REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

4th JUDICIAL REGION
BRANCH 22
IMUS, CAVITE

REPUBLIC OF THE PHILIPPINES,

represented by the Department of
Public Works and Highways (DPWH),
Plaintiff,

- versus - CIVIL CASE NO. 1412-07

For: EXPROPRIATION

LOLITA RODRIGUEZ,
Defendant.
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AMENDED COMPLAINT

PLAINTIFF, Republic of the Philippines, represented by

the Department of Public Works and Highways (DPWH), by

counsel, to this Honorable Court, respectfully states:

1. Plaintiff is a sovereign political entity vested with

the power and authority to condemn and expropriate private

property for public use and purpose upon payment of just

compensation. It is represented in this action by the

Department of Public Works and Highways (DPWH), and may

 AMENDED COMPLAINT -2-
DPWH vs. Lolita Rodriguez
CC No. 1412-07
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be served with court processes through the Office of the

Solicitor General (OSG) at 134 Amorsolo St., Legaspi Village,

Makati City.

2. Defendant is of legal age, Filipino, and may be

served with summons and other court processes in Marulas,

Kawit, Cavite.

3. Defendant is the registered owner of a parcel of land

situated in Kawit, Cavite, covered by Original Certificate of

Title No. T-60892 and Tax Declaration No. 11-005-00530,

and more particularly described as follows:

“A parcel of land (Lot 1, of the consolidation-

subdivision plan (LRC) Psd-14002, being a portion
of Lot 478-B1 & Lot 478-B-2 (LRC) Psd-69489, LRC
Rec. No. 646, situated in the Barrio of Marulas,
Municipality of Kawit, Province of Cavite, Island of
Luzon. Bounded on the North, pts. 2 to 3 by Lot
1015, Kawit Cadastre No. 203; on the East, by pts.
3 to 4 by Lot 2 of the consolidation-subdivision
plan; on the South, pts. 4 to 5 by Aguinaldo Street;
and on the West, pts. 5 to 1 & 1 to 2 by Lot No.
479, Kawit Cadastre No. 203. Beginning at a point
marked “1” on plan, being N. 71 deg. 43’E., 735.24
m. from B.L.L.M. No. 1, Kawit Cadastre; No. 203,
thence N. 4 deg. 26’W., 12.68 m. to pt. 2; thence S.
88 deg. 16’E., 10.08 m. to pt. 3; thence S. 1 deg.
03’E., 31.88 m. to pt. 4; thence S. 86 deg. 09’W.,
8.14 m. to pt. 5; thence N. 4 deg. 26’W., 20.14 m.
to pt. of beginning; containing an area of TWO
 AMENDED COMPLAINT -3-
DPWH vs. Lolita Rodriguez
CC No. 1412-07
x---------------------------------------x

HUNDRED NINETY FOUR (294) SQUARE METERS,

more or less. All pts. Referred to are indicated on
the plan and are marked on the ground by follows:
point 3 by P.S. and old P.S. Cyl. Conc. Mons. 15 x
60 cms., and the rest by old P.L.S. Cyl. Conc. Mons.
15x 60 cms., bearings true; date of the original
survey, Feb. 11-Aug. 31, 1924 and that of the
consolidation-subdivision survey was executed by
D. Noblejas, Geodetic Engineer, on July 14, 1972”

Photocopies of O.C.T. No. T-60892 and Tax Declaration

11-005-00530 of the aforesaid property are herein attached as

Annexes “A” and “B” respectively.

4. Plaintiff needs 20 square meters of the above-

mentioned for the construction of Manila-Cavite Toll

Expressway Project (MCTEP), R-1 Extension Expressway,

Segment 4, from Bacoor to Kawit, Province of Cavite, a public

purpose authorized by law to be undertaken by plaintiff

through the Department of Public Works and Highways

(DPWH).

The location of the land to be expropriated is shaded

yellow green on the white print of the sketch plan attached

hereto as Annex “C”.

 AMENDED COMPLAINT -4-
DPWH vs. Lolita Rodriguez
CC No. 1412-07
x---------------------------------------x

5. Based on the current zonal valuation of the Bureau

of Internal Revenue (BIR), the real properties situated at Brgy.

Marulas, Kawit, Cavite have been appraised at P2,000.00 per

square meter under Residential Classification.

A photocopy of the pertinent BIR Zonal Valuation Report

covering the subject area is attached hereto as Annex “D’”.

6. Standing on the said lot is a concrete hollow block

(CHB) fence with an affected area of 11.48 square meters, with

a total replacement cost pegged at P27,597.12.

A copy of the Replacement Cost Summary with

Computation and Sketch Plan is attached hereto as Annex

“E”.

7. The above-said parcel of land has not been applied

to or expropriated for public use, and has been selected by

plaintiff for the Manila-Cavite Toll Expressway Project

(MCTEP), R-1 Extension Expressway, Segment 4, from Bacoor

 AMENDED COMPLAINT -5-
DPWH vs. Lolita Rodriguez
CC No. 1412-07
x---------------------------------------x

to Kawit, Province of Cavite, in a manner compatible with the

greatest good and the least injury to private property.

8. Plaintiff offered to acquire a portion of the above-

described property by negotiated sale pursuant to Section 6 of

R.A. 8974, but the defendant declined and continues to

decline the offer, to the damage and prejudice of plaintiff, for

which reason expropriation is sought herein.

9. Under Section 7 of Executive Order No. 1035 dated

June 25, 1985, plaintiff through the DPWH is authorized to

institute expropriation proceedings through the Office of the

Solicitor General.

PRAYER

WHEREFORE, plaintiff respectfully prays that:

1. Upon deposit by plaintiff with the authorized

government depositary of the amount equivalent to the

current relevant zonal valuation of said property, a writ of

possession be issued authorizing plaintiff to take immediate

 AMENDED COMPLAINT -6-
DPWH vs. Lolita Rodriguez
CC No. 1412-07
x---------------------------------------x

possession, control and disposition of the parcel of land

sought to be expropriated, including the power or authority to

demolish any improvement/s thereon.

2. After trial, judgment be rendered:

(a) Fixing the just compensation and authorizing the

payment thereof by plaintiff to defendant for the property

condemned, deducting the provisional deposit previously

made and subject to the payment of all unpaid real property

taxes;

(b) Condemning in favor of the plaintiff 20 square

meters of the above-described parcel of land free from all liens

and encumbrances whatsoever, for public use and for the

purpose set forth herein; and

(c) Ordering the defendant’s transfer to plaintiff of the

title to said portion of the above-described real property

together with the improvements found thereon, if any, free

from all liens and encumbrances.

 AMENDED COMPLAINT -7-
DPWH vs. Lolita Rodriguez
CC No. 1412-07
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Plaintiff further prays for such other reliefs and remedies

which this Honorable Court may deem just and equitable in

the premises.

Makati City, March 18, 2011.

JOSE ANSELMO I. CADIZ

Solicitor General
IBP Lifetime No. 02819
Roll No. 35072
MCLE Exemption No. II-00920

JOHN EMMANUEL F. MADAMBA

Assistant Solicitor General
IBP No. 830570, 07-13-10
Roll of Attorney’s No. 37363
MCLE Exemption No. III-000536

STANLEY ANTHONY V. CABRERA IV

Associate Solicitor
IBP No. 857302, 03-01-11
Roll of Attorneys No. 52766
MCLE Compliance No. III-0003764, 06-15-09

OFFICE OF THE SOLICITOR GENERAL

134 Amorsolo St., Legaspi Village, Makati City

VERIFICATION AND CERTIFICATION

 AMENDED COMPLAINT -8-
DPWH vs. Lolita Rodriguez
CC No. 1412-07
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REPUBLIC OF THE PHILIPPINES)

M A K A T I C I T Y ) S.S.

I PATRICK B. GATAN, CESO IV, Project Director, IROW-

PMO of the Department of Public Works and Highways with
office address at Rosario, Pasig City, after having been sworn
in accordance with law, depose and state, that:

I have caused the preparation of the foregoing complaint;

I have read the same; and that the allegations therein are true
and correct of my personal knowledge and/or based on
authentic records.

I further certify that: (a) plaintiff has not therefore

commenced any other action or filed any claim involving the
same issues in any court, tribunal or quasi-judicial agency;
(b) to the best of my knowledge, no such other action or claim
is pending therein; and (c) should I thereafter learn that the
same or similar action or claim has been filed or is pending, I
shall report that fact to this Honorable Court within five (5)
days from notice.

PATRICK B. GATAN, CESO IV

Project Director

SUBSCRIBED AND SWORN to before me this ______ day

of _________________, 2011, affiant exhibiting to me his DPWH
ID No. _____, at Makati City, Metro Manila.

MAISARA C. DANDAMUN-LATIPH
State Solicitor II