Republic of the Philippines

REGIONAL TRIAL COURT

THIRD JUDICIAL REGION
BRANCH ___
City of Malolos, Bulacan
RODOLFO R. ZALAMEA
and CESAR R. ZALAMEA
Plaintiffs,
- versus -

CIVIL CASE NO. __________

For: Recovery of
Possession w/
Damages.

RAYMOND SANTIAGO, &

All
persons claiming
Rights under him.
Defendant.
x----------------------------------------x

C O M P L A I N T
PLAINTIFFS, by counsel to this Honorable Court most
respectfully state:
1.) Plaintiffs, Rodolfo R. Zalamea and Cesar R. Zalamea,
are both of legal ages, married, Filipinos and residents of 323 E.
Ramos St. Bagbaguin, Sta. Maria, Bulacan, respectively, while
defendant, Raymond Santiago, is likewise of legal age, Filipino
and a resident of 323 E. Ramos St. Bagbaguin, Sta. Maria, Bulacan
where they can be served with summons and other legal
processes;
2.) Plaintiffs are the absolute owner of a parcel of land
covered by TCT No.040-2012014457 situated at Bo. Of
Bagbaguin, Municipality of Sta. Maria Province of Bulacan and is
declared for taxation purposes under their name; (copies of said
title and Tax Declaration are hereto attached as Annex A and
A-1 respectively);
3.) That the subject property has an assessed value of One
Hundred Seventy Eight Thousand Four Hundred (P 178, 400.00)
Pesos.
4.) Defendant for a period of time has been occupying a
portion of the plaintiffs lot with their knowledge and tolerance
since the former is a nephew and the latter at that time have no
intention of using the said occupied portion lot, however last year,

plaintiffs deemed it wise to take over possession of the same

hence, tolerance has been withdrawn and this at first was
personally relayed to defendant but he arrogantly ignored said
request for him to vacate.
5.) On August 23, 2013 plaintiffs thru counsel Atty. Rolando
Dazzle Ty made a written demand upon the defendant, for him to
vacate the subject lot; (copy of Notice to Vacate, and Return Card
hereto attached as Annex B, B-1respectively)
6.) That to the chagrin and consternation of the plaintiffs,
defendant ignored and refused and continuously ignores and
refuses to vacate the area despite demand and even
contumaciously challenge with arrogance the claim of the
plaintiffs;
7.) That serious effort to settle this case was undertaken
since the defendant is a relative but to no avail;
8.) That this case was referred to the Barangay for
Conciliation but same proved futile; (copy of Certificate of File
action hereto attached as Annex C)
9.) That due to defendants continuous unlawful possession
of the lot, and in order to protect their rights and interest over the
property, plaintiffs were forced to engage the services of counsel
and agreed to pay him P70,000.00 as Attorneys fee plus
P3,000.00 appearance fee;
10.) That by reason of illegal occupation of the lot by the
defendant, plaintiffs are being deprived of income from the same.
PRAYER
WHEREFORE, it is most respectfully prayed that judgment
be rendered in favor of the plaintiffs and against the defendant to
wit;
1.) Declaring the defendants occupation to the subject land
illegal;
2.) Ordering the defendant and all persons claiming rights
under him to immediately vacate and surrender the physical
possession of the land to the herein plaintiffs;
3.) Ordering the defendant to pay plaintiffs actual and
necessary damages in the amount of P50,000.00.
4.) Ordering defendant to pay Attorneys fee plus cost of the
suit.

Other reliefs just and equitable under the premises are

likewise being prayed for.
City of San Fernando, Pampanga, for City of Malolos,
Bulacan, December 23, 2014.
YAMBAO LAW OFFICE
3 Floor C.L.K. Bldg., Dolores,
City of San Fernando, Pampanga
Counsel for the Plaintiffs
rd

BY:
BENJAMIN M. YAMBAO
PTR No. 2248819/ 1-02-2014
IBP No. 931515 / 1-02-2014
Roll No. 26124
MCLE Compliance No. IV-0008031
Dated 09 September 2012
Tel. Fax No. (045) 961-0279