Republic of the Philippines

8TH Judicial Region

Municipal Trial Court
8th Judicial Region
TANAUAN LEYTE

Zyra Mae Antido Case No.: 987

Plaintiff, For: RECOVERY OF POSSESSION
AND OWNERSHIP OF REAL
-versus-
PROPERTY
Ardill Geos Dado
Defendant.
x-------------------------------------------------x
COMPLAINT

COMES NOW by Plaintiff through counsel unto this Honorable Court

respectfully alleges that:

1. Plaintiff is of legal age, married, Filipino citizen, and a resident

of Brgy. 71 Naga-Naga, Tacloban City, Leyte. For purposes of the
action, Plaintiff may be served with copies of our notices and
orders of the Honorable Court at the office address of the
undersigned counsel indicated below.
2. Defendant is also of legal age and residing at 118 Brgy. 71 Naga-
Naga, Tacloban City, he may be served with summonses and
other processes of the Honorable Court;

3. Plaintiff is the true owner of a certain parcel of land situated in

Brgy. Tugop, Tanauan, Leyte, Philippines, consisting of
approximately FOUR THOUSAND FIVE HUNDRED (4500 SQM)
SQUARE METERS and identified as Lot 1234 and covered by Tax
Declaration of Real Property No. 12345-67890 R12 of the
Municipal Assessor’s Office of the Municipality of Tanauan;
Machine copy of said Tax Declaration of Real Property No.
12345-67890 R12 is attached hereto as EXHIBIT “A”;

4. That the said parcel of land has an assessed value of only Three
Thousand Three Hundred Forty Pesos (P 3,400.00) based on
Tax Declaration of Real Property No. 12345-67890 R12 issued by
the Municipal Assessor’s Office of the Municipality of Tanauan
Last March 28, 2016 and based on the Real Property Tax Receipt
No. 1122334 dated March 28, 2016 in the payment of the Real
Property Tax. Copy of said Real Property Tax Receipt is
attached hereto as EXHIBIT “B”.

Antido vs Dado---Page 1 of 4---Recovery of Possession and Ownership of Real Property

 5. That since the assessed value of the property involved in the
above-entitled civil action does not exceed FIFTY THOUSAND (P
50,000.00) PESOS, exclusive original jurisdiction lies within the
Honorable Municipal Trial Court.

6. That Plaintiff bought the property from Lyle Tabaranza who

conveyed such property to herein Plaintiff Zyra Antido last June
15, 2006 as evidenced by a Deed of Confirmation of Sale with
Waiver executed by Lyle Tabaranza and Zyra Antido. A copy of
the Deed of Confirmation of Sale with Waiver duly notarized by
the Notary Public Atty. Glen De Luna under the notarial register
Doc. No. 381, Page No. 77, and Book No. III, Series of 2016 is
hereto attached as EXHIBIT “C”.

7. That on November 19, 2012 she mortgaged the said parcel of

land to Ardill Dado in the amount of Ten Thousand (P
10,000.00) Pesos to use the proceeds to finance personal
consumption.

8. That sometime in November 2013, Plaintiff recovered from her

financial instability and went to Ardill Dado to pay for the
amount of the mortgaged parcel of land and likewise to reclaim
possession over the said parcel of land. Unfortunately,
Defendant Dado for no justifiable reason willfully and
maliciously refused to accept the payment of the mortgage.

9. That the Plaintiff once again went to Defendant ado on July 4,

2014 to pay the amount of the mortgaged and to reclaim the
possession of the parcel of land, however Defendant still
willfully and maliciously refused to accept the payment of the
mortgage.

10. That herein Plaintiff continuously and repeatedly demanded

that Defendant to accept the payment and vacate and retur the
possession of the said parcel of land to the herein Plaintiff, but
despite numerous demands for him and his family to vacate,
Defendant has remained in illegal possession of the said land
and up to the present, still retain such possession.

11. That sometime on February 14, 2016, Plaintiff filed a complaint

against Dado before the Office of the Lupong Tagapamayapa of
Brgy. Tugop, Tanauan, Leyte for him to receive and accept the
payment of the mortgaged property. That despite due notice
for Mediation proceedings set on February 20, 2016. Defendant

Antido vs Dado---Page 2 of 4---Recovery of Possession and Ownership of Real Property

 still remains adamant in his failure to the said proceedings even
to the point of informing the tanod who delivered the summons
to just file the case against him. Copy of the Minutes of the
Mediation Proceeding on February 14, 2016 is attached hereto
as EXHIBIT “D”.

12. That despite the efforts to amicably settle their dispute before
the Office of the Lupong Tagapamayapa, mediation failed. A
Certificate to File Action was issued by the Office of the Lupong
Tagapamaya of Brgy Tugop, Tanauan, Leyte in relation thereto.
Copy of the Certificate to File Action is attached hereto as
EXHIBIT “E”.

13. That without any legal justification, Defendant continuously

refuses to accept payment and vacate the premises despite
repeated demands. A final demand dated July 4, 2016 was sent
through the assistance of the Barangay Chairman where the
Plaintiff deposited the amount of Ten Thousand Pesos (P
10,000.00) but Defendant once again willfully and maliciously
refused to accept the payment and return the possession of the
same to the Plaintiff. Defendant even informed the Barangay
Tanod Wendell Templado who served the letter to the
Defendant that he will just wait for a case against him be filed in
Court. Copy of the said demand letter is attached hereto as
EXHIBIT “F” and copy of the reply letter of Barangay Chairman
Nikkos Enage dated July 9, 2016 is likewise attached hereto as
EXHIBIT “G”

14. That the reasonable rental value of the said land is at least ONE
THOUSAND (P 1,000.00) PESOS per month.

15. 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 and this had to incur litigation
expenses of not less than Ten Thousand Peso (P 10,000.00)

PRAYER

WHEREFORE, PREMISES CONSIDERED, it is respectfully prayed

of this Honorable Court that after due consideration of the
pieces of evidence, judgment be rendered in favor of plaintiff:

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 1. Ordering the Defendant, his family, and all persons actim
under him, to vacate Lot 1234 and to peacefully turn over
the possession thereof to the Plaintiff;

2. Ordering the Defendant pay Plaintiff monthly rental at

the rate of One Thousand (P 1,000.00) Pesos per month
from the time the property was redeemed in 2013 to the
time possession is returned to the Plaintiff;

3. Ordering the Defendant to reimburse the Plaintiff for the

legal expenses incurred in the filing of this case in the
amount of not less than Ten Thousand Pesos (P
10,000.00);

4. It is likewise prayed unto this Honorable Court to order

Defendant to indemnify Plaintiff for attorney’s fees
pursuant to Rule X Section 35 of the Implementing Rules
and Regulations of Republic Act No. 9406 otherwise
known as an Act Reorganizing and Strengthening the
Public Attorney’s Office hereto stated to wit.
RULE X: Funding Source
xxx xxx xxx
Section 35. Creation of a Special Trust Fund. - The amounts
collected from the costs of the suit, attorney’s fees and contingent
fees imposed upon the adversary of the PAO clients after a
successful litigation, collectively referred to as Success Fees shall be
deposited to the BTr as a STF. The Chief Public Attorney shall
administer the STF which shall be used exclusively for the payment
of the special allowances to PAO Lawyers and Authorized PAO
Officials. For this purpose, the PAO shall immediately initiate the
creation of an account for the STF with the BTr.

All other remedies, just and equitable are also prayed for. Tacloban
City. December 7, 2018.

ATTY. CALEB P. CELLO

COUNSEL FOR Plaintiff
ACCEE & Partners LAW OFFICES
ABCD Building, Sagkahan St.
IBP No. 1122334/01-03-18/ Tacloban City.
PTR No. PL11223344B/01-03-18/ Palo, Leyte
Roll of Atty’s No. 0000/April 15, 20 11
MCLE Compliance No. V-0000002/ April 6, 2017
Email: emailaddress@yahoo.com

Antido vs Dado---Page 4 of 4---Recovery of Possession and Ownership of Real Property