Republic of the Philippines

FIRST JUDICIAL REGION

Regional Trial Court
Branch 5
Baguio City

ALINA STARKOV, Civil Case No. ________

FOR: EJECTMENT
Plaintiff, (Unlawful Detainer &
Damages)
- versus -

KAZ BREKKER,

Defendant,

x --------------------------------------------x

COMPLAINT

The Plaintiff, through counsel respectfully states, that:

1. That the plaintiff, ALINA STARKOV, is of legal age, Filipino citizen,

single, with residence and postal address at 123 Dalandan Street,
Woodland Hills Subdivision, Camp 7, Baguio City;

2. That the defendant, KAZ BREKKER, is of legal age, Filipino citizen,

single, with residence and postal address at 567 Moderno Street,
Camp 8, Baguio City, where they may be served with summons and
other court processes;
FIRST CAUSE OF ACTION
(As to Ejectment)

3. The plaintiff is the absolute owner and lessor of a house and lot
situated at 567 Moderno Street, Camp 8, Baguio City, now leased and
occupied by the Defendant. Attached hereto as Annex “A” and
Annex “B”, respectively, are the Transfer Certificate of Title No. 016-
201112345 representing the title as registered to ALINA STARKOV
and Tax Declaration of the Structure with ARP No. 2010-03-05-01234
and with Property Index No. 009-05-025-01-143B1;

4. By virtue of a contract of lease, executed August 1, 2021, the plaintiff

leased unto the defendant the aforesaid house and lot for a

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 consideration of Twenty-five Thousand Pesos (Php25,000.00) a month
as rental to be paid within the first ten (10) days of each month
starting September 10, 2021. The lease contract of the Defendant for
the occupation of the said house and lot has a duration of one (1) year
and should have ended on September 10, 2022. To prove that the
Defendants are renting, the attached as Annex “C and series” are the
deposit slips of the Defendant as well as lease contract and the
Metrobank passbook where plaintiff enters their rental payments

5. Starting October 10, 2021, the defendant failed to pay the agreed
rentals. Worst, defendant has failed to vacate the subject property
despite the lapse of the lease contract. Since October 10, 2021 up to
the present, defendant has failed to pay their rentals.

6. Several demands to pay and vacate was made by the plaintiff to the
defendant, both oral and written, but the defendant refused to vacate
the said house and lot and return possession to the plaintiff. Copies
of the Demand Letter sent to the defendant on November 20, 2021,
December 12, 2021 and January 8, 2022 are attached hereto and made
an integral part hereof as Annex “D and series”.

7. On February 10, 2022, Plaintiff then referred the matter to the Lupong
Tagapamayapa of Brgy. Camp 8, Baguio City, parties failed to arrive at
an amicable settlement. Thus, a Katibayan Upang Makadulog sa
Hukuman (Certificate to File Action) was issued by the Tanggapan ng
Lupong Tagapamayapa of Brgy. Camp 8, Baguio City. A copy of which
is hereto attached and made an integral part hereof as Annex “E and
series”.

8. Until now defendant still refuses to vacate and restore possession and
pay his rentals for the months October 2021 up to the present;

9. Thus, defendant is unlawfully withholding possession of the subject

property from the plaintiff despite last and final demand, to the
damage and prejudice of the plaintiff.

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 SECOND CAUSE OF ACTION
(As to Rentals and Damages)

10.Further, since the defendant and all other persons acting under their
authority have illegally used and occupied and continues to illegally
use and occupy the property from the time, they received the
demand letters and letters to vacate stating that they have not paid
their rental for twelve months or Php 300,000.00. To prove that the
Defendants are renting, the attached as Annex “C and series” and
Annex “D and series” are the deposit slips of the defendant as well
as the lease contract and the Metrobank passbook where ALINA
STARKOV enters their rental payments

11.On account of the unjustified refusal of defendant to pay and vacate

the subject property, plaintiff was forced to file this instant action
which requires the services of the undersigned counsel, for an agreed
fee of Thirty Thousand Pesos (Php 30,000.00), and caused her to incur
litigation expenses. The official receipts proving payment thereof is
hereto attached as Annex “F and series”.

12.The Plaintiff had been in prior and actual possession over the subject
property which is way before the Defendants even started occupying
the said property.

13.Finally, this instant case is hereby initiated and filed within the one
(1) year prescribed period;

WITNESSES AND DOCUMENTS

1. To prove and support the herein complaint, the Judicial Affidavit of

ALINA STARKOV is herein attached to prove that the Plaintiff owns
the subject properties and to prove further that the Plaintiff
introduced improvements and exercised possession over the said
properties way before the Defendants entered the said properties;

2. In support of this complaint, the following documents will be

presented:

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 EXHIBIT DESCRIPTION
“A” and “B” Lot title and tax declaration of the
house (To prove Plaintiff’s
ownership over the subject
properties);
“C and series” Deposit slips, lease contract and
Metrobank passbook
“D and series” Letters dated November 20, 2021,
December 12, 2021 and January 8,
2022
(To prove demand letters were sent
to the Defendant;
“E and series” Barangay Certificate to File Action
dated February 12, 2022
(To that the matter was brought to
and passed upon by the Barangay);
“F and series” Official receipts
(To support claim for damages)

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of

the Honorable Court that judgment be rendered in favor of the Plaintiff, as
follows; to wit:

1. Ordering defendants and all persons claiming/acting under their

authority to immediately vacate the premises, including its
improvements found and standing thereon, subject of this case and to
peacefully relinquish possession thereof to the Plaintiff;
2. Ordering defendants and all persons of legal age claiming/acting
under her authority to pay plaintiff the following:
a. Moral damages not less than Php 50,000.00;
b. Exemplary Damages not less than Php 30,000.00;
c. Attorney’s fees of not less than Thirty Thousand Pesos (Php
30,000.00),
d. Costs of suit.

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 3. Ordering Defendants and all persons of legal age claiming/acting
under their authority to pay the Plaintiff the reasonable
compensation for the use and occupation of the subject property in
the amount of rentals of Three Hundred Thousand
Pesos (Php 300,000.00), for the unpaid rentals plus for 2021 and 2022
until such time that they have vacated the property.

Other reliefs, just and equitable under the premises are likewise prayed
for.

City of Baguio, this 3rd day of October 2022

Young & Khoo Law Offices

By: Atty. Astrid Leong

Counsel for Plaintiff
XYZ Bldg. Real St., Baguio City
Attys. Roll No. 12345/ 1-1-06
PTR No. 12345/1-03-22, Tacloban City
IBP Lifetime No. 765432/01-01-18, Tacloban Chapter
MCLE COMPLIANCE NO.: V-0001111/01-01-2021
Phone No: 09161234567

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Republic of the Philippines )
City of Baguio ) S.S.

VERIFICATION and CERTIFICATION OF NON-FORUM SHOPPING

I, ALINA STARKOV, of legal age, Filipino citizen, single and resident of 123
Dalandan Street, Woodland Hills Subdivision, Camp 7, Baguio City, after having been
duly sworn to in accordance 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 3rd day of October
2022, in the City of Baguio.

ALINA STARKOV
Affiant/Complainant

SUBSCRIBED AND SWORN to before me this 3rd day of October 2022, in the City of
Baguio, Affiant exhibiting to me her Driver’s License No. 12345897 issued by the Land
Transportation Office on June 10, 2021 in the City of Manila.

Atty. Astrid Leong

Counsel for Plaintiff
XYZ Bldg. Real St., Baguio City
Attys. Roll No. 12345/ 1-1-06
PTR No. 12345/1-03-22, Tacloban City
IBP Lifetime No. 765432/01-01-18, Tacloban Chapter
MCLE COMPLIANCE NO.: V-0001111/01-01-2021
Phone No: 09161234567
Doc. No. ___5__;
Page No. ___22_;
Book No. ___4__;
Series of 2022. 

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