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REPUBLIC OF THE PHILIPPINES

Municipal Trial Court


BRANCH 6, CEBU CITY
7TH JUDICIAL REGION

PRIMARY STRUCTURES CONSTRUCTION


CORPORATION,
Plaintiff,

CIVIL CASE NO. ______________________


FOR: UNLAWFUL DETAINER
WITH PRAYER FOR PRELIMINARY
MANDATORY INJUNCTION AND
DAMAGES

-versusARTURO CHOI,
and all persons claiming rights under him,
Defendants.

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

VERIFIED COMPLAINT
PRIMARY STRUCTURES CONSTRUCTION CORPORATION, by
counsel, and unto this Honorable Court, most respectfully alleges that:
1. Plaintiffs, represented by Ms. Rose Tan-Ong, Filipinos, of legal age,
and residents of #65 R. Landon St., Cebu City, Philippines. For purposes
of this action, Plaintiff may be served with copies of notices, orders, and
other processes of this Honorable Court at the office address of the
undersigned counsel indicated below;
2. Defendant, ARTURO CHOI is also all of legal age, Filipino, and for
purposes of this action, he may be served with summons and other
processes of this Honorable Court at his residence and post-office
address at Blk. 288, Lot 6, Somerset Tower BII, Osmena Blvd, Cebu City,
Philippines;
3. Plaintiff is the true and registered owner of a certain
condominium unit of land situated in Somerset Towers, Osmena Blvd,
Cebu City, Philippines, consisting of approximately Ninety-Seven (97)
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square meters, and identified as Lot 6, Blk. 288 and covered by Transfer
Certificate of Title No. 2272541 of the Registry of Deeds of the City of
Cebu;
4. The Plaintiffs desiring of establishing their own family, and
building a home close to their place of work, bought the lot subject
matter of the instant complaint from Mr. Clarito Lim (Mr. Lim), as
evidenced by a Deed of Absolute Sale2 dated ________________.
5. Prior to the sale, and sometime in the 2010, Defendant, Arturo
Choi and his family began to be in possession of the said property, by
virtue of the generosity and charity of Mr. Arturo Choi, as he had no
immediate need of the said property at that time;
6. That on 16 April 20103, Mr. Lim notified the Defendants of his
intention to sell the said property, wherein he offered the same to the
Defendants should they be interested to buy the same and conversely to
vacate the same should they not be interested.
7. The Defendants did not respond to Mr. Lims Notice. As such, the
land subject matter of the instant complaint was sold to the Plaintiffs.
8. On 28 July 2012, The Defendants through Mr. Arturo Choi entered
into a Kasunduan with the Plaintiffs, as the new owners of the land,
wherein they agreed to vacate the land on 24 November 2012.
9. Thereafter, the Defendants approached the Plaintiffs and asked
for another grace period within which to vacate the said lot. The
Plaintiffs, as an act of mercy and goodwill, acceded to the request and
agreed to move the previous deadline to 15 February 2013, as
embodied in the Kasunduan dated 10 November 2012.
10.
The Defendants, however, failed to vacate the lot on the
above-stated date, and again begged the Plaintiffs for another extension
of time to vacate. Plaintiffs again granted the request and moved the
deadline to the 31 March 2013.
11.
In order to protect their interest, the Plaintiffs asked the
Defendants to sign a new Kasunduan embodying the new deadline.
However, for reasons unknown to the Plaintiffs, Defendants unjustly
refused to sign and enter into a new Kasunduan.
1
2
3

Copy of TCT No. 227254 attached as Annex A.


Copy of the Deed of Absolute Sale is attached as Annex B
Copy of the Paunawa dated 16 April 2009 is attached as Annex B.

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12.
As a consequence, Plaintiffs filed a complaint against the
Defendants before the Office of the Barangay Chairman of Brgy. Pabo
Real. As a result, the Barangay summoned the Defendants to appear
before the Lupon Tagapamayapa.
13.
The Defendants, during the mediation proceedings before
the Lupon Tagapamayapa, entered into another Kasunduan4,
embodying the new deadline requested by the Defendants, i.e. 31 March
2013.
14.
In addition, as part of the above-stated settlement, the
Plaintiffs agreed to give the Defendants twenty thousand pesos
(P20,000.00). As agreed upon, the amount was deposited with the
Barangay for safekeeping, to be given to the Defendants when they will
vacate the lot on 31 March 2013.
15.
Unfortunately, the Defendants again refused to vacate the
premises on the date agreed upon in the settlement. They again asked
for another extension, i.e. after the May 2013 Elections.
16.
In addition, the Defendants demanded that the amount of
fifty thousand pesos (P50,000.00) instead of the original amount of
twenty thousand pesos (P20,000.00) agreed upon in the settlement.
They reasoned that the original amount was too small and not enough
for their family.
17.
The Plaintiffs, tired of the repeated breaches of the
Defendants, asked the Barangay for assistance. The Barangay, again
initiated and conducted another series mediation proceeding before the
Lupon Tagapamayapa.
18.
Unlike the previous mediation proceedings, it did not yield
any positive result, as the parties failed to reach a reasonable and
amicable settlement of the dispute. Hence, the Lupon Tagapamayapa
issued in favor of the Plaintiffs, a Certificate to File Action5.
19.
The Plaintiffs then engaged the services of the undersigned
counsel. Still desirous to settle the case out of court, Plaintiffs through
counsels liaison officer, Mr. Paul Villanueva, personally served a
Demand/Notice to Vacate6 to the Defendants on 26 December 2013.

4
5
6

Copy of the Kasunduan dated 08 March 2013 is attached as Annex D.


Copy of the Certificate to File Action dated 04 October 2013 is attached as Annex F.
Copy of the Notice to Vacate dated 26 December 2013 is attached as Annex G

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20.
Defendants, however, ignored the above-described
Demand/Notice to Vacate. As a result, a Final Demand/Notice7 to Vacate
was personally served to the Defendants on 07 January 2014 by the
Counsels liaison officer8. Similarly, the said letter was ignored by the
Defendants.
21.
While possession by tolerance is lawful, such possession
becomes illegal upon demand to vacate is made by the owner and the
possessor by tolerance refuses to comply with such demand (Prieto vs.
Reyes, 14 SCRA 432; Yu vs. De Lara, 6 SCRA 786, 788; Isidro vs. Court of
Appeals, G.R. No. 105586, December 15, 1993);
22.
A person who occupies the land of another at the latter's
tolerance or permission, without any contract between them, is
necessarily bound by an implied promise that he will vacate upon
demand (Yu vs. De Lara, supra, cited in Sumulong vs. Court of Appeals,
G.R. No. 108817, May 10, 1994);
23.
That the reasonable rental value of the said land is ten
thousand pesos (PhP 10,000.00) per month;
24.
That due to the unjust refusal of the Defendant to vacate
and to return the said land to the Plaintiff, the latter was constrained to
endorse the said matter to its legal counsel for the filing of an
appropriate action in court for a fee of fifty thousand pesos (PhP
50,000.00).
25.
That this action is being filed within a period of one (1) year
from the demand on Defendant to vacate the said property.

ALLEGATIONS IN SUPPORT OF THE PRAYER FOR ISSUANCEOF A


WRIT OF PRELIMINARY MANDATORY INJUNCTION
1. Plaintiffs re-plead by reference all of the foregoing allegations as
may be material and relevant under this heading;
2. Defendant's continued illegal occupation of the said parcel of land
and refusal to vacate the same and to peacefully surrender possession
thereof to herein Plaintiff is working grave injustice and causing damage
to the latter;
7

H
8

Copy of the Final Demand/Notice to Vacate date 07 January 2014 is attached as Annex
Copy of Mr. Paul Villanuevas Affidavit of Service is attached as Annex I

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3. The Plaintiffs, due to the unwarranted and unjust refusal of the


Defendants to vacate the premises, is unable to utilize the said lot and
build a home, where they intend to establish and build a family of their
own.
4. Plaintiffs are entitled to the reliefs demanded, and the whole or
part of such relief consists in the immediate delivery and surrender by
the defendants of possession of the land to the Plaintiff, to build thereon
a house they can call their home;
5. In the event that a writ of preliminary mandatory injunction is
granted to Plaintiff, she is ready, willing and able to post a bond to
answer for all damages Defendant may sustain by reason of said
injunction if the court should finally decide that Plaintiff is not entitled
thereto.
PRAYER
WHEREFORE, it is most respectfully prayed that, after due
hearing, judgment be rendered in favor of the plaintiffs:
a)
Ordering the Defendant, his family, successors, assigns and
all persons acting under him, to vacate Blk. 288, Lot 6, Brgy. Pabo Real,
Cebu City, that is covered by Transfer Certificate of Title No. 227254 of
the Registry of Deeds of the City of Cebu and to peacefully turn over the
possession thereof to the Plaintiff;
b)
Ordering Defendant to pay Plaintiff monthly rental at the
rate of P10,000.00 per month from the time of the filing of this action to
the time possession is returned to the Plaintiff;
c)
Ordering Defendant to pay Attorney's Fees in the amount of
P60,000.00, and to pay cost of suit;
d)
That pending the outcome of the instant case, a writ of
preliminary mandatory injunction be immediately issued ordering the
Defendant, his family, successors, assigns and all persons acting under
him, to immediately vacate the said parcel of land and return possession
of the same to the Plaintiff.

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Other reliefs just and equitable under the premises are likewise
prayed for.
Cebu for Cebu City, 27 January 2014.

ATA-LABISIG-DIAMBRANG LAW OFFICE


Unit 404, 4th Floor, The Gregorian Bldg.
2178 Osmena Blvd, Cebu City
Tel. No.: (02) 353 8269
E-mail: info@atlabrang-lawoffice.net
BY:

ATTY. WELLA JANE D.ATA


Counsel for the Plaintiff
Roll No. 62254
IBP Lifetime No. 012243
PTR No. 2526871; 01/07/14; Cebu
MCLE Compliance No. N/A (signed roll 4/26/13)

ATTY. HANSARD C. LABISIG


Counsel for the Plaintiff
Roll No. 59212
IBP Lifetime No. 012260
PTR No. 2526872; 01/07/2014; Cebu
MCLE Compliance No. IV-0019395; 29 April2013

ATTY. JALAINI DIAMBRANG


Counsel for the Plaintiff
Roll No. 675879
IBP Lifetime No. 012260
PTR No. 2526872; 01/07/2014; Cebu
MCLE Compliance No. IV-0019395; 29 April2013

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REPUBLIC OF THE PHILIPPINES)


City of Cebu

)S.S.

VERIFICATION AND CERTIFICATION AGAINST NON-FORUM


SHOPPING
I, Ms. ROSE TAN-ONG, representing PRIMARY STRUCTURES
CONSTRUCTION CORPORATION, of legal age, Filipino, and residents of
#65 R. Landon St., Cebu City, after being sworn in accordance with law,
hereby depose and say that:
1. We are the Plaintiffs in the above-entitled case;
2. We have caused the preparation of the above Complaint, and have
read the same and know the contents thereof;
3. The allegations contained therein are true and correct of our own
personal knowledge, and based on authentic records.
4. We have not theretofore commenced any other action or
proceeding or filed any claim involving the same issues or matter in any
court, tribunal, or quasi-judicial agency and, to the best of our knowledge,
no such action or proceeding is pending therein;
5. If we should thereafter learn that the same or similar action or
proceeding has been filed or is pending before the Supreme Court, the
Court of Appeals, or any other tribunal or quasi-judicial agency, I
undertake to report such fact within five (5) days therefrom to the court
or agency wherein the original pleading and sworn certification
contemplated herein have been filed.

27th

IN WITNESS WHEREOF, We have hereunto set our hands this


of January 2014 at the City of Cebu, Philippines.

AMANDA ROSE TAN-ONG


Affiant

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SUBSCRIBED AND SWORN to before me, this 27th of January


2014 in the City of Cebu, by:
Name
AMANDA ROSE TAN-ONG
CLARITO C. LIM

Identification No.
Drivers License
No. ____________
Drivers License
No. ____________

Valid Until

Both of whom I have identified through competent evidence of identity.

ATTY. CLEMENTE I. BEAUTY


NOTARY PUBLIC
UNTIL SEP. 13, 2016
ATTYS ROLL NO 87980
IBP NO. 345654 JANUARY 2013
ISSUED AT CEBU CIT

Doc. No. ______;


Page No. ______;
Book No. ______;
Series of ______;

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AFFIDAVIT OF MERIT
I,
AMANDA ROSE TAN-ONG, representing PRIMARY
STRUCTURES CORPORATION, of legal age, Filipino, and residents of #65
R. Landon St., Cebu City, after being sworn in accordance with law,
hereby depose and say that:
1.
That we are the plaintiffs in the above-captioned case filed
against Arturo Choi, before the Municipal Trial Court of Cebu City,
Philippines;
2.
That we are the true and registered owners of a certain
parcel of land situated in Blk. 288, Lot 6, Brgy. Pabo Real, Cebu City and
covered by Transfer Certificate of Title No. 227254 of the Registry of
Deeds for the City of Cebu;
3.
That since the 1990s, Defendants and their family began to
be in possession of the said property upon the mere tolerance of the
previous owner thereof, as he had no immediate need of the said
property at that time;
4.
That on 26 December 2013, and 07 January 2014, We
demanded from the Defendants that they and their family vacate and
return the possession of the said property, but despite numerous
demands for them to vacate, the Defendants have remained in illegal
possession of the said land and, up to the present, still retain such
possession;
5.
That the reasonable rental value of the said land is Twenty
Thousand Pesos (P 20,000.00) per month;
6.
That Defendants continued illegal occupation of the
property and refusal to vacate the same and to peacefully surrender
possession thereof is working grave injustice and causing damage to the
undersigned;
7.
That we are entitled to the reliefs demanded in my
complaint, and the whole or part of such relief consists in the immediate
delivery and surrender by the Defendant of possession of the land to the
undersigned;
8.
That in the event that we are granted a writ of preliminary
mandatory injunction, we are ready, willing and able to post a bond to
answer for all damages that the Defendant may sustain by reason of said
injunction if the court should finally decide that we are not entitled
thereto.
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IN WITNESS WHEREOF, We have hereunto set our hands this


27th of January 2014 at the City of Cebu, Philippines.

AMANDA ROSE TAN-ONG


Affiant
SUBSCRIBED AND SWORN to before me, this 27th of January
2014 in the City of Cebu, by:
Name
Pierce Bryan Badidles
Anna Lisa Solis-Badidles

Identification No.
Drivers License No.
____________
Drivers License No.
____________

Valid Until

both of whom I have identified through competent evidence of identity.

ATTY. CLEMENTE I. BEAUTY


NOTARY PUBLIC
UNTIL SEP. 13, 2016
ATTYS ROLL NO 87980
IBP NO. 345654 JANUARY 2013
ISSUED AT CEBU CITY

Doc. No. ______;


Page No. ______;
Book No. ______;
Series of ______;

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