CIVIL COMPLAINT FOR EJECTMENT

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT

CITY OF PARAÑAQUE

BRANCH 87

YUGENE IBARRA       Civil Case No. 2016-117

Plaintiff,                             For : EJECTMENT

-versus-

ANNALISA MONTEZA

Defendant,

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COMPLAINT

  Plaintiff, YUGENE IBARRA by, counsel and unto this Honorable Court, most respectfully states that:

1. Plaintiff is formerly a Filipino and subsequently acquired a British citizenship, of legal age, resided and worked in United Kingdom and now resident of Parañaque City, Philippines.

2. Defendant ANNALISA MONTEZA is a Filipino, of legal age, formerly married to Plaintiff's brother Gregorio who is now deceased. ANNALISA is a resident of No. 25 Marigold Street, San Antonio de Padua Subdivision Valley 1, Parañaque City, Philippines;

3. That the Plaintiff is the owner of a parcel of land No. 25 Marigold Street, San Antonio de Padua Subdivision Valley 1, Parañaque City, Philippines covered by TCT No. 002- 15634 and Real Property Tax Receipt No. 076-89543. A copy of which is attached hereto and made an integral part hereof as "ANNEX A";

4. Plaintiff allowed her only brother Gregorio and his family to live in the said property;

5. Unfortunately, on May 16, 2015, Gregorio died leaving his spouse Annalisa and their 2 (two) minor children orphaned,  out of sympathy, she allowed the continued stay of his brother’s family in her property.

6. On December 20, 2019, the Plaintiff wrote a demand letter to her sister-in-law conveying her intent to repossess the house and lot as she is going to use it for her permanent sojourn in the Philippines. A copy of which is attached hereto and made an integral part hereof as "ANNEX B";

7. Meanwhile, despite the demand letter, Annalisa who has by this time remarried and has a child with her new husband, remained unperturbed;

8. On January 25, 2020, the lawyer of the Plaintiff sent Annalisa a NOTICE TO VACATE THE PREMISES immediately, but the latter refused to heed to said demand. A copy of which is attached hereto and made an integral part hereof as "ANNEX C";

9. Notwithstanding receipt of the demand letter, defendant still refused to vacate the subject property and continues to unlawfully occupy the same to the prejudice of Plaintiff;

10. The Plaintiff thereby is deprived of her rightfull possession and gainful use of the property;

PRAYER

   WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court that after due hearing judgement be rendered:

1. Directing Defendant to vacate the premises and to surrender its possession to Plaintiff.

2. Other measures of relief and remedies that are just and equittable under the circumstances are likewise prayed for.

Parañaque City

14 February 2020.

EDWIN C. PUNO

IBP No.1004691/01-08-9/PPLM

PTR No. 0513159/01-06-19/Parañaque

Roll No. 56918

MCLE Compliance No.V-0010494/09-16-15

Counsel for Plaintiff

Blk 3 Lot 3 San Benedicto Street

Metrocor- B Homes, Better Living Subdivision Parañaque City

Tel No: 905-2924

attyedwin.puno@gmail.com

VERIFICATION AND CERTIFICATION

  I, YUGENE IBARRA,  Filipino, of legal age, married and a  resident of Parañaque City Philippines, after having duly sworn to in accordance with law, do hereby depose and state:

1. I am the Plaintiff in this case;

2. I have caused the preparation and filing of the foregoing Complaint, the contents of which are the facts stated therein are true and correct of my own personal knowledge and based on genuine and authentic records of the case;

3. I further certify that I have not commenced any other action or proceedings involving the same issues in the Supreme Court, The Court of Appeals, or any other court, tribunal or quasi-judicial agency, and to the best of our knowledge, no such action is pending before the Supreme Court, the Court of Appeals, or any other court, tribunal or quasi-judicial agency;

4. Should it come to my knowledge that a similar action or proceeding has been filed or is pending before Supreme Court, the Court of Appeals, or any other court, tribunal or quasi-judicial agency, we hereby undertake to notify the court ot tribunal taking cognizance of the above-captioned case as such fact within give (5) days from knowledge thereof;

5. I am executing this sworn statement in compliance with Sections 5 and 5 Rule 7 of the Revised Rules of Court;

  IN WITNESS WHEREOF, I have signed this document hereunto this 14 day of February, 2020 at Parañaque City.

YUGENE IBARRA

Affiant

  SUBSCRIBED AND SWORN to before me this 14 day of February, 2020 at Parañaque City, Philippines. Affiant Yugene Ibarra exhibiting to me her Driver’s License IDENTIFICATION CARD with No.444203 issued by Land Transportation Office, showing affiant's name, address, pictures and signatures as competent proof of her identity.

Doc. No. 62;                                           Notary Public

Page No. 76; 

Book No. 84;

Series of 2020.