upon termination of this contract

whether by reason of the expiration of the term or any breach per default of
the LESSEE, the LESSEE, shall without delay, return and surrender the leased
premises in as good and tenantable condition as they were at the beginning of
the lease, ordinary wear and tear excepted, devoid of all occupants, xxx xxx”.

b) Plaintiff is entitled to the right to vacate the defendant and payment

of subsisting payments when the defendant failed to surrender
possession of the house to plaintiff, and this is stated in paragraph 11
thereof, to wit:

“11. FAILURE OF PAYMENT – If the LESSEE fails to pay the LESSOR

within thirty (30) days of the last month that LESSEE failed to pay, the LESSOR
shall have the right to vacate the LESSEE upon failure to pay the lease within
30 days after the stated date xxx xxx”.

c) Plaintiff does not waive this right to vacate the defendant when the
period to vacate is not followed.

6. Defendant defaulted in paying his monthly rental on May 20, 2016. Thus, on
June 30, 2016, plaintiff sent a demand letter to defendant to pay TEN THOUSAND PESOS
(Php10,000.00) unpaid rental as of that date. The said demand letter is attached as Annex B.

8. Since June 2016, plaintiff sent seven (7) letters to defendant on each 20 th day
of the month which were left unanswered. The last letter is dated March 15, 2017. Despite
these letters, Defendant was not able to pay the plaintiff since May 20, 2016 until the point
that he incurred unpaid rentals for the past ten (10) months, which in total amounted to
FIFTY THOUSAND PESOS (Php100,000.00) as of March 15, 2017 payable to plaintiff. These
letters are hereto attached and marked as Annexes “C,” “D,” “E,” F,” “G,” “H,” and “I.”

9. The one year period for the filing of an ejectment case is reckoned from the
date of the last demand;

10. Despite the fact that the defendant is not anymore entitled to the occupation
and possession of the subject House by virtue of the expiration of contract, the non-
payment of rentals, and final notice and demand to vacate the same, defendant refused and
continuously fails to restore plaintiff to the possession of the subject property;

11. The continuous possession by the defendant and his refusal to restore
PLAINTIFF to the possession of the House has become illegal and unlawful, and PLAINTIFF is
now entitled to the immediate possession of the same;
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12. As the defendant is adamant in his refusal to vacate the House and to enforce
its rights and interest, Plaintiff was constrained to institute this suit and engage the services
of a counsel for which Plaintiff has to incur attorney’s fees of TWENTY THOUSAND PESOS
(Php 20,000.00);

13. To serve as an example for the public good to the end that a person be
discouraged from the unlawful possession of a property to which he has no more right
whatsoever, PLAINTIFF should be awarded exemplary damages of TWENTY THOUSAND
PESOS (Php20,000.00);

14. Likewise, Plaintiff is entitled to a reasonable rent of ONE HUNDRED

THOUSAND PESOS (Php100,000.00) for the subject House, until defendants and all persons
claiming rights under them physically vacate the House House 3.B Gana Subd., Sudapin
Street, Poblacion, Kidapawan City;

15. Plaintiff is also entitled to the other costs of the suit.

WHEREFORE, premises considered, it is respectfully moved unto this Honorable Court

that after due summary proceedings, judgment be rendered as follows:
1. Defendant and all persons claiming rights under him be ordered to vacate
House the subject House, and restore SANTI G. TIMBAS to the possession thereof;

2. PLAINTIFF be awarded the following to wit:

a) Php100,000.00 as and by way of unpaid rentals

b] Php20,000.00 as and by way of attorney’s fees;
c) Php20,000.00 as and by way of exemplary damages;

3. Costs of suit.

Other reliefs just and equitable under the premises are also prayed for.

KIDAPAWAN City, March 19, 2019.

ATTY. FRANCIS O. SORIANO

NOTARY PUBLIC
Until December 31, 2022
Roll of Attorney’s No. 34521
PTR No. 62527; 1-12-19; Manila
IBP No. 32178; 1-13-19; Manila
MCLE No. 8-20-21
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VERIFICATION/CERTIFICATION

SANTI G. TIMBAS, of legal age, Filipino and residing at Gana Subd., Sudapin, Kidapawan City
after first having duly sworn to in accordance with law depose and say:

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

2. I have caused the preparation of the foregoing complaint;

3. The contents therein are true and correct to the best of my personal
knowledge and based on authentic documents;

4. We hereby certify that we have not commenced any action or proceeding

involving the same issue in any tribunal or agency, to the best of our own
knowledge, no such action or proceeding is pending in any other tribunal or
agency and should We thereafter learn that a similar action or proceeding has
been filed or is pending in Court, we will undertake to report such fact within
five (5) days therefrom to the court wherein this Petition and this certification
have been filed.

IN WITNESS WHEREOF, We have hereunto affixed our signatures this 24th day of
January in Tuguegarao City, Kidapawan Philippines.

SANTI G. TIMBAS
Affiant