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REPUBLIC OF THE PHILIPPINES9th Judicial RegionMETROPOLITAN TRIAL COURTCity of Zamboanga

Branch 1

SUR-AINA ISMAELPlaintiff,

Civil Case No. 3333- versus - For: Ejectment

ABBAS BARANG,Defendant.

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COMPLAINTCOMES NOW, the plaintiff, through the undersigned counsel and unto this Honorable Court, most

respectfully avers:

1. Plaintiff, SUR-AINA ISMAEL is of legal age, Filipino citizen, single, with residence and postaladdress at 331 HB Homes Subdivision, Sinunuc, Zamboanga City; Defendant ABBAS BARANG is a Filipino,

of legal age, single and currently resident of 888 Star Apple Drive, Baliwasan, Zamboanga City, where he

may be served with summons and other pertinent processes.

2. Plaintiff owns that property located at 888 Star Apple Drive, Baliwasan, Zamboanga City which

it leased to defendant under the terms and conditions stated in the Contract of Lease dated 5 March

2010, which contract expires on 6 January 2011. A copy of the contract is attached as ANNEX A.

3. Upon expiration of the contract, plaintiff informed defendant of its intention not to renew the

lease as it would use the property to construct storage facilities for its business; plaintiff then asked

defendant to vacate the premises. A copy of plaintiffs letter to defendant is attached as ANNEX B.

4. Despite demand duly made and received, defendant has refused to vacate the premises and

continues to occupy the property without plaintiffs consent. Resort to the Barangay conciliation system

proved useless as defendant refused to appear before the Lupong Tagapamayapa. A Certification to File

Action is attached as ANNEX C.

5. Defendants act of dispossession has caused plaintiff to suffer material injury because the

construction of plaintiffs storage facilities could not be started despite the arrival of materials at said

property. Defendants continued occupation of the premises has also forced plaintiff to sue and to incur

legal expenses amounting to Fifty Thousand Pesos (P50,000.00).

WHEREFORE, plaintiff respectfully prays for judgment in its favor by ordering defendant tovacate the property and peacefully turn over possession to plaintiff and for defendant to pay plaintiff the

amount of Fifty Thousand Pesos (P50,000.00) as compensation for the delay of the construction of the

storage facilities and Fifty Thousand Pesos (P50,000.00) for Attorneys fees.

Other just and equitable reliefs are also prayed for.

Zamboanga City; November 10, 2012.

Fharhana M. AbdurahimPTR No. 107654/12-22-11/Zamboanga City

IBP No. 55345/2-5-12/Zamboanga City

Roll of Attorney No. 118765Unit 101, Zenith Tower I

Veterans Avenue, Zamboanga City

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VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

I, Sur-aina Ismael, of legal age, do hereby state that: I am the owner of the property located at

888 Star Apple Drive, Baliwasan, Zamboanga City in such capacity, caused this Complaint to be prepared;

I have received a copy of the [Order/Resolution/Decision] of the Court on 15 June 2012; I have read its

contents and affirm that they are true and correct to the best of my own personal knowledge; I hereby

certify that there is no other case commenced or pending before any court involving the same parties

and the same issue and that, should I learn of such a case, I shall notify the court within five (5) days

from my notice.

SUR-AINA ISMAELComplainant

IN WITNESS WHEREOF, I have signed this instrument on ___ day of November, 2012 in the city

of Zamboanga, affiant exhibiting to me her Drivers License No. 5566 issued by the Land TransportationOffice on January 10, 2012 at the City of Zamboanga.

Fharhana M. AbdurahimPTR No. 107654/12-22-11/Zamboanga City

IBP No. 55345/2-5-12/Zamboanga CityRoll of Attorney No. 118765

Unit 101, Zenith Tower IVeterans Avenue, Zamboanga City

Doc. No. ________

Page No. _______

Book No. _______

Series of 2012.