Republic of the PhilippinesMunicipal Trial Court

7th Judicial RegionPalace of JusticeBranch _________

General Motors Corporation,Plaintiff,

-versus- Civil Case No. _______For: Unlawful Detainer

and ejectmentCebu Automatic Motors Inc.,

Defendantx________________________________/

COMPLAINT

Plaintiff, by counsel and to this Honorable Court respectfully states that:

1. Plaintiff is a domestic corporation, organized and existing in accordance with law and with business address at #89 F. Lapu-lapu St. Cebu City where it maybe served with orders, notices and pleadings;

2. Defendant, Cebu Automatic Motors, Inc. (CAMI) a domestic corporation, organized and existing in accordance with law and with business address at #89 F. Lapu-lapu St. Cebu City where it maybe served with orders, notices and pleadings;

3. Plaintiff is the registered owner of the GMC Plaza Complex, a commercial building situated at Legaspi Extension corner McArthur Boulevard, Cebu City;

4. On February 2, 2013, GMC, represented by its General Manager, Luis Calalang Jr. (Calalang), entered into a contract with CAMI through Tirso Uytengsu III for the lease of a 2,906 square meter commercial space within GMC’s building (leased premises), copy of which is attached hereto as Annex “A”, and made an integral part hereof.

5. The lease contract was for a period of twenty (20) years, with the monthly rental fixed at P10,000.00.

6. The contract entered into with the Defendant provides that:

C. The LESSEE shall upon the signing of this contract immediately deposit with the LESSOR the following amounts:

a. The sum of PESOS: - TEN THOUSAND & 00/100 (P10, 000.00) inclusive of VAT Philippine currency, to be applied as rental for the last month;

b. The sum PESOS – TEN THOUSAND & 00/100 – (P10,000.00) as guarantee deposit to defray the cost of the repairs necessary to keep the leased premises in a good state of repair and to pay the LESSESS’S unpaid bills from the various utility services in the leased premises; that this amount shall be refundable, if upon the termination of this contract, the leased premises are in good state of repair and the various utility bills have been paid.x x x x

H. THE LESSEE shall not place or install any signboard, billboard, neon lights, or other form of advertising signs on the leased premises or on any part thereof, except upon the prior written consent of the LESSOR.

x x x x

M. FINALLY, the failure on the part of the LESSOR to insist upon a strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any right or remedy that said LESSOR may have, nor shall it be construed as a waiver of any subsequent breach or default of the terms, conditions and covenants herein contained, unless expressed in writing and signed by the LESSOR or its duly authorized representative.

7. The contract further stipulated that the property shall be used exclusively by CAMI as garage and repair shop for vehicles;

8. Defendant violated the provisions of the lease contract when it subleased a portion of the leased premises without securing Plaintiff’s prior written consent; introduced improvements to the leased premises without securing the latter’s consent; and Defendant did not deliver the required advance rental and deposit to the Plaintiff upon the execution of the lease contract;

9. On June 11, 2014, GMC sent CAMI a letter informing the latter that it was terminating the lease contract on that date;

10. Plaintiff demanded that Defendant vacate the premises and settle all its unpaid accounts before the end of that month;

11. This action is filed under the summary procedure under Rule 70 of the Rules of Court;

12. Despite Plaintiff’s repeated demands and reminders for compliance, Defendant refuses to vacate the leased premises;

13. Plaintiff was constrained to engage the services of counsel in order to protect its interest and has agreed to pay legal fees of P50,000 and appearance fees of P2,000 per hearing;

14. Plaintiff expects to incur expenses of litigation which is conservatively placed at 20,000.

PRAYERWHEREFORE, Plaintiff respectfully prays to this Honorable Court to render

judgment against Defendant requiring the latter:

a) To pay the required advance rental and deposit agreed upon in the lease contract;

b) To order the defendant to vacate the premises;

c) Attorney’s fees of 50,000 and P2,000;

d) Litigation Expenses of 20,000;

e) Cost of this suit;

Plaintiff further pray for such relief as may be just and equitable in the premises.

Cebu City Philippines, October ______, 2015

COLINA AND ASSOCIATES LAW FIRM3/F USC Law and Business BuildingPelaez St. Cebu City

By:

APPLE JOY COLLADOSPTR No. 1234567 1-06-10 Cebu CityIBP Lifetime Member No. 00234Roll No. 23075MCLE Compliance No. III-0009876

MARICRIS COLINAPTR No. 1234567 1-06-10 Cebu CityIBP Lifetime Member No. 00234Roll No. 23075MCLE Compliance No. III-0009876

LOUISE DAGATANPTR No. 1234567 1-06-10 Cebu CityIBP Lifetime Member No. 00234Roll No. 23075MCLE Compliance No. III-0009876

DANA FLYNCH DE LIRAPTR No. 1234567 1-06-10 Cebu CityIBP Lifetime Member No. 00234Roll No. 23075MCLE Compliance No. III-0009876

AND THE REST OF THE GANGPTR No. 1234567 1-06-10 Cebu CityIBP Lifetime Member No. 00234Roll No. 23075MCLE Compliance No. III-0009876