Republic of the Philippines

MUNICIPAL CIRCUIT TRIAL COURT

Sixth Judicial Region
Cabatuan-Maasin
Cabatuan, Iloilo

SPOUSES ALEJANDRO AGUIRRE

and MA. DAHLIA AGUIRRE,
Plaintiffs,

- versus - CIV. CASE NO. _______

FOR: RECOVERY OF OWNERSHIP
AND POSSESSION OF REAL
PROPERTY WITH DAMAGES

SPOUSES EDUARDO AND ANGELITA VUELGA,

SPOUSES JESSIE AND ANALYN MEJARES,
a.k.a. NOCNOC VUELGA, and ROQUITA
ARROYO-LABITORIA
Defendants.
x---------------------------------------------x

COMPLAINT

COME NOW, the Plaintiffs through the undersigned

Counsel and unto this Honorable Court, most respectfully
allege that:

1. PLAINTIFFS-SPOUSES ALEJANDRO AGUIRRE and MA.

DAHLIA RABAGO AGUIRRE are both of legal age,
married to each other, Filipinos and residents of Rizal
Ilaya St., Cabatuan, Iloilo, Philippines whereby Plaintiff-
Spouse Alejandro Aguirre is hereby duly represented by
his spouse MA. DAHLIA RABAGO AGUIRRE, his attorney-
in-fact, who can be served with summons and other
court processes at the above-stated address, hereto
attached is the Special Power of Attorney as Annex A
 and is hereby being made an integral part of this
Complaint;

2. DEFENDANTS SPOUSES EDUARDO AND ANGELITA

VUELGA are also of legal age, Filipino, married to each
other and residents of Rizal Ilaya St., Cabatuan, Iloilo,
Philippines where they may be served with summons
and other judicial processes;

3. DEFENDANTS SPOUSES JESSIE AND ANALYN MEJARES

are also of legal age, Filipino, married to each other and
residents of Rizal Ilaya St., Cabatuan, Iloilo, Philippines
where they may be served with summons and other
judicial processes;

4. DEFENDANT a.k.a. NOCNOC VUELGA is also of legal

age, Filipino, and a resident of Brgy. Amirang, Cabatuan,
Iloilo, Philippines where he may be served with
summons and other judicial processes;

5. DEFENDANT ROQUITA ARROYO-LABITORIA is also of

legal age, Filipino, with last known address at Imperial
Homes Subdivision, North Fundidor, Molo, Iloilo City,
Philippines, and is temporarily staying outside of the
Philippines and residing in the United States of America;

6. Plaintiffs are the lawful owners of two (2) parcels of

land, more particularly described as follows:

TRANSFER CERTIFICATE OF TITLE NO. 090-

2014007431

A PARCEL OF LAND (LOT 1197-B-7, PSD-06-078339,

BEING A PORTION OF LOT 1197-B, PSD-67036), SITUATED
IN THE BARANGAY OF AMIRANG, MUNICIPALITY OF
 CABATUAN, PROVINCE OF ILOILO, ISLAND OF PANAY. xxx
containing an area of ONE THOUSAND THREE HUNDRED
THREE(1,303) SQUARE METERS, more or less.

TRANSFER CERTIFICATE OF TITLE NO. 090-

2014007432

A PARCEL OF LAND (LOT 1197-B-6, PSD-06-078339,

BEING A PORTION OF LOT 1197-B, PSD-67036), SITUATED
IN THE BARANGAY OF AMIRANG, MUNICIPALITY OF
CABATUAN, PROVINCE OF ILOILO, ISLAND OF PANAY. xxx
containing an area of ONE THOUSAND THREE HUNDRED
THREE(1,303) SQUARE METERS, more or less.

, copies of the said titles are hereto attached and

marked as Annexes B and C and are hereby
being made integral parts of this Complaint;

7. Lot 1197-B-6 has an assessed value of Two Thousand

Two Hundred and Thirty Pesos (P2,230.00) as provided
by its recent Tax Declaration dated August 22, 2014, a
copy of which is hereto attached and marked as Annex
D and is hereby being made as an integral part of
this Complaint;

8. Likewise, Lot 1197-B-7 has an assessed value of Two

Thousand Two Hundred and Thirty Pesos (P2,230.00) as
provided by its recent Tax Declaration dated August 22,
2014, a copy of which is hereto attached and marked as
Annex E and is hereby being made as an integral
part of this Complaint;

9. The said parcels of land were originally adjudicated to

the vendors Ciriaco Marcon and Leona Marcon-Navio
 executed by their mother Antonina Baesa which was
entered with Document No. 359, Page 39, Book No. IX,
Series of 2010 in the Notarial Registry of Atty. Hypte M.
Correa, a copy of the said Deed of Adjudication is
hereto attached as Annex F and is hereby being
made an integral part of this Complaint;

10. By virtue of said adjudication of the subject

property, the same were transferred in the names of
herein vendors Ciriaco Marcon and Leona Marcon-Navio,
thus, Lot Nos. 1197-B-7 and 1197-B-6, respectively;

11. Thereafter, Plaintiffs, by virtue of two (2) Deeds of

Sale from the vendors and then owners of the subject
property, namely, Ciriaco Marcon and Leona Marcon-
Navio, sold said property to herein Plaintiffs first on
October 10, 2010 for Lot No. 1197-B-7 from Ciriaco
Marcon and on June 26, 2012 for Lot No. 1197-B-6 from
Leona Marcon-Navio and said property were then
covered by Transfer Certificate of Title No. T-205399,
copies of the said Deeds of Sale are hereto attached
and marked as Annexes G and H, respectively,
and are hereby being made integral parts of this
Complaint;

12. Herein Plaintiffs and vendors agreed that the latter

will also undertake the processing of the titles and
registration in order to transfer the same under the
names of herein Plaintiffs;

13. However, new titles over the partitioned subject

property were not yet transferred under the names of
the vendors Ciriaco Marcon and Leona Marcon-Navio
from its original and mother title;
14. Even then, Plaintiffs already noticed that
Defendants Spouses Vuelga, Mejares and Nocnoc
Vuelga were already occupying and were taking
possession over the subject parcels of land;

15. This prompted Plaintiffs to inquire from the

vendors if whether or not the Defendants were
authorized to occupy and possess said subject parcels
of land;

16. Herein vendors assured, however, that the subject

parcels of land are free from any encumbrances and it
was even shown in their titles that, in fact, there were
no annotations, whatsoever, of any encumbrance over
the subject parcels of land;

17. Eventually, on May 23 2012, subject Lot No. 1197-

B-7 was then transferred under the name of Ciriaco
Marcon and covered by Transfer Certificate of Title No.
090-2013001470 and subject Lot No. 1197-B-6 was
then transferred under the name of Leona Marcon-
Navio and covered by Transfer Certificate of Title No.
090-2013001469, copies of the above-mentioned Titles
are hereto attached and marked as Annexes I and
J, respectively, and are being made integral parts of
this Complaint;

18. Thereafter, Plaintiffs and vendors Ciriaco Marcon

and Leona Marcon-Navio agreed to execute another
Deed of Sale over the subject parcels of land in order to
correspond with the latest Transfer Certificates of Title
over the subject parcels of land and likewise to cover
the expenses in the processing of titling and
registration of the subject property and transfer the
 same under the names of herein Plaintiffs which was
earlier agreed by herein vendors and Plaintiffs and to
which did not materialize at the onset of the sale;

19. On July 5, 2012, however, Defendants Spouses

Vuelga, Spouses Mejares, and Nocnoc Vuelga, through
their counsel, sent a copy of a letter explaining that it
was Defendant Roquita Arroyo-Labitoria who is the
actual owner of the subject parcels of land and that
they were authorized by her to possess the said parcels
of land, a copy of the said Letter is hereto attached and
marked as Annex K and is hereby being made an
integral part of this Complaint;

20.Plaintiffs again inquired from herein vendors regarding

such allegation but again, they assured Plaintiffs that
the subject property is free from any liens or
encumbrances and that any agreement made between
them and Defendant Arroyo-Labitoria did not, in any
way, come into existence as there was failure on the
part of Defendant Arroyo-Labitoria to pay the full
consideration of their contract, a copy of a Deed of
Extrajudicial Partition and Absolute Sale is hereto
attached and marked as Annex L and is hereby
being made an integral part of this Complaint;

21. On March 11, 2014, vendor Leona Marcon-Navio

and herein Plaintiffs executed the agreed Deed of Sale
over the subject Lot No. 1197-B-6 in order to
correspond with the new Transfer Certificate of Title, a
copy of the Deed of Sale is hereto attached and marked
as Annex M and is hereby being made an integral
part of this Complaint;
22.On March 25, 2014, vendor Ciriaco Marcon and herein
Plaintiffs executed the agreed Deed of Sale over the
subject Lot No. 1197-B-7 in order to correspond with
the new Transfer Certificate of Title, a copy of the Deed
of Sale is hereto attached and marked as Annex N
and is hereby being made an integral part of this
Complaint;

23.Prior to the consummation of the above-mentioned

sales, herein Defendants were already occupying and
possessing the above-mentioned subject parcels of
land but herein Plaintiffs were informed by the vendors
that Titles over the said parcels of land were
unencumbered and that there were no adverse
claimants over the said subject property;

24.True to what the vendors informed herein Plaintiffs,

there were actually no encumbrance on the Titles of
the said property and thereafter, Plaintiffs successfully
made the transfer of the Titles of the subject property
to their names, copies of the said Transfer Certificates
of Title are hereto previously attached and marked as
Annexes B and C;

25.Plaintiffs, as new owners of the subject property, orally

demanded Defendants to vacate the said property in
order for the Plaintiffs to possess and occupy their
newly-acquired property;

26.Defendants, however, refused to vacate the said

property on the belief that they were allowed to occupy
and possess the said property by their assumed owner
Defendant Roquita Arroyo-Labitoria who were,
allegedly, issued a Deed of Extrajudicial Partition and
 Absolute Sale by the vendors Ciriaco Marcon and Leona
Marcon-Navio over the said property in the amount of
Four Thousand Pesos (P4,000.00), a copy of the said
Deed of Extrajudicial Partition and Absolute Sale has
already been previously marked herein as Annex O;

27.However, the said amount of Four Thousand Pesos

(P4,000.00) was not fully paid and hence, there was no
consummated sale to speak of and as such is the main
reason why the said encumbrance was not annotated
in the Titles of the subject property;

28.Plaintiffs also served their written demand to vacate

the subject property upon the Defendants and
engaged the services of the undersigned counsel in
order to assert and protect their rights over the said
property but despite the written demand to vacate,
Defendants deliberately refused to vacate the
premises of the subject property despite their receipt
of said written demand to vacate, copies of the
respective Demand Letters are hereto attached and
marked as Annexes P, Q, R, and S and are
hereby being made integral parts of this Complaint;

29.Deprived of their rights as owners of the subject

property, Plaintiffs then referred the issue to the Office
of the Punong Barangay of Brgy. Zone IV, Rizal Ilaya
St., Cabatuan, Iloilo, where the parties were gathered
to discuss the settlement of their dispute, to which
Defendants refused to be settled in the barangay
conciliation proceedings and maintained to just refer
this instant action in a court of proper jurisdiction,
hence, no settlement was reached, a copy of the
 Certification dated December 9, 2014 issued by the
Office of the Punong Barangay of Brgy. Zone IV, Rizal
Ilaya St. of Cabatuan, Iloilo is hereto attached and
marked as Annex T and is hereby being made an
integral part of this Complaint;

30.The possession of the Defendants of the above-

mentioned property of the Plaintiffs is illegal, unlawful
and unjust upon their deliberate refusal to vacate the
said property despite several oral demands and the
written demand made by the Plaintiffs upon them, in
violation of the rights of the Plaintiffs and in violation of
the law;

31. Due to the illegal act of the Defendants of refusing

to vacate the subject property, herein Plaintiffs were
compelled to engage the services of the undersigned
counsel for the amount of One Hundred Thousand Pesos
(P100,000.00) as attorneys fees and the amount of
Twenty Thousand Pesos (P20,000.00) as litigation and
appearance expenses in the amount of Three Thousand
Pesos (P3,000.00) for every scheduled date of hearing,
a copy of a Retainers Contract is hereto attached and
marked as Annex U and is being made an integral
part of this Complaint; and,

32.Defendants should also be liable to the Plaintiffs the

amount of rentals accrued corresponding to the
reasonable use of Lot Nos. 1197-B-7 and 1197-B-6
since the acquisition of the subject property in October
1, 2010 for Lot No. 1197-B-7 and in June 26, 2012 for
Lot No. 1197-B-6 and until such time that Defendants
have vacated the said property.
 PRAYER

WHEREFORE, premises considered it is most

respectfully prayed after due notice and hearing that
judgment be rendered in favor of the Plaintiffs and against
the Defendants by declaring that the Plaintiffs are the true
and lawful owners of the subject parcels of land Lot Nos.
1197-B-7 and 1197-B-6 and ordering Defendants Spouses
Alejandro and Angelita Vuelga, Spouses Jessie and Analyn
Mejares, a.k.a. Nocnoc Vuelga:

1. To vacate the subject property Lot Nos. 1197-B-7 and

1197-B-6;

2. To pay Attorneys Fees in the amount of One Hundred

Thousand Pesos (P100,000.00) as attorneys fees and
the amount of Twenty Thousand Pesos (P20,000.00)
as litigation and appearance expenses in the amount
of Three Thousand Pesos (P3,000.00) for every
scheduled date of hearing; and,

3. To pay the amount as payment of rentals for the

reasonable use of Lot Nos. 1197-B-7 and 1197-B-6
since the acquisition of the subject property in
October 1, 2010 for Lot No. 1197-B-7 and in June 26,
2012 for Lot No. 1197-B-6 and until such time that
Defendants have vacated the said property.

Plaintiffs further pray for such other reliefs as are just

and equitable under the premises.

Iloilo City, Philippines, _______________2014.

JALBUNA-CATALUA LAW OFFICE

Counsel for Spouses Alejandro and Ma. Dahlia Aguirre
Suite 202, Second Floor, Lolita Building
Corner General Luna Quezon streets, Iloilo City
Tel. No. (033) 337-1973

BY:

ATTY. GUALBERTO V. CATALUA, JR.

gvcatalunajr1@gmail.com
IBP NO. 941630, 1/03/14, Iloilo City
PTR NO. 2311591, 1/02/14, Janiuay, Iloilo
ROLL OF ATTORNEYS NO. 35667
MCLE Comp. No. IV-0004775, 3/2/12