REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT OF BACOLOD

JUDICIAL DISTRICT
BRANCH 55
Maximillian J. Crawford
Plaintiff,
-versus- CIVIL CASE NO. 623145
For: Unlawful Detainer

Joey Wheeler,
Defendant.
x------------------------------------x
COMPLAINT
FACTUAL NARRATION
PLAINTIFF, through counsel, most respectfully states:
1. That plaintiff is a Filipino, of legal age, single and residing at Lot
45, Pegasusland, Santa Clara Subdivision, Barangay Mandalagan,
Bacolod City, Negros Occidental, at which address the party herein
may be served with summons and other court processes; That
defendant is a Filipino, of legal age, single and residing at No. 9
Yuck Cal St. Barangay Villamonte, Bacolod City, at which address
the party herein may be served with summons and other court
processes;

2. Plaintiff is the registered owner of a house and lot located at No. 9

Yuck Cal St. Barangay Villamonte, Bacolod City and covered by
TCT # PJC-827323 of the Registry of Deeds of Bacolod City.
(Annex A)

3. On May 4, 2020, plaintiff and defendant entered into a Contract of

Lease (Annex B) over the above-mentioned property owned by
plaintiff for a period of 2 years commencing May 10, 2020 and
ending May 10, 2022 at the agreed rental rate of P15,000.00 per
month, payable on or before the 15th day of every month, that in the
event that defendant fails to pay the lease for a consecutive 2
months, he is ordered to vacate the house and lot.

4. Defendant then occupied the property and paid the corresponding

advance rental and deposit stipulated in the Contract of Lease.

Page 1 of 14 – Complaint for Ejectment: Unlawful Detainer

 5. However, starting August of 2021 and up to the time of filing this
complaint, the defendant failed to pay the stipulated rental without
any valid or justifiable reason.

6. Plaintiff then demanded, through his lawyer, that the defendant

vacates the premises and to pay the rental arrears. Plaintiff herein
having sent a final demand letter to defendant in September 1, 2020
(Annex C)

7. Plaintiff likewise initiated proceedings before the Lupong

Tagapamayapa of the place where the property is located, however
the defendant refused to show up in the proceedings prompting the
Lupon to issue a Certificate to File Action. (Annex D)

8. Because of defendant’s unjustified refusal to pay the rental arrears

and to vacate the subject property despite repeated demands to do
so, the plaintiff was compelled to litigate, and for the purpose,
engaged the services of the undersigned lawyer for a fee of
P20,000.00 for which the defendants should be held liable, including
the costs of suit.

CAUSE OF ACTION
9. Under Sec. 1 of Rule 701 the plaintiff, as lessor of the subject
property, has been deprived by the defendant of said property,
unlawfully detaining the same. The same Rule provides that this
Honorable Court has jurisdiction of the said complaint.

10. Under Sec. 2 of Rule 702 the plaintiff has given defendant a
demand letter and the latter has failed to comply.

1
Rule 70 - Section 1. Who may institute proceedings, and when. — Subject to the provisions of
the next succeeding section, a person deprived of the possession of any land or building by force,
intimidation, threat, strategy, or stealth, or a lessor, vendor, vendee, or other person against
whom the possession of any land or building is unlawfully withheld after the expiration or
termination of the right to hold possession, by virtue of any contract, express or implied, or the
legal representatives or assigns of any such lessor, vendor, vendee, or other person, may, at any
time within one (1) year after such unlawful deprivation or withholding of possession, bring an
action in the proper Municipal Trial Court against the person or persons unlawfully withholding or
depriving of possession, or any person or persons claiming under them, for the restitution of such
possession, together with damages and costs.
2
Section 2. Lessor to proceed against lessee only after demand. — Unless otherwise stipulated,
such action by the lesser shall be commenced only after demand to pay or comply with the
conditions of the lease and to vacate is made upon the lessee, or by serving written notice of
such demand upon the person found on the premises if no person be found thereon, and the
lessee fails to comply therewith after fifteen (15) days in the case of land or five (5) days in the
case of buildings.

Page 2 of 14 – Complaint for Ejectment: Unlawful Detainer

 11. The Supreme Court in Fuerte vs Estomo3 stated the for an unlawful
detainer to be, to wit:

(a) Initially, the possession of the property by the defendant was by

contract with or by tolerance of the plaintiff;

(b) Eventually, such possession became illegal upon notice by the

plaintiff to the defendant about the termination of the latter's right
of possession;

(c) Thereafter, the defendant remained in possession of the

property and deprived the plaintiff of its enjoyment; and

(d) Within one year from the making of the last demand to vacate
the property on the defendant, the plaintiff instituted the complaint
for ejectment.

12. The requisites for a valid cause of action for an unlawful detainer
are present in this case, to wit:

(a) The defendant initially held the property legally, by virtue of

the contract of lease executed by the plaintiff.

(b) Defendant’s possession became illegal because by virtue of the

terms of the lease contract, the failure of the defendant to pay
the monthly rentals for 2 consecutive months would give the
Plaintiff the power to ask defendant to vacate the property being
leased.

(c) Despite the repeated demands of the plaintiff, defendant still

failed to vacate and up to this day still refuses to vacate,
depriving the plaintiff to exercise the powers of dominion over
the property and making it available for rent to others.

(d) The last demand letter given by plaintiff was sent in Sept 1,
2020. 6 months have passed since the filing of this complaint,
making it within the prescribed period allowed by law.

3
G.R. No. 223399

Page 3 of 14 – Complaint for Ejectment: Unlawful Detainer

 LEGAL BASIS
Plaintiff’s right to reclaim the subject property from defendant.
13. Plaintiff submits that defendant’s failure to comply with the
stipulations of the Contract of Lease, specifically, the provision
that provides the obligation of the lessee to pay the stipulated
monthly rent, and the failure to pay settle the rent after two (2)
consecutive defaults. Under the New Civil Code, the lessee is
obliged to pay the price of the lease according to the terms
stipulated.4

14. Despite repeated demands by the Plaintiff, and after a final demand
letter, defendant still has not complied with his obligation to pay the
stipulated rent. In the case of Cursino vs Bautista, 176 SCRA 65, the
Supreme Court stated that “the right of the plaintiff to bring an
action for unlawful detainer is counted from the time the lessee
fails to pay the rent after a demand, as stipulated by the Rules
of Court”5

15. It is the Petitioner’s submission that the following factual requisites

for the filing of the ejectment suit have concurred:
a. The defendant, after 7 months and up to the time of the filing
of the complaint, still has failed to pay the stipulated rent despite
a final demand letter sent to him.
b. The plaintiff has sent a demand letter as required by the Rules
of Court as prerequisite of an ejectment suit.

16. The Plaintiff is asking for the rescission of the contract of lease6 for
failure of the defendant to comply with the obligations found in the
lease contract hence the filing of this ejectment suit. 7

4
Article 1657. The lessee is obliged: (1) To pay the price of the lease according to the terms
stipulated.
5
Rule 70, Sec 2. Rules of Civil Procedure
6
Article 1659. If the lessor or the lessee should not comply with the obligations set forth in articles
1654 and 1657, the aggrieved party may ask for the rescission of the contract and indemnification
for damages, or only the latter, allowing the contract to remain in force.
7
Article 1673. The lessor may judicially eject the lessee for any of the following causes: (2) Lack
of payment of the price stipulated;(3) Violation of any of the conditions agreed upon in the
contract.

Page 4 of 14 – Complaint for Ejectment: Unlawful Detainer

 17. In compliance with Sec. 6, Rule 7 of the 2019 Amendments to the
1997 Rules of Civil Procedure [A.M. No. 19-10-20 SC], the
following are stated:

SUMMARY OF WITNESSES
Judicial Affidavit
Summary of forming an integral
Name of Witness
Testimony part of the present
complaint as Annexed
The fact of ownership
of the property in
question; the
Maximillian J.
relationship of plaintiff Annex E
Crawford
with the defendant; the
terms of the Contract
of Lease.

SUMMARY OF PIECES OF EVIDENCE

Document/Object Purpose Annex
To prove the
Transfer Certificate of
Petitioners ownership Annex A
Title
of the subject property.
To prove that the
Defendant failed to
comply with his
Contract of Lease Annex B
obligation in the
contract, making the it
rescissible.
To prove that
Petitioner has complied
Final Demand Letter with the pre-requisite Annex C
required by law in
filing an ejectment suit.
To prove that
Petitioner has complied
with the pre-requisite
required by law in
Certificate of the
filing an ejectment suit Annex D
Lupon
and the defendant was
not willing to settle
amicably with
Petitioner.
To serve as direct
testimony of Petitioner
Judicial Affidavit Annex E
as required by the
Rules of Court.
Page 5 of 14 – Complaint for Ejectment: Unlawful Detainer
 PRAYER
WHEREFORE, it is most respectfully prayed of this Honorable Court
that after due hearing, judgment be rendered in favor of plaintiff and
against the defendant in this manner:
1. Ordering the defendant and all persons claiming rights under
him, to VACATE the house and lot located at No. 9 Yuck Cal St.
Barangay Villamonte, Bacolod City.
2. Ordering the defendants to PAY the plaintiff the rental arrears
at the rate of P15,000.00 per month from August 2020, until the subject
property is vacated.
3. Ordering the defendants to pay plaintiff the rental arrears at
the amount of P20,000.00 for and as attorney’s fees as well as the costs
of suit.
Plaintiff likewise prays for such other and further relief or reliefs as this
Honorable Court may deem just and equitable in the premises.

MOST RESPECTFULLY SUBMITTED. March 18, 2021, Bacolod

City, Philippines.

STAVILO LAW OFFICE

Capitol Lagoon Blk 49, Lacson Street
Bacolod City, Negros Occidental

BY:
Atty. Montvlank Castell V. Stavilo
Roll of Attorney No. 18649
PTR No. 7438232 – Jan. 10, 2005 – Bacolod City
IBP NO. 231231 – Jan. 5, 2005 – Bacolod City
MCLE Compliance No. 0011164 – Feb. 5, 2013
MCLE Compliance No. V-0001480 – Jan. 16, 2014

COPY FURNISHED:
RTC BRANCH 55
Hall of Justice, Bacolod City
Negros Occidental
Joey Wheeler
No. 9 Yuck Cal St.
Barangay Villamonte,
Bacolod City,
Negros Occidental.

Page 6 of 14 – Complaint for Ejectment: Unlawful Detainer

 VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING
I, Maximillian J, Crawford of legal age, single, Filipino and a resident
of Lot 45, Pegasusland, Santa Clara Subdivision, Barangay Mandalagan,
Bacolod City, Negros Occidental, under oath, depose and state:
1. That I as the petitioner in the above-entitled case have caused this
Complaint for the Ejectment to be prepared; that I read and understood its
contents which are true and correct of my own personal knowledge and based
on true records;
2. This pleading is not filed to harass, cause unnecessary delay, or
needlessly increase the cost of litigation;
3. The factual allegations herein have evidentiary support, or if
specifically so identified will likewise have evidentiary support after a
reasonable opportunity for discovery; and
4. That I have not commenced any action or proceeding involving the
same issue and in any court, tribunal or agency; that of my own knowledge,
no such action is pending in any court, tribunal or agency; that should I
hereafter learn of any such pending action, I undertake to inform this
Honorable Office of such fact within five (5) days therefrom.
IN WITNESS WHEREOF, I have hereunto affixed my signature this
17th day of March, 2021 in Bacolod City.

Maximillian J. Crawford

“SUBSCRIBED AND SWORN to before me this 17th day of March,

affiant exhibiting to me his Driver’s License No. 1235122 issued at Bacolod
City, Philippines on July 2018”.
WITNESS MY HAND AND NOTARIAL SEAL on the day, year and
place first above-written.
Doc. No. 11 Atty. Pelly Ken Pyelotte V. Stavilo
Page No. 3 Notary Public - Bacolod City
Book No. XVIII Commission Serial No. 1235134
Series of 2021 Until Dec. 31, 2022
Stavilo Law Office, Bacolod
Roll of Attorney No. 18521
PTR No. 7438232 Issued at
Bacolod City on 2005
IBP NO. 231231/2005/Bacolod

Page 7 of 14 – Complaint for Ejectment: Unlawful Detainer

 ANNEX
A.

Page 8 of 15 Complaint for Ejectment: Unlawful Detainer

B.

Page 9 of 15 Complaint for Ejectment: Unlawful Detainer

C.

Page 10 of 15 Complaint for Ejectment: Unlawful Detainer

D.

Page 11 of 15 Complaint for Ejectment: Unlawful Detainer

E. JUDICIAL AFFIDAVIT OF MAXIMILLIAN J. CRAWFORD
IN CIVIL CASE No. 623145, COMPLAINT FOR EJECTMENT OF
PERSONS OCCUPYING THE HOUSE AND LOT OF
COMPLAINANT, BACOLOD CITY

I, MAXIMILLIAN J. CRAWFORD, Filipino Citizen, of legal age,

single, and presently a resident of Bacolod City, after being sworn in
accordance with law, depose and say that this Judicial Affidavit is
prepared in English which is known to me and understood by me.

The lawyer who conducted and supervised my examination was

Atty. Seto M. Kaiba, Filipino, of legal age, single, with Law office at
Stavilo Law Office at Capitol Lagoon Blk 49, Lacson Street Bacolod
City, Negros Occidental, Philippines where my examination was held.

I answered the questions asked of me with full consciousness

that I was under oath and that I may face criminal liability, and the
questions asked of me and my corresponding answers, consecutively
numbered, as follows:

1. Q. What is your relationship with Joey Wheeler?

A. He is my lessee.

2. Q. You say that he is your lessee, what property is he leasing?

A. My house and lot located at No. 9 Yuck Cal St. Barangay
Villamonte.

3. Q. Who is the owner of the leased property?

A. I own the property. My ownership of the property is evidenced
by the attached TCT in the complaint.

4. Q. What is the reason for you filing the ejectment complaint

against this Joey Wheeler?
A. He has defaulted in his payment in the lease of the property.

5. Q. When did he start defaulting?

A. August 2020, just 3 months after he occupied the property.

Page 12 of 15 Complaint for Ejectment: Unlawful Detainer

6. Q. On what grounds are you basing your right to eject the
lessee?
A. As per the Contract of Lease which I attached in the complaint,
it states there that the continuous default for 2 months would be
grounds for him to vacate the property, and if he refuses to do so, I will
file an ejectment case against him.

7. Q. How many months has lessee defaulted in his payments?

A. Starting from the month of August, it would be 7 months at the
time of this examination.

8. Q. It says in the Contract of Lease that in the case of default for

the second consecutive month, you will give him a grace period to pay
the rental arrears? Can you tell us about this?
A. Yes, after his second month of not paying I went to the
property and told him that I was giving him till month end of August to
settle. Otherwise I will have him ejected.

9. Q. What did Mr. Joey Wheeler do after you told him that you
would eject him?
A. He still ignored my demand for him to pay his rentals.

10. Q. What did you do in the following months after August?

A. I sent him a final demand letter in September.

11. Q. What did he do after receiving this final demand?

A: He, still ignored it and furthermore, refused to answer my calls
and texts. He even does not go outside the house when he sees one
of my agents outside.

12. Q. You stated in your complaint that you have a certificate to file
action issued by the Lupon. What happened in the Lupon
proceedings?
A. He did not show up. Despite numerous re-schedulings, he
refused to or decided not to show up.

13. Q. I have no more question to ask for the moment, but are willing
to answer further questions as may be asked of you if necessary?
A. Yes, Sir.

Page 13 of 15 Complaint for Ejectment: Unlawful Detainer

IN WITNESS WHEREOF, I affix my signature this 15th day of March
2021, at Bacolod City, Philippines.

Maximillian J. Crawford
AFFIANT

SUBSCRIBED and SWORN to before me on the 15th day of

March 2021 at Bacolod City, Philippines, Maximillian J. Crawford who
exhibited his Competent ID, driver’s license , bearing his picture and
signature, which is evidence of entity.

See page 4.

Witness my hand and seal.

Doc. No. 2 Notary Public - Bacolod City

Page No. 32 Commission Serial No.
Book No. X 23212321
Series of 2021 Until Dec. 31, 2024
Stavilo Law Office, Bacolod
Roll of Attorney No. 18649
PTR No. 7438232 Issued at
Bacolod City on 2005
IBP NO. 231231/2005/Bacolod
Atty. Montvlank Castell V.
Stavilo
SWORN ATTESTATION OF LAWYER

I, Seto M. Kaiba, of legal age, Filipino, a lawyer, under oath, do

hereby attest that in connection with the foregoing Judicial Affidavit of
Maximillian J. Crawford, I faithfully recorded or and caused to be record
the questions asked and the answers given, and neither I nor any other
person present coached the affiant on how to answer.

Seto M. Kaiba

Page 14 of 15 Complaint for Ejectment: Unlawful Detainer

Page 15 of 15 Complaint for Ejectment: Unlawful Detainer