(Complaint for Ejectment / Unlawful Detainer with Prayer for the Issuance of a

Writ of Preliminary Mandatory Injunction)

(CAPTION)

C O M P LA I N T

COMES NOW the Plaintiff, by undersigned counsel, and unto this Honorable

Court, most respectfully alleges that:

1. Plaintiff is of legal age, Filipino, (single / married / widow), and a resident of

_____________, Philippines. For purposes of this action, Plaintiff may be

served with copies of our notices and orders of the Honorable Court at the

office address of the undersigned counsel indicated below;

2. Defendant is also of legal age, Filipino, and for purposes of this action, he

may be served with summons and other processes of this Honorable Court at

his residence and post-office address at _____________, Philippines;

3. Plaintiff is the true and registered owner of a certain parcel of land situated in

_____________, Philippines, consisting of approximately _____________

(_____) square meters, and identified as Lot ________ and covered by

Transfer Certificate of Title No. _____________ of the Registry of Deeds of

_____________; Machine copy of said Transfer Certificate of Title No.

_____________ is attached hereto as ANNEX "B";

4. That sometime in _____________, Defendant and his family began to be in

possession of the said property, not by virtue of any title or contract, but

merely upon the Plaintiff's tolerance, as he had no immediate need of the said

property at that time;

5. That on _____________, Plaintiff demanded that Defendant vacate and return

the possession of the said parcel of land to the herein Plaintiff, but despite

numerous demands for him and his family to vacate, Defendant has remained

in illegal possession of the said land and, up to the present, still retain such

possession. Machine copy of the said demand letter is attached hereto as

ANNEX "C";

6. While possession by tolerance is lawful, such possession becomes illegal upon

demand to vacate is made by the owner and the possessor by tolerance refuses

to comply with such demand (Prieto vs. Reyes, 14 SCRA 432; Yu vs. De Lara,

6 SCRA 786, 788; Isidro vs. Court of Appeals, G.R. No. 105586, December

15, 1993);

7. A person who occupies the land of another at the latter's tolerance or

permission, without any contract between them, is necessarily bound by an

implied promise that he will vacate upon demand (Yu vs. De Lara, supra, cited

in Sumulong vs. Court of Appeals, G.R. No. 108817, May 10, 1994);

8. That the reasonable rental value of the said land is

__________________________ (P___________) per month;

9. That due to the unjust refusal of the Defendant to vacate and to return the said

land to the Plaintiff, the latter was constrained to endorse the said matter to its

legal counsel for the filing of an appropriate action in court for a fee of

P_____________ and the amount of P__________ per court hearing;

10. That this action is being filed within a period of one (1) year from the demand

on Defendant to vacate the said property.

 11.
ALLEGATIONS IN SUPPORT OF THE PRAYER FOR ISSUANCE
OF A WRIT OF PRELIMINARY MANDATORY INJUNCTION

12. Plaintiff repleads by reference all of the foregoing allegations as may be

material and relevant under this heading;

13. Defendant's continued illegal occupation of the said parcel of land and refusal

to vacate the same and to peacefully surrender possession thereof to herein

Plaintiff is working grave injustice and causing damage to the latter;

14. Plaintiff is entitled to the reliefs demanded, and the whole or part of such

relief consists in the immediate delivery and surrender by the defendants of

possession of the land to the Plaintiff;

15. In the event that a writ of preliminary mandatory injunction is granted to

Plaintiff, she is ready, willing and able to post a bond to answer for all

damages Defendant may sustain by reason of said injunction if the court

should finally decide that Plaintiff is not entitled thereto.

16. PRAY E R

WHEREFORE, it is most respectfully prayed that, after due hearing, judgment

be rendered in favor of the plaintiffs:

a) Ordering the Defendant, his family, successors, assigns and all persons acting

under him, to vacate Lot _____________ that is covered by Transfer

Certificate of Title No. _____________ of the Registry of Deeds for the

Province of _____________ and to peacefully turn over the possession thereof

to the Plaintiff;
 b) Ordering Defendant to pay Plaintiff monthly rental at the rate of

P_____________ per month from the time of the filing of this action to the

time possession is returned to the Plaintiff;

c) Ordering Defendant to pay Attorney's Fees in the amount of P_____________

and P___________ per court hearing and to pay cost of suit;

d) That pending the outcome of the instant case, a writ of preliminary

mandatory injunction be immediately issued ordering the Defendant, his

family, successors, assigns and all persons acting under him, to immediately

vacate the said parcel of land and return possession of the same to the

Plaintiff.

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

Date _____________, Philippines, __Date__.

(COUNSEL)

(VERIFICATION)

(CERTIFICATION OF NON-FORUM SHOPPING

AFFIDAVIT OF MERIT

I, _____________, of legal age, Filipino, (single / married / widow), and a

resident of _____________, Philippines, after being sworn to in accordance with law,
depose and state:

1. That I am the plaintiff in the above-captioned case filed against

_____________ before the Municipal Trial Court of _____________,
Philippines;
 2. That I am the true and registered owner of a certain parcel of land situated in
_____________, identified as Lot ________ and covered by Transfer
Certificate of Title No. _____________ of the Registry of Deeds for the
Province of Negros Occidental;

3. That since _____________, Defendant _____________ and his family began

to be in possession of the said property upon my mere tolerance, as I had no
immediate need of the said property at that time;

4. That sometime in _____________, I demanded from the Defendant that he

and his family vacate and return the possession of the said property, but
despite numerous demands for him to vacate, the Defendant has remained in
illegal possession of the said land and, up to the present, still retain such
possession;

5. That the reasonable rental value of the said land is

__________________________ (P___________) per month;

6. That Defendant's continued illegal occupation of the property and refusal to

vacate the same and to peacefully surrender possession thereof is working
grave injustice and causing damage to the undersigned;

7. That I am entitled to the reliefs demanded in my complaint, and the whole or

part of such relief consists in the immediate delivery and surrender by the
Defendant of possession of the land to the undersigned;

8. That in the event that I am granted a writ of preliminary mandatory injunction,

I am ready, willing and able to post a bond to answer for all damages that the
Defendant may sustain by reason of said injunction if the court should finally
decide that I am not entitled thereto.

IN WITNESS WHEREOF, I have hereunto set my hand this _____________ in

the _____________, Philippines.

AFFIANT

(JURAT)