SUMMONS
SUMMONS BY PUBLICATION
Republic of the Philippines
First Judicial Region
Municipal Trial Court
Sta. Barbara, Pangasinan
-o0o-
COMMUNITIES PANGASINAN, INC. /Plaintiff,
– versus –
MS. MYRNA F. CATUBAY and anyone claiming rights under her,/Defendant.
CIVIL CASE NO. 1106
-for-
UNLAWFUL DETAINER
x – – – – – – – – – – – x
SUMMONS
TO: MS. MYRNA F. CATUBAY resident of 3 National Road, San Pedro Ili, Alcala, Pangasinan.
Greetings:
Pursuant to the RULES ON SUMMARY PROCEDURE you are hereby required to file with this Court within 10 days after the service of this SUMMONS, exclusive of the day of such service, your ANSWER to the complaint of the plaintiff, copy of which is hereto attached and herewith served upon you.
HOWEVER, you are given Sixty (60) days to file your answer counted from notice, in as much as service of this summons is through extraterritorial service under section 15 rule 14 of the 1997 rules of civil procedure, as amended.
You are further directed to serve a copy of your ANSWER within the same period upon the plaintiff.
If you fail to answer within the time aforesaid, the plaintiff will take judgment against you by default and demand from this Court the relief/s prayed for in this complaint.
Sta. Barbara, Pangasinan, this 26th day February 2014.
(SGD.) HON . ZENAIDA DEYNACO PERUCHO
Presiding Judge
Republic of the Philippines
First Judicial Region
Municipal Trial Court
Sta. Barbara, Pangasinan
-o0o-
COMMUNITIES PANGASINAN, INC. /Plaintiff,
– versus –
MS. MYRNA F. CATUBAY and anyone claiming rights under her,/Defendant.
CIVIL CASE NO. 1106
-for-
UNLAWFUL DETAINER
x – – – – – – – – – – – x
ORDER
Herein defendant has not filed the required answer to the instant complaint, the summons not having been served on her, per the Return of Service dated 11 October 2013, made by Leonardo B. Ragasa, Junior Process Server, Municipal Circuit Trial Court, Alcala, Pangasinan, indicating that defendant is presently in Cyprus.
In an ex-parte motion for leave of court to effect serve of summons by publication, dated 10 February 2014, filed by plaintiff, it was prayed among others that extraterritorial service of summons be thus effected.
Finding merit in the motion, the same is granted, provided that the summons by publication be in a newspaper of general circulation in the Province of Pangasinan and done once weekly, for two (2) consecutive weeks, at the expense of the plaintiff.
Submission of proof of service shall be in accordance with Sec. 19 Rule 14 of the 1997 Rules of Civil Procedure, As Amended.
SO ORDERED.
Sta. Barbara, Pangasinan, February 26, 2014.
(SGD.) HON. ZENAIDA DEYNACO PERUCHO
Presiding Judge
Republic of the Philippines
First Judicial Region
Municipal Trial Court
Sta. Barbara, Pangasinan
-o0o-
COMMUNITIES PANGASINAN, INC. /Plaintiff,
– versus –
For: Unlawful Detainer
MS. MYRNA F. CATUBAY and anyone claiming rights under her,/Defendant.
CIVIL CASE NO. 1106
x – – – – – – – – – – – x
COMPLAINT
Plaintiff, through counsel and to this Honorable Court, most respectfully alleges, THAT-
1. Plaintiff is a corporation duly organized and existing under and by virtue of the laws of the Republic of the Philippines, with business office at Room 2E Lenox Hotel Rizal St., Dagupan City Pangasinan, represented herein by its Senior Account Officer, Mary Rose De Vera; a machine copy of the Secretary’s Certificate authorizing the latter to represent the corporation is hereto attached as Annex “A” and made an integral part hereof;
2. Defendant is of legal age, Filipino, with residence and postal address located at # National Road, San Pedro Ili, Alcala, Pangasinan, where she may be served with summons and other processes of this Honorable Court;
3. Plaintiff is the absolute and legal owner of a parcel of land with a residential house thereon located at Block 7, Lot 6 of The Heights of Wedgewood Subdivision located at Minien West, Sta. Barbara, Pangasinan, (the “Property”); a machine copy of Transfer Certificate of Title No. 026-2011005434 covering the Property is hereto attached as Annex “B” and made an integral part of this Complaint;
4. Plaintiff entered into a Contract to Sell with the Defendant whereby the former agreed to sell to the latter the Property for a total consideration of Pesos: One Milllion Three Hundred Forty-Nine Thousand and 00/100 (Php1,349,000.00). Of the total consideration, Two Hundred Seventy Thousand (P270,000.00) was paid as down payment, and the remaining balance was to be paid in installment according to the terms and conditions of the Contract to Sell, a machine copy of which is hereto attached as Annex “C” and made an integral part of this Complaint;
5. By virtue of the said Contract to Sell, the Defendant immediately took possession of the Property and she is still in possession of the same up the present time;
6. After the execution of the Contract to Sell, the Defendant made a few installment payments. However, Defendant failed to pay the subsequent installments. A machine copy of the statement of total obligations of Defendant as of 18 April 2013 when the last demand letter was sent, is hereto attached as Annex “D” and made an integral part of this Complaint;
7. Defendant failed, refused and continuously fails and refuses to pay the monthly installment, despite several written and verbal notices for her to do so, leaving Plaintiff herein with no recourse but to cancel the said Contract to Sell through the Notice of Delinquency and Cancellation of Contract to Sell dated 14 January 2013, and received by Defendant. A machine copy of the said Notice of Delinquency and Cancellation of Contract to Sell is hereto attached as Annex “E” and made an integral part of this Complaint;
8. Despite the cancellation of the said Contract to Sell, Defendant refused to vacate the Property and in fact, is still in possession of the same up to the present time, notwithstanding repeated demands upon here to vacate the same, the latest of which was the demand made in the letter dated 18 April 2013, and received by Defendant. A machine copy of the said letter is hereto attahced as Annex “F” and made an integral part of this Complaint;
9. As a consequence of Defendant’s unjustified refusal to vacate the Property, Plaintiff was compelled to go to court and hire the services of counsel for which it agreed to pay Fifty Thousand Pesos (P50,000.00) as attorney’s fees;
10. For unlawfully utilizing and staying in the Property, Plaintiff should likewise be compensated for damages suffered by way of lost rental income of at least Ten Thousand Pesos (P10,000.00) a month, computed from the time of the cancellation of the Contract to Sell until the Defendant surrender its peaceful possession of the Property to the Plaintiff.
PRAYER
WHEREFORE, it is most respectfully prayed that judgment be rendered ordering Defendant and anyone claiming rights under her:
1. To vacate the Property located at Block 7, Lot 6 of The Heights of Wedgewood Subdivision located at Minien West, Sta. Barbara, Pangasinan, and return the possession thereof to the Plaintiff;
2. To pay the amount of Ten Thousand Pesos (P10,000) per month as reasonable rental for Defendant’s use of the Property from the date of the Cancellation of the Contract to Sell until Defendant’s actual surrender and turn-over of the Property to Plaintiff;
3. To pay the Plaintiff the amount of Fifty Thousand Pesos (P50,000.00) as attorney’s fees; and
4. To pay the cost of this suit.
Such other relief and remedies as are just and equitable under the circumstances are likewise prayed for.
Mandaluyong City for Sta. Barbara, Pangasinan, 11 July 2013.
September 7, and 14, 2014
ROSERO RED AND MALAN-DAC LAW OFFICES
Counsel for Plaintiff
c/o Camella Communities,
Ground Floor, Worldwide Corporate Center,
Shaw Blvd., Mandaluyong City
By: (SGD.) JOHN NOAH M. RED
Lifetime IBP No. 685901-Quezon City
PTR No. 7702980-01/16/13-Quezon City
Roll No. 47591
MCLE Compliance No. IV-0018953, 5-17-13
(SGD.) CLARIZA P. MA-LANDAC
IBP No. 936537-03/03/13- CALMANA
PTR. No. 2101527-2/01/13- Mandaluyong City\
Roll. No. 57345
MCLE Compliance No. IV-0017581, 5-17-13
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