Republic of the Philippines

REGIONAL TRIAL COURT

9th Judicial Region
Branch 12, Zamboanga City

James Reid,
Plaintiff,
Civil Case No. 676
- versus -
Complaint for Ejectment
Kim Chui, Liza Seguera, Brad Pit
Defendant,
x-----------------x

Complaint for Ejectment

COMPLAINT

COMES NOW the Plaintiff, by undersigned counsel, and unto this Honorable
Court, most respectfully alleges that:

1. Plaintiff is of legal age, Filipino, single and a resident of Baliwasan,

Zamboanga City, 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. Defendants are also of legal age, Filipinos, and for purposes of this action,
he may be served with summons and other processes of this Honorable Court
at their residence and post-office address at Zone 1 Ayala, Zamboanga City,
Philippines;
3. Plaintiff is the true and registered owner of a certain parcel of land situated in
Zone 1 Ayala, Zamboanga City, Philippines, consisting of approximately 1
(One) Hectare, and identified as Lot 2084-C-5 and covered by Transfer
Certificate of Title No. 112,221 of the Registry of Deeds of Zamboanga City.
Machine copy of said Transfer Certificate of Title No.112,211 is attached
hereto as ANNEX "A";
4. That Plaintiff purchased the said lot from Ms. Nadine Lustre which they
executed a Deed of Absolute Sale. Machine copy of said Deed of Absolute
Sale is attached hereto as ANNEX "B";
5. That sometime in January 2, 2017, Defendants and their families began to be
in possession of the said property, not by virtue of any title or contract, but
merely upon the Ms. Nadine Lutre’s tolerance, as she had no immediate need
of the said property at that time;
6. That during the sale of the said lot the Defendants are residing at the said
lot, which Ms. Lustre said that he will be the one to inform the Defendants
that the said property was already sold and they shall vacate the premises as
sooon as possible;
7. That on December 20, 2019, Plaintiff as the new rightful owner demanded
that Defendants vacate and return the possession of the said parcel of land to
the herein Plaintiff as the new rightful owner of the said lot, but despite
numerous demands for him and his family to vacate, Defendants 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";
8. 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);
9. 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);
10.That due to the unjust refusal of the Defendants 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 P5,000.00 and the amount of P1,000.00 per court hearing;
11.That this action is being filed within a period of one (1) year from the
demand on Defendant to vacate the said property.

ALLEGATIONS IN SUPPORT OF THE PRAYER FOR ISSUANCE

OF A WRIT OF PRELIMINARY MANDATORY INJUNCTION

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

material and relevant under this heading;
11. 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;
12. 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;
13. 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.

PRAYER
 WHEREFORE, it is most respectfully prayed that, after due hearing, judgment
be rendered in favor of the plaintiffs:
a) Ordering the Defendant, their families, successors, assigns and all persons
acting under them, to vacate Lot 2084-C-5 that is covered by Transfer
Certificate of Title No. 112,221 of the Registry of Deeds for the City of
Zamboanga and to peacefully turn over the possession thereof to the
Plaintiff;
b) 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 December 2019, Philippines.

(COUNSEL)

VERIFICATION AND CERTIFICATION

Republic of the Philippines)

Province of Zamboanga del Sur) S.S.
City/Municipality of Zamboanga)
x-----------------------x

I, James A. Reid, of legal age, Filipino, single and a resident of Baliwasan,

Zamboanga City Philippines, after being sworn in accordance with law, hereby depose
and say:

That I am the Plaintiff in the above-entitled case; That I have caused the
preparation of the above Complaint and I have read the same and knows the contents
thereof; That the allegations contained therein are true and correct of my own personal
knowledge.

That I further certify that: (a) I have not theretofore commenced any other action
or proceeding or filed any claim involving the same issues or matter in any court, tribunal,
or quasi-judicial agency and, to the best of my knowledge, no such action or proceeding is
pending therein; (c) if I should thereafter learn that the same or similar action or
proceeding has been filed or is pending before the Supreme Court, the Court of Appeals,
or any other tribunal or quasi-judicial agency, I undertake to report such fact within five
(5) days therefrom to the court or agency wherein the original pleading and sworn
certification contemplated herein have been filed.
 IN WITNESS WHEREOF, I have hereunto set my hand this December, 2019 at
Zamboanga City, Philippines.

James Reid
Affiant
DL No. J05-1235-678

SUBSCRIBED AND SWORN to before me, this December 2019, by

_____________ who exhibited to me (his/her) Driver’s License No. J05-1235-678 Exp.
On January 25, 2023.

NOTARY PUBLIC

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of ______;

CERTIFICATION OF NON-FORUM SHOPPING

AFFIDAVIT OF MERIT

I, JAMES REID, of legal age, Filipino, single and a resident of Baliwasan,

Zamboanga City, 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 Kim Chui,
Liza Seguera, Brad Pit before the Municipal Trial Court of Zamboanga City,
Philippines;

2. That I am the true and registered owner of a certain parcel of land situated in
Zone 1, Ayala Zamboanga City, identified as Lot 2084-C-5 and covered by
 Transfer Certificate of Title No. 112,221 of the Registry of Deeds for the City
of Zamboanga;

3. That since January 2,2017 Defendants Kim Chui, Liza Seguera, Brad Pit
and their families began to be in possession of the said property upon my
mere tolerance, as the previous owner has no immediate need of the said
property at that time;

4. That sometime in December 20,2019, 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;
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 Zamboanga City, Philippines.

James Reid
Affiant
DL No. J05-1235-678

(Jurat for an Individual Affiant)

SUBSCRIBED AND SWORN to before me, this _____________, by the Affiant

who is personally known to me (or whom I have identified through competent evidence of
identity) and who exhibited his/her Community Tax Certificate No. _____________ issued
at _____________ on _____________.

NOTARY PUBLIC
Doc. No. ______;
Page No. ______;
Book No.______;
Series of 20____.

NOTICE OF HEARING

Atty. _______________________
Counsel for the _______________
__Counsel's Address of Record__

Greetings: Please take notice that the foregoing Motion for _____________ shall
be submitted for the consideration and approval of the Honorable Court on Friday,
__date__, at ________ (a.m./p.m.) or as soon as counsel and matter may be heard.

COUNSEL

(Acknowledgment by an Individual - One-Party Instrument)

REPUBLIC OF THE PHILIPPINES)

CITY/MUNICIPALITY OF ______) SS.
x------------------------------------x

ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in the (Province/City/Municipality) of

_____________, personally appeared _____________ with Community Tax Certificate
No. _____________ issued on _____________ at _____________, personally known to
me (or whom I have identified through competent evidence of identity) and who
represented to me that his/her signature on the foregoing instrument was voluntarily
affixed by him/her for the purposes stated in the instrument and who declared that he/she
has executed the foregoing instrument as his/her free and voluntary act and deed.
 This Instrument consists of only ______ (____) page/s, including this page in
which this acknowledgment is written, duly signed by _____________ and his/her
instrumental witnesses on each and every page hereof.

WITNESS MY HAND AND SEAL this _____________ at _____________,

Philippines.

NOTARY PUBLIC

Doc. No. ______;

Page No. ______;
Book No.______;
Series of 20____.