Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
____________________________
Branch ____

__________________________________________,
Plaintiffs.
– versus – Civil Case No.____________
For: Damages
_________________________________________,
Defendant.
x-------------------------------------------x

COMPLAINT

PLAINTIFFS assisted by the undersigned counsel and unto this

Honorable Court respectfully states:

1) That the plaintiffs ______________________________________. Meanwhile,

defendant is _________________________________ where he may be
served with summons and other court processes;

2) The plaintiffs are the owners of a house and lot located at the
above-given address, as evidenced by TCT No.
__________________________________. The defendant is the owner of the
house and lot adjacent to the property of the plaintiffs. As adjacent
lot owners, the properties of the plaintiffs and defendant share a
common wall.

3) That the defendant failed to install his own firewall at the rear
side of his property, as required by Section 804.10.C of P.D. 1096
(National Building Code), thus prompting the plaintiffs to file a
report/complaint against defendant before the Engineering Office
of Marikina City;

4) That defendant was notified that he must install the required

firewall. However, the defendant failed to comply and a complaint
was filed against him for violation of PD 1096. A copy of the
complaint-affidavit is attached hereto as Annex “A”;

5) Despite the complaint filed by the Engineering Office, defendant

continuously refused to comply and even attached a roof slab to
the common wall shared with the plaintiff’s property. The
attached his roof slab to the common wall did not have adequate

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 water outlet. Copy of the photographs showing the attachment of
the roof slab to the common wall is attached hereto as Annex “B”
and series;

6) The improper installation of the roof slab, and the fact that the
same does not have an adequate water outlet causes accumulated
water to seep into the property of the plaintiffs;

7) The water enters through walls of the kitchen of the plaintiffs’

house and even caused water to seep into the electricity breaker
found therein. This posed hazard to the safety of the plaintiffs and
they were compelled to have the electricity breaker transferred to
another position. Copy of the photograph showing the seeping
water as well as photographs of the kitchen are attached hereto as
Annex “C” and series;

8) The plaintiffs were then compelled to hire the services of a

foreman to determine the probable cause of the seeping water
and they were informed that it was due to the roof slab attached
by the defendant to the common wall;

9) Upon discovering this fact, the plaintiffs sought the intervention of

Barangay Parang to try to discuss the matter amicably with the
defendant. However, defendant refused to appear despite several
notices. A certification to file action was issued in favor of the
plaintiffs and a copy of which is attached hereto as Annex “D”;

10) Aside from asking for intervention of barangay officials, plaintiffs

also sent a demand letter to the defendant asking him to remove
the roof slab attached to the common wall and to pay the plaintiffs
for the damages he had caused. A copy of the demand letter is
attached hereto as Annex “E”. Notwithstanding, defendant still
refused to cooperate. Plaintiff therefore has no other recourse but
to file this complaint;

FIRST CAUSE OF ACTION

11) That due to the unlawful acts of defendant, the plaintiffs were
compelled to enlist the services of an engineer to inspect the
cause of the damage to their property and to give an on the total
amount of damages caused. The report of the engineer yielded a
finding of damages amounting to TWO HUNDRED NINETEEN
THOUSAND EIGHT HUNDRED EIGHTY EIGHT PESOS AND
FIFTEEN CENTAVOS (Php 219,888.15). Defendant should
therefore reimburse the plaintiffs the foregoing amount for repair

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 and material expenses plus the amount of TWENTY THOUSAND
PESOS (Php 20,000) as professional fee of the engineer;

12) That defendant is liable to pay complainants for the damages

caused, pursuant to the provisions of Articles 20 and 21 of the
Civil Code which states:

“Article 20. Every person who, contrary to law,

wilfully or negligently causes damage to
another, shall indemnify the latter for the
same.

Article 21. Any person who wilfully causes loss

or injury to another in manner that is
contrary to morals, good customs or public
policy shall compensate the latter for the
damage.”

SECOND CAUSE OF ACTION

13) In view of the unjustified failure and refusal of the defendant to

comply with his legal obligation, despite demand; plaintiffs
suffered mental anxiety, anguish and sleepless nights.
Respondents should therefore be made liable for moral damages
in the amount of Php 200,000.00.

THIRD CAUSE OF ACTION

14) In view of the unjustified failure and refusal of the defendant to

comply with his legal obligation, the complainants were
compelled to engage the services of counsel and to file this
complaint to protect their rights and interests, thus incurring legal
expenses in the amount of Php 50,000.00 as attorney’s fees and
Php 5,000.00 as appearance fee per hearing. Respondents should
therefore be made to pay legal expenses and the costs of suit.

WHEREFORE it is respectfully prayed that after hearing judgment

be rendered in favor of plaintiffs and against defendant ordering:

a) Defendant to pay actual damages amounting to Php 239, 888.15;

b) Defendant to pay moral damages amounting to Php 200,000.00;

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 c) Ordering defendants to pay plaintiff Php 50,000 for attorney’s
fees plus accumulated appearance fee of Php 5,000 per hearing;

d) Ordering Defendants to pay cost of suit.

Plaintiff prays for other relief and remedy which is just and
equitable under the premises.

Marikina City
May 17, 2019

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