Republic of the Philippines

Fourth Judicial Region

Municipal Trial Court in Cities
Antipolo City
Branch__

LEONARDO M. REAL,
Plaintiff,

- versus - Civil Case No. _______

For: Unlawful
Detainer and
Damages

CARLIN DE GUZMAN
and all persons claiming
right under it.
Defendant.
X--------------------X

COMPLAINT

Plaintiff to this Honorable Court states:

1. Plaintiff is of legal age, Filipino and with postal address at Lot

8, Block 1, Sampaguita St., Bermuda Subd., San Luis, Antipolo City, where
he may be served with notices of the Honorable Court.

2. Defendant Carlin De Guzman, is of legal age, Filipino, and with

residential address at 55 Sitio Kapatiran, Brgy. San Isidro, Antipolo City at
Sitio Calumpang, San Jose, Antipolo City the field office of her business.

3. Plaintiff is an owner of an unregistered parcel of real property

more particularly described as Lot 1516 of Lungsod Silangan Cadastre
situated at Sitio Calumpang, San Jose, Antipolo City consisting of 15,568
sqm. Copy of two (2) Deed of Absolute Sale is hereto attached and marked
as Annexes “A” and “B”.

4. Said property is covered by approved plan, cadastral map and

lot data computation hereto attached as Annexes “C”, “D” and “E”.
However, a certified copy of the plan is nowhere to be found at the offices of
the Department of Environment and Natural Resources (DENR) despite
series of requests. Copies of the letter and reply letters of DENR are hereto
attached as Annexes “F” to “F-4”

5. Likewise, Lot 1516 is the subject of application for tax

declaration before the Assessor’s Office – Antipolo City and a patent
application before the Department of Environment and Natural Resources
(DENR) by one of the predecessors of the plaintiff. Copy of the letter dated
and reply letter and Certification from the DENR is hereto attached as
Annexes “G”, “G-1” and “H”.

6. Said patent remains not release to date by the DENR because of

the issuance of MO 72 by the Office of the President, Republic of the
Philippines. Copy of MO 72 is hereto attached as Annex “I”.

7. On 22 July 2022, an Agreement To Buy and To Sell was

executed by and between the plaintiff and defendant whereby plaintiff
offered to sell and defendant agreed to purchase a portion of the above
described parcel of land consisting of 1,000 sqm. in the amount of
P3,500,000.00 wherein defendant made a downpayment of P110,000.00 and
the balance payable on installment at P60,000.00 a month for fifty seven
(57) months starting 03 March 2023. Copy of the Agreement To Buy And
To Sell is hereto attached as Annex “J”.

8. A few months after the execution of the foregoing Agreement,

defendant approached the plaintiff if she can use the premises subject of the
Agreement for its hollow blocks making business to save business expense
which he permitted despite the price of the sale has yet to be paid in full with
the promise that she will voluntarily vacate the same if she failed to pay the
stipulated amortizations.

9. That, defendant was able to pay her amortizations only up to 05

December 2023, the date of last payment of the agreed monthly
amortization. No further payment was made thereafter by defendant hence
defendant was in default in paying the stipulated amortization starting
January 2024. Copy of the Acknowledgment Receipt coverinf the postdated
checks for the periodic installments is hereto attached as Annex “K”.

10. On 21 February 2024, a notice of delinquency and cancellation

was sent to defendant but to no avail. Copy of the Notice of Delinquency
And Cancellation of the Agreement To Buy And To Sell is hereto attached
as Annex “L” and is made integral part hereof. Despite such notice
defendant failed and still refused to make payment of her obligation and
despite repeated demands were made thereafter.

11. On 11 October 2024, plaintiff sent a final demand to pay and to

vacate the premises was served to defendant. The said letter of demand was
tendered to defendant last 04 April 2024 but she refused to sign. Copies of
the letter demand to vacate and to pay and the affidavit of service of
Rachelle T. Obre are hereto attached and marked as Annexes “M” and “N”.

12. As reasonable value for the use and continued occupation of the
premises from the date of filing of this complaint, defendant should likewise
be ordered to pay the sum of THIRTY THOUSAND PESOS (P30,000.00) a
month up to the time it finally vacate the premises.
 13. That a dispute was lodged before Barangay San Isidro,
Antipolo City for conciliation but no settlement was reached. Copy of the
Certificate To File Action is hereto attached as Annex “O”;

14. For the unjustified refusal of defendant for failure to vacate the
premises, it should be made liable to pay costs of suit and litigation expenses
in the estimated amount of P50,000.00.

15. That plaintiff will testify that he is the owner and a signatory to
an Agreement To Buy And To Sell executed in favor of defendant where in
the course of paying the stipulated amortization he allowed defendant to take
possession of the land subject of the Agreement which the defendant
promised to vacate the same if it committed a default in paying thereof. That
defendant failed to pay the stipulated amortization starting January 2024
despite demand. Hence, plaintiff demanded to defendant to vacate the
premises but failed to do the same. Likewise, plaintiff filed a dispute before
the barangay but no settlement was arrived at. Thus, the instant complaint of
unlawful detainer. Copy of the judicial affidavit is hereto attached as Annex
“P”.

16. In order to prove plaintiff’s causes of action, plaintiff will

present the following documentary exhibits:

Exhibit No. Purpose

A to A-1 To prove that plaintiff acquired Lot No. 1516 by
B to B-1 purchase from the Heirs of Flaviano in 2015 and
Deeds of Absolute Sale 2016.
dated 09 Nov. 2015 and 11
July 2016.
C To susbtantiate that Lot 1516 is covered by
Plan AP-04-12781 approved plan issued by DENR on June 16,
1999.
D To prove that Lot 1516, subject of this case is
Cadastral Map covered by cadastral map conducted by the
DENR on August 15, 1981.
E To prove that Lot 1516 was embraced by lot data
Lot Data Computation computation issued by DENR.
F to F-4 To prove that certified copy of plan AP-04-12781
Letters and Reply was nowhere to be found in the records of DENR
despite repeated requests.
G and G-1 To show that plaintiff applied for tax declaration
Letter to Assessor before the Assessor’s Office - Antipolo City but
remains inacted to date.
H To show that Lot 1516 is an alienable and
Certification disposable portion of the public domain.
I To substantiate that Lot 1516 is covered by MO
MO 72 72 issued by the Office of the President -
Republic of the Philippines.
J To buttress that plaintiff sold a portion of Lot
Agreement To Buy and To 1516 to defendant in installment on 22 July 2022.
 Sell To further prove that P20,000.00 a month as fair
rental value of the premises is reasonable enough.
K To prove that defendant issued to plaintiff seven
Acknowledgment Receipt (7) postdated checks to cover the amortizations
from August - December 2023 as provided by
Exhibit “J” hereof.
L To show that defendant was in default in paying
Notice of Delinquency and the stipulated installment, hence, plaintiff served
Cancellation of An notice of cancellation of the Agreement to
Agreement To Buy and To defendant.
Sell Dated 12 February 2024
M To show that plaintiff demanded defendant to
Demand Letter dated vacate a portion of Lot 1516 illegally occupied
04 October 2024 by it.
N To show that the demand letter dated 04 Octoberl
Affidavit of Service 2024 was duly served to defendant.

O To show that a conciliation proceeding was

Certificate To File Action conducted as a prerequisite in filing this case.
P To prove that plaintiff executed a judicial
Judicial Affidavit affidavit as his evidence in chief in the present
case.

17. That plaintiff consent to service by electronic means thru his

email address at realleonardo101@gmail.com.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of

this Honorable Court that judgment be rendered ordering defendant and all
persons claiming rights under it, to wit:

01. To vacate the subject premises and to surrender peaceful

possession thereof to plaintiff;

02. To pay the sum of P20,000 month as reasonable compensation for

the use of the property as reasonable value for the use of the
premises commencing from date of filing of this case until it
vacate the premises; and

03. To pay costs of suit and litigation.

Plaintiff prays for other remedies, just and equitable under the
premises.

Antipolo City, November __, 2024.

 LEONARDO M. REAL
Plaintiff
Blk. 1 Lot 8 Sampaguita St.,
Bermuda Heights Subd.,
San Luis, Antipolo City
realleonardo101@gmail.com
09216324115/09063364699

VERIFICATION/CERTIFICATION OF
NON-FORUM SHOPPING

I, LEONARDO M. REAL, of legal age, Filipino, after having been

duly sworn to in accordance with law hereby voluntarily depose and state
that:

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

2. That I hereby certify that I have caused the preparation of the above
Complaint;

3. That I have read the Complaint and I certify that the contents are
true and correct based on my own personal knowledge and based on
authentic records/documents in my possession;

4. The Complaint is not filed to harass, cause necessary delay, or

needlessly increase the cost of litigation;

5. That the factual allegations therein have evidentiary support; and

6. That I further certify that I have not therefore commenced any

action or filed any claim 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; and if I should thereafter learn that the same,
other or similar action or claim has been filed or is pending, I shall report
that fact within five (5) days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day

of November 2024 at Antipolo City.

LEONARDO M. REAL
Affiant
ID No. 0062403
Issued by PRC

SUBSCRIBED AND SWORN to before me in the City of Antipolo

this ___ day of November 2024, personally known to me and to me known
who is the same person who personally signed before me the foregoing
pleading and acknowledged that he executed the same.

Doc No. ______

Page No. ______
Book No. _____
Series of 2024.