REPUBLIC OF THE PHILIPPINES

12TH JUDICIAL REGION

MUNICIPAL TRIAL COURT
BRANCH ____
Cotabato City

HEIRS OF SUDAIS BINLADEN,

Plaintiffs,
CIVIL CASE NO. 0011220
For: Unlawful Detainer

SPOUSES BRUNO AND MARS MOON,

Defendants.
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COMPLAINT
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PLAINTIFFS by counsel, unto this Honorable Court, respectfully state:

1. Plaintiffs are all of age, Filipino citizens, with postal address at D15B
Don Gonzalo Javier, Rosary Heights 7, Cotabato City, Maguindanao where they may be
served with the processes of this Honorable Court.

2. Defendants are likewise of age, with postal address at 24 M. Notre

Dame Village, Cotabato City, Maguindanao, where they may be served summons and
other processes of this Honorable Court.

3. Plaintiffs, namely Makmod BinLaden, Mahamod BinLaden, Rajid

BinLaden, and Ridzkhan BinLaden are brothers, being the heirs of Sudais BinLaden and
herein represented by Makmod BinLaden.

4. Upon the death of Sudais BinLaden, Plaintiffs inherited a house and lot
valued at P18,000,000.00.

5. Sometime in January 2015, defendant spouses approached Michael and

expressed interest to buy the house and lot.

6. Sometime in January 2016, the parties agreed and executed a Deed of

Absolute Sale whereby the said house and lot was sold by plaintiffs to defendants for
P2,500,000.00. Pursuant to the Deed of Absolute Sale, defendants were allowed to
take over possession of the premises but the title to the property shall transfer only
upon full payment; Defendants however failed to pay the agreed purchase price in
full, leaving a balance of P338,000.00.

7. On August 2, 2017, a demand letter demanding payment of the unpaid

balance was sent to the defendants. Defendant however failed to pay the same.

8. On April 18, 2018, a final demand letter was sent to defendants

demanding payment of the balance of the purchase price and to vacate the premises.
Likewise, the Deed of Absolute Sale was cancelled by plaintiffs for failure of
defendants to pay the balance. A demand for payment of monthly rentals were also
made.
 9. Despite these demands made by the plaintiffs, defendants failed to
vacate and refuses to vacate the premises and pay the balance and the monthly
rentals.

10. Defendants' possession was therefore illegal due to cancellation of the

Deed of Absolute Sale and for refusing to vacate the premises despite notice .

11. On December 12, 2018 plaintiffs filed a complaint with the barangay for
conciliation purposes. However, no settlement was reached and a certificate to file
action was issued by the barangay.

12. By virtue of defendant’s violation of their contractual obligations, and

unreasonable defiance of plantiff’s just and lawful demands amounting to no less than
gross and evident bad faith , plaintiffs suffered sleepless nights and mental anguish.
Defendants should therefore be made to pay moral damages.

13. Due to unjustifiable refusal to comply with the just demands of

plaintiffs, the latter was compelled to litigate and engage the services of counsel for a
fee.

RELIEF

FOREGOING PREMISES taken into consideration, it is most respectfully prayed

of this Honorable Court after due hearing that judgment be rendered:

1. Ordering defendants Bruno and Mars Moon, his heirs and

assigns and any and all persons claiming rights under them to vacate
and surrender without delay the subject premises to plaintiffs.

2. To pay the sum of FIFTY THOUSAND PESOS (PhP

50,000.00)as and by way of moral damages.

3. To pay the sum of SIX THOUSAND SIX HUNDRED PESOS

(PhP 6,600.00) as reasonable compensation for the use, enjoyment and
occupation of the premises without any right whatsoever, from the date
of the filing of this Complaint and until defendants vacate the same.

4. To pay the sum of THIRTY THOUSAND PESOS (PhP

30,000.00) as and by way of attorney’s fees plus TWO THOUSAND PESOS
(PhP 2,000.00) as and by way of appearance fees and costs of litigation.

Plaintiffs prays for such other reliefs just and equitable under the premises.

Cotabato City, Maguindanao, 19 August 2019.

MENNALDZ A. AMILHASAN
Counsel for the Petitioner
Door 2, Alnor Building
Cotabato City
IBP Roll No. 12345/1-3-2019
PTR No. 34567/1-3-2019-01/01/13-Cotabato City
IBP OR No. 123456 - 01/01/13- Cotabato City

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 VERIFICATION/CERTIFICATION

I, MAKMOD BINLADEN, after having duly sworn to law, depose and say that:

1. I am one of the plaintiffs and the duly authorized representative of the

other plaintiffs in the above-entitled case and I have caused the preparation of the
foregoing Complaint the allegations of which, to the best of my personal knowledge
and belief are true and correct and/or based on authentic records;

2. I have not commenced any other, action or proceeding involving the

same issues in the Supreme Court, Court of Appeals, or any other tribunal or agency
nor have I knowledge of the same;

3. I undertake to inform this Honorable Court within five (5) days upon
knowledge of a similar action or petition which is either pending or may have been
terminated.

MAKMOD BINLADEN
Affiant

SUBSCRIBED AND SWORN TO before me this _____ day of _________________,

2019 in __________________. affiant exhibiting to me her Passport No.
________________ issued at ________________ on ____________________ and
expiring on __________________.

Doc. No..........;
Page No..........;
Book No..........;
Series of 2019

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