REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
City of Santa Rosa, Laguna

JUAN DELA CRUZ,

Plaintiff,
CIVIL CASE No. ________________
-versus- FOR: Ejectment (Forcible Entry)

JOSE SANTOS,
Defendant.
x---------------------------------------------x

COMPLAINT

PLAINTIFF JUAN DELA CRUZ, by the undersigned counsel, most

respectfully avers:

1. Plaintiff JUAN DELA CRUZ is of legal age, single, residing at Lot

1672, Barangay Abakada, City of Santa Rosa, Laguna. He may be served
with court processes, notices, and other papers through the undersigned
counsel at the office address indicated below.

2. Defendant JOSE SANTOS, is of legal age, single, who may be served

with summons and court processes in his residence at Lot 1673, Barangay
Abakada, City of Santa Rosa, Laguna.

CAUSE OF ACTION

3. Plaintiff is the registered and lawful owner of a parcel of land at Lot

1672, Barangay Abakada, City of Santa Rosa, Laguna, with an area of 1,000
square meters and covered by Transfer Certificate of Title No. 123456. A
copy of Transfer Certificate of Title No. 123456 is hereto attached as “Annex
A”.

4. Plaintiff was in prior physical possession of the entire property. The

subject property is used by him and his family as their rest house/vacation
place after a hard days work in Metro Manila.

5. On __________, the defendant unlawfully entered a portion of said

land and arrogated unto himself ownership thereof by enclosing the same
with concrete hollow blocks fence as shown by a copy of picture herewith
attached as Annex "B".

6. In the process, defendant, planted some potatoes on the subject

land, and took it for his own personal purpose.

7. While the concrete hollow blocks fence was being erected, plaintiff
made a request on __________, to the Office of the City Engineer, City of
Santa Rosa, Laguna, to conduct a relocation survey so as to prove to
defendant the metes and bounds of plaintiff’s property and in the said

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survey it appears that defendant has encroached an area of 58 square
meters on plaintiff’s land. A copy of the survey plan of Homer G. Amoranto,
Geodetic Engineer, Geodetic Services Division for the City Engineer of City of
Santa Rosa Laguna containing this information, among others, is attached
hereto as Annex "C".

8. The above findings, however, and several demands made by plaintiff

to defendant for him to desist from occupying the subject land were just
ignored by defendant and he persisted in completing his illegal acts. The
copies of demand letters to vacate and pay and the final demand letter are
hereto attached as Annexes “D-D-2”.

9. Referral of the matter by plaintiff to the Barangay officials of

Barangay Abakada, City of Santa Rosa, Laguna, similarly failed as evidenced
by a Certification to that effect herewith attached as Annex "E".

10. Plaintiff suffered and has been continuously suffering damages

because of the acts of defendant.

11. Defendant has no title over the adjacent lot where he is staying at
the time he illegally occupied and fenced the subject portion of plaintiff’s
land and even up to the filing of this suit.

12. Due to the illegal acts committed by defendant, plaintiff was

deprived of the use and occupation of the land and for which he should be
paid by defendant damages in the amount of no less than Php_____.

13. In order to protect his rights, plaintiff was forced to litigate and for
that purpose constrained to secure the services of counsel to whom he paid
an amount of Php_____ for his acceptance fee and will pay Php______ for
every appearance in court. In filing this suit, he incurred an amount of
Php_____ for filing fee and are likely to spend an amount of at least Php____
as litigation expenses;

14. The assessed value of the 58 square-meter land of plaintiff is

Php_____ as proven by a copy of Tax Declaration herewith attached as
Annex "F".

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed

unto this Honorable Court that, after hearing, judgment be rendered against
the defendant, by ordering him to:

(i) Immediately VACATE the plaintiff’s property;

(ii) Pay reasonable monthly rental of Php ______/month to plaintiff for

the period of his illegal occupancy beginning __ until he finally vacate
the property; and,

(iii) Pay actual and exemplary damages to plaintiff and the costs of
suit.

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 Other just and equitable reliefs under premises are likewise prayed
for.

City of Santa Rosa Laguna, June 21, 2019.

THE LAW OFFICE OF ATTY. ABCD

City of Santa Rosa, Laguna, 4026
For the Plaintiff

By:
ATTY. ABCD
Roll No. ______
PTR No. ______
IBP No. _______
MCLE Compliance No. _________

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REPUBLIC OF THE PHILIPPINES ]
CITY OF SANTA ROSA LAGUNA ] s.s.

VERIFICATION AND CERTIFICATION

I, JUAN DELA CRUZ, Filipino, of legal age, single and with residence
at Block 1672, Barangay Abakada, City of Santa Rosa, Laguna, subscribing
under oath, hereby depose and state that:

1. I have caused the preparation and filing of this Complaint for

Ejectment.

2. I have read and understood the contents thereof and all the allegations
therein are true and correct based on my own personal knowledge and
authentic records of the case;

3. I further hereby certify that no other action or proceeding involving the

same issues has been commenced in the Supreme Court, the Court of
Appeals, or any other court, tribunal or quasi-judicial agency in this
jurisdiction;

4. That to the best of my knowledge, no such action or proceeding is

pending in the Supreme Court, the Court of Appeals, or any other
court tribunal or quasi-judicial agency in this jurisdiction, that if I
should thereafter learn that a similar action or proceeding has been
filed or is pending before the Supreme Court, the Court of Appeals, or
any other court, tribunal or quasi-judicial agency in this jurisdiction, I
undertake to report that fact within five (5) days therefrom to this
Honorable Court.

In witness whereof, I have hereunto affixed my signature this

________________________ at City of ______, Philippines.

JUAN DELA CRUZ

Affiant

SUBSCRIBED AND SWORN TO before me this _________________________ in

the City of Santa Rosa, Laguna, affiant exhibiting to me his
___________________________.

NOTARY PUBLIC
Doc No. ______
Page No. ______
Book No. _____
Series of 2019.