Republic of the Philippines First Judicial Region Municipal Trial Court In Cities Branch 31 Baguio City

GRINGO UNASAN Plaintiff,

Civil Case No.996969

For: -versusEJECTMENT with Damages ALLAN PEDRO Defendants, X- - - - - - - - - - - - - - - - - - - - - - - - - x

COMPLAINT
COMES NOW, the plaintiff, through the undersigned counsel and unto this Honorable Court, most respectfully avers: 1. That the plaintiff, GRINGO UNASAN, of legal age, Filipino citizen, single, with residence and postal address at 69 Pinsao Pilot Surong, Baguio City; 2. That the defendant, ALLAN PEDRO, of legal age, Filipino citizen, single, with residence and postal address at 357 Upper Quezon Hill, Baguio City, where they may be served with summons and other court processes; 3. Sometime in the year 2005, plaintiff purchased a certain parcel of land located at Irisan, Baguio City from Don Quixote. Sometime in the year 2009, plaintiff completed payment of the lot; hence, the proper document of transfer was executed and the title over the lot was transferred in his name, under TCT No.

T-554433 of the Registry of Deeds of the City of Baguio, a copy of this title is hereto attached as annex A; 4. Sometime on December 2010, plaintiffs caused the relocation survey of the above-said lot and as a result thereof it appears that the building owned by Allan Pedro encroached on a portion the lot of the plaintiffs, a copy of sketch plan as prepared for plaintiff, hereto attached as Annex B; 5. Hence, plaintiffs through counsel sent the defendants a final vacate and turn over possession of the encroached portion on December 13, 2010, the same was received by the defendants on January 21, 2011, a copy of which is hereto attached as Annex C; 6. Despite receipt of said demand letter, defendants failed to vacate the encroached portion. Further, their offer to buy the encroached portion had to fail, as they were offering to buy the property at an amount which is way below market value of the lot; 7. The defendants act and evident bad faith in refusing to vacate the encroached portion warrants the award of moral damages and exemplary damages of not less than P25,000.00 and P25,000.00 respectively; 8. For having been constrained to litigate to enforce their rights, plaintiffs engaged the services of counsel whom they agreed to pay the amount of P50,000.00 by way of attorneys fees and P5, 000.00 for each appearance in court;

WHEREFORE, premises considered, it is most respectfully prayed of the Honorable Court, that:

(a) After due proceedings, the defendants be ordered to vacate the premises and turn over possession of the encroached portion subject matter of this case to the plaintiffs; (b) The defendant be ordered to pay the plaintiff the following amounts: 1. P50,000.00 by way of moral and exemplary damages; 2. P20,000.00 by way of attorneys fees; (c) Cost of the suit Plaintiffs pray for such other reliefs, just and equitable in the premises. Respectfully submitted this 14th day of February, 2013 at Baguio City, Philippines.

AL MOSTAFA Counsel for the Plaintiff Unit 3, Burnham Suites Legarda Road, Baguio City Roll of Attorney No. 98765 IBP No. 3492/10-9-10/BC PTR No. 34534656/5-22-10/BC

VERIFICATION AND CERTIFICATION AGAINST NON-FORUM SHOPPING

Republic of the Philippines ) Baguio City, ) S.S. I, GRINGO UNASAN, of legal age, Filipino citizen and with residence and postal address at No. 69 Pinsao Pilot Surong, Baguio City, Philippines, under oath do hereby depose and state that: 1. I am the complainant in the above-entitled case and in my capacity as such have caused the preparation of the foregoing complaint, the contents of which I have read and are true and correct based on my personal knowledge and authentic records;

2. I hereby certify that I have not commenced any other action or proceeding involving the same issues as that of the present complaint, before the Supreme Court, the Court of Appeals or any other Court, tribunal, or agency; 3. Should I hereafter learn that a similar action or proceeding has been filed or is pending before any of the aforementioned courts, tribunals, or agencies, I undertake to report the same and the status thereof within five (5) days from notice thereof to the court or agency where this certification may be filed. In Witness Hereof, I have hereunto set our hands on this 14th day of February 2013 at Baguio City, Philippines.

GRINGO UNASAN Affiant Subscribed and sworn to before me this 14th day of February, 2013 at Baguio City, Philippines.

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