REPUBLIC OF THE PHLIPPINES

9TH JUDICIAL REGION

MUNICIPAL TRIAL COURT
BRANCH 2
ZAMBOANGA CITY

ICHIGO B. KUROSAKI
Plaintiff,

Civil Case No. 102004

-versus- For: UNLAWFUL DETAINER
With Preliminary
Mandatory Injunction

SOSUKE V. AIZEN
Defendant.
x----------------------------------------x

COMPLAINT

COMES NOW, the plaintiff, through the undersigned counsel

and unto this Honorable Court, most respectfully avers:

1. That the plaintiff, ICHIGO B. KUROSAKI, is of legal age,

single, Filipino citizen and resident of 34 Karakura Street,
Tetuan, Zamboanga City where he may be served with
summons, pleadings, orders and other court notices;

2. Defendant SOSUKE V. AIZEN, is of legal age, Filipino

citizen, single, with residence address at 1 Las Noches
Road, San Roque, Zamboanga City, and business address
at Stall No. G-1 Hueco Mundo Center, Session Road,
Baguio City, where he may be served with summons, copy
of this complaint, pleadings, orders and other court notices;

3. The plaintiff is the owner of a land over which an

apartment had been constructed located at 501 Reaper
Street, Tetuan, Zamboanga City;

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4. That the plaintiff leased unto the defendant the aforesaid
apartment for a consideration of eight thousand pesos
(P8,000.00) a month rental to be paid within the first
fifteen (15) days of each month starting September 1, 2018
as evidenced by a Contract of Lease hereto attached as
Annex “A”;

5. The defendant failed to pay the agreed rental starting

December 1, 2018 up to the present as evidenced by only
the duplicate copies of the official receipts. The said
duplicates were executed on the same days of payment as
shown in the receipt pad hereto attached as Annex “B”;

6. A demand letter was delivered May 5, 2019 personally the

by plaintiff and received by defendant, defendant failed to
pay. Thus, a Final Demand Letter dated August 5, 2019 to
pay and to vacate, was again personally delivered by
plaintiff and received by defendant. Again, defendant
failed to pay or vacate. The copies of the demand letters
and a receipt on receiving the letters duly signed by
defendant are hereto attached as Annex “C”, “D”, & “E”
respectively.

7. Oral demands have also been repeatedly made. However,

the defendant still failed and refused to pay the agreed
rentals and to vacate the apartment;

8. After demands made, plaintiff was deprived of enjoyment

from the property as the defendant remained in possession
of the subject property;

9. A Complaint was filed for conciliation and mediation before

the Lupon Tagapamayapa of Barangay Tetuan,
Zamboanga City which has jurisdiction over the case, a
copy of which is hereto attached as Annex “F”;

10. That defendant did not attend any of the meetings set
for mediation and conciliation despite due notice thus, a
Certificate to File an Action was issued on October 15,
2019, a copy of which is hereto attached as Annex “G”;

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11. Due to the failure of defendant Aizen to vacate the
premises and pay the unpaid rentals, that plaintiff was
compelled to resort to judicial action and spent the amount
of FIFTEEN THOUSAND pesos (P15,000.00) as attorney’s
fees, and other incidental expenses;

12. That the defendant has an outstanding unpaid rental in

the amount of ONE HUNDRED AND TWELVE
THOUSAND pesos (P112,000.00) corresponding to unpaid
rental fees from December 2018 up to January 2020. In
addition, the amount of EIGHTEEN THOUSAND pesos
(P18,000.00) per month for the use of the premises to be
deposited with the Clerk of Court from January 2020 until
the Final Decision and payment;

13. That this action is being file within one (1) year from the
demand on defendant to vacate said property was made;

ALLEGATIONS IN SUPPORT OF THE PRAYER FOR

ISSUANCE OF A WRIT OF PRELIMINARY
MANDATORY INJUNCTION

14. Plaintiff reasserts based on the foregoing allegations as

may be material and relevant that defendant continues to
have unlawful possession of the said property. That there
is refusal from his end to vacate or surrender possession of
such causing damage and depriving the latter from its
enjoyment;

15. The whole or part of the relief consisting of the

immediate delivery and surrender by the defendant of
possession of the apartment is one the Plaintiff is entitled
to;

16. That plaintiff is willing and ready to file a bond in the

amount which may be fixed by the Court to the effect that
he, the plaintiff, will pay the defendant all the damages
which the latter may sustain by reason of the injunction if
the court should finally decide that the plaintiff was not
entitled thereto.

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 17. That a copy of the Affidavit of Merit in support of the
allegations for the issuance of the Preliminary Mandatory
Injunction is hereto attached as Annex “H”;

PRAYER

WHEREFORE, it is respectfully prayed of this Honorable

Court, after due hearing, to render judgment:

1. Order defendant and all persons claiming rights under him to

vacate the premises;

2. Order the defendant to PAY the outstanding unpaid rental in

the amount of ONE HUNDRED AND TWELVE THOUSAND
pesos (P112,000.00) corresponding to unpaid rental fees from
December 2018 up to January 2020. In addition, the amount
of EIGHTEEN THOUSAND pesos (P18,000.00) per month for
the use of the premises to be deposited with the Clerk of Court
from January 2020 until the Final Decision and payment;

3. Order defendant to pay the amount of FIFTEEN THOUSAD

PESOS (P15,000.00) as attorney’s fees and other incidental
expenses of litigation;

4. 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
persons acting or claiming rights under him, to immediately
vacate the said commercial space and return possession of the
same to the Plaintiff;

5. That a hearing for the Preliminary Mandatory Injunction be

set on the calendar available to the court;

Other reliefs and remedies, just and equitable under the

premises are likewise prayed for.

Respectfully submitted this 27th day of January 2020 in the

City of Zamboanga, Philippines.

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 JD-III LAW FIRM
Counsel for Plaintiff
La Purisima Street
Zamboanga City

By:

MARIA LILIA O. AZCARRAGA

IBP No.: 122217; 7/18/2017; Zamboanga City
PTR No.: 041892; 4/27/2017; Zamboanga City
Roll of Attorneys No.: 72796
MCLE Compliance No.: I-1210020; 09/25/2017
MCLE Compliance No.: II-1210021; 01/1/2020

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