Page 4 of 4ComplaintPaksit vs TalsikXx=========//

REPUBLIC OF THE PHILIPPINESMUNICIPAL TRIAL COURT IN CITIESCity of DigosProvince of Davao del Sur

PIOLO PAKSIT, Plaintiff, CIVIL CASE No. ______ -versus- FOR: Unlawful Detainer IPA C. TALSIK, Defendant.

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C O M P L A I N T

COMES NOW, the plaintiff, through the undersigned counsel and unto this Honorable Court, most respectfully avers THAT:

1. The plaintiff, is of legal age, Filipino citizen, single, and a resident of Brgy. San Jose, Digos City ,Davao del Sur ;

2. The defendant, is of legal age, Filipino citizen, single, with residence at 456 Brgy. San Jose, Digos City,Davao del Sur where they may be served with summons and other court processes;

3. The plaintiff is the registered owner of a land over which a commercial building had been constructed located Brgy. Zone III, Rizal Avenue, Digos City. The said parcel of land is described as follows:

TRANSFER CERTIFICATE OF TITLE NO. T-201231

A parcel of land ( Lot B-124-Psd 142) situated at Barrio San Jose, Municipality of Digos City, Province of Davao del Sur, Island of Mindanao, Philippines with an area of SEVEN HUNDRED FIFTY (750 sq. m.) Square meters more or less;

Photocopy of the Transfer Certificate of Title no. T-201231 is hereto attached as Annex A;

4. By virtue of a contract of lease, the plaintiff leased unto the defendant the aforesaid commercial building for a consideration of P10,000.00 a month as rental to be paid on the 1st day of the month starting January 1, 2014. To prove the existence of the said contract, photocopy of which is hereto attached as Annex B

5. The defendant failed to pay the agreed rental for several months starting March 1, 2014 up to the present;

6. On August 16, 2014 ,aside from the repeated verbal demands, the plaintiff sent a letter of demand to vacate the said commercial building which was personally received by the defendant as shown in the Letter of Demand to Vacate which is attached hereto as Annex C and the signature of the defendant is marked as Annex C-1

7. Despite repeated demands, the defendant failed to pay the agreed amount of rentals and refused to vacated the subject commercial building;

8. The plaintiff even lodged a complaint before the Office of the Lupon ng Tagapamayapa at Barangay Zone III, Digos City, however, the defendant failed to appear in the scheduled conciliation proceedings therein. Hence, the the pangkat secretary and pangkat chairman of Brgy. Zone III of Digos City issued a Certificate to File Action in my favor. Photocopy of which is hereto attached as Annex D;

9. By reason of failure of the defendant to vacate the premises and to pay the unpaid rentals, the plaintiff was constrained to file this complaint engaging the services of counsel to whom he is obligated to pay P 20,000.00 plus P 1,500.00 per court appearance. PRAYER

WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable Court that, after hearing, judgment be rendered ordering the defendant:

1. To perpetually vacate the subject premises;

2. Ordering the defendants to pay the following:a. Php20,000.00 as attorneys fees plus P 1, 500.00 per court appearance;3. Cost of the suit; and4. Such other reliefs which are just and equitable in the premises are also prayed for;Digos City, Philippines, this 11th day of September 2014.

ATTY.RYONELL R. CABARDO, CPACounsel for the PlaintiffMCLE Compliance Cert. No. III, 123124Aug. 21, 2010MCLE Compliance Cert. No. IV, 098883, Nov. 4, 2012PTR No. 33191/01-04-14 /Digos City, Davao del SurIBP O.R.No. 876215/12-28-13/ Digos CityTIN No. 143-089-251/ Roll No. 900312nd Floor, Cabardo Bldg, Rizal Avenue, Digos CityTelephone/Fax No. (082)-553-6969Cellular Phone No. 0946-899-0192Email address- mr.dreamboycuteguy_143@yahoo.com

VERIFICATION/CERTIFICATION OF FORUM SHOPPING

Republic of the Philippines )City of DigosProvince of Davao del Sur ) S.S.

I, PIOLO PAKSIT, of legal age, Filipino citizen, single and resident of Brgy. San Jose, Digos City, Davao del Sur, Philippines, after having been duly sworn to in accord Nance with law do hereby depose and say:

1. That I am the plaintiff in the above-entitled case;

2. That I have caused the preparation of the foregoing complaint and have read the allegations contained therein;

3. The allegations in the said complaint are true and correct of my own knowledge and authentic records;

4. I hereby certify that I have not commenced any other action or proceeding involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of my knowledge, no such other action or claim is pending therein;

5. That if I should learn thereafter that a similar action or proceeding has been filed or is pending, I hereby undertake to report that fact within five (5) days therefrom to the court or agency where the original pleading and sworn certification contemplated herein have been filed;

6. I executed this verification/certification to attest to the truth of the foregoing facts and to comply with the provisions of Adm. Circular No. 04-94 of the Honorable Supreme Court. IN WITNESS WHEREOF, I have hereunto affixed my signature this 11th day of September 2014, in Digos City, Davao del Sur, Philippines. PIOLO PAKSIT Affiant TIN:156-290-221-000 SUBSCRIBED AND SWORN to before me this 12th day of September 2014 in Digos City, Davao Del Sur, Philippines, affiant exhibiting to me his Valid Identification as above indicated.

ATTY. RYONELL R. CABARDO, CPANotary PublicMy Commission Expires Dec. 31, 2014Roll of Attorney No. 90031IBP No. 876215/12-28-13/Digos City, Davao del SurPTR No. 33191/01-04-14/ Digos City, Davao del Sur