Republic of the Philippines

8th Judicial Region

MUNICIPAL CIRCUIT TRIAL COURT
Branch ___
Pambujan, N. Samar
-o0o-

ARLYN C. CLERIGO CIVIL CASE NO. 123456

Plaintiff,
-versus- for

AIZA C. MERCADER Recovery of Possession

Defendant, With Prayer for
Preliminary Mandatory Injunction
X-----------------------------X

COMPLAINT

Comes Now, Plaintiff through undersigned counsel, unto the

Honorable Court, most respectfully states and avers: THAT-

1. Plaintiff is of legal age, married, and resident of Brgy.

Cababtoan, Pambujan, N. Samar, where she may be served with
summons, orders, notices and other court processes that the
Honorable Court may issue;

2. Defendant is likewise of legal age, and resident of Brgy.

Cababtoan, Pambujan, N. Samar, where she may be served with
summons, orders, notices and other court processes that the
Honorable Court may issue;

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

Burabod, Brgy. Cababtoan, Pambujan, N. Samar covered by Tax
Declaration No. 2K9-002930; (hereto attached and marked as
EXHIBIT “A” is copy of said Tax Declaration for reference)

4. Said lot was purchased by the Plaintiff from Reynaldo

Mercader on September 9, 1996; (photocopy of Deed of
Absolute Sale attached herewith and made an integral part
here of as EXHIBIT “B”)

5. The subject parcel of land was declared in the name of the

Plaintiff for tax purposes since 1997. The present value of the
subject parcel of land is Twenty Thousand Pesos (P20,000.00);
(hereto attached and marked as EXHIBIT “A-1” in the copy of
the Tax Declaration earlier presented)
6. Plaintiff has been paying the real property taxes of the subject
parcel of land since 1997 up to the present as evidence by the
certification issued by the Office of the Municipal Assessor of
Pambujan, N. Samar dated October 6, 2019; (hereto attached
and marked as EXHIBIT “C”)

7. Since the Plaintiff has no immediate need of the subject parcel

of land, the former allowed the Defendant and her family to
occupy the same with the condition that the latter shall vacate
the subject parcel of land after the demand is made upon them
by the Plaintiff; (hereto attached and marked as EXHIBIT “D”
and “D-1” is the affidavit of Salvador Gloriane for reference)

8. On January 15, 2015, Plaintiff demanded from the Defendant

and her family to vacate the said subject property but the latter
refused and still continue to occupy the property;

9. On September 6, 2016, the said subject lot was gutted by fire

including the house erected thereon. As a result thereof, the
Plaintiff decided to cordon the area and demanded the
Defendant and her descendants to vacate the premises,
however the latter refused to turnover the property and
instead started to construct a new house thereat; (pictures of
the wreckage of the property after the fire incident is hereto
attached for reference and marked as EXHIBIT “E”, “E-1”, “E-2”,
“E-3”, “E-4”, and “E-5”)

10. Consequently, Plaintiff was able to secure a copy of

Notice of Illegal Construction issued by the Office of the
Building Official of Pambujan, N. Samar, dated October 11,
2016. In that notice, Defendant was advised to stop the
construction of the house over the subject property; (A copy of
Notice of Illegal Construction is hereto attached and marked
for reference as EXHIBIT “F”)

11. On, July 18, 2017, Plaintiff through a lawyer demanded

the Defendant to cease and desist from further constructing a
house in the said subject property as therein Defendant
continued to construct and build a house thereat. The demand
letter was delivered thru the Office of the Barangay Captain of
Brgy. Cababtuan, Pambujan, N. Samar; (A copy of the demand
letter, pictures depicting the construction of the house, and the
affidavit of the Brgy. Messenger are hereto attached and
marked for reference as EXHIBIT “G”, “H” (“H-1” “H-2”, “H-3”,
“H-4”) and “I” respectively)
12. Despite numerous demands for her and her family to
vacate, Defendant has remained in illegal possession of the said
land up to the present and still retain such possession;

13. Defendant has been in possession over the parcel of land

without any legal right. In fact, it is herein Plaintiff who is
paying the annual real property taxes of the subject parcel of
land. Defendant is enjoying the possession over the same to the
prejudice of the owner of the parcel of land, considering that
Plaintiff despite wanting to;

14. Accordingly, while possession by tolerance is lawful,

such possession becomes illegal upon the demand to vacate is
made by the owner and the possessor by tolerance refuses to
comply with such demand; (Prieto v Reyes, 14 SCRA 432; Yu v
De Lara, 6 SCRA 786)

15. On February 20, 2018, the Plaintiff, through counsel, filed

a complaint against the Defendant with the Office of the
Barangay Chairman of Brgy. Cababtoan, Pambujan, N. Samar.
But despite the effort of the Brgy. Officials, parties failed to
settle their dispute.

16. On March 5, 2018, the Brgy. Chairman issued to the

Plaintiff a Certificate to File Action; (photocopy of which is
attached herewith as EXHIBIT “J”)

17. Due to unjust refusal of the Defendant to vacate and

return the said land of the Plaintiff, the later was considered to
endorse the said matter to his legal counsel for filing of an
appropriate action in the court and incurred attorney’s fee in
the amount of P10,000.00 and the amount of P2,500.00 per
court hearing;

18. This action is being filed within a period of two (2) years
from the demand on Defendant to vacate the said property
 PETITION FOR ISSUANCE OF THE WRIT OF
PRELIMINARY INJUCTION

Plaintiff re-pleads all the foregoing allegations by way of reference in

so far as they are for the issuance of preliminary injunction.

19. That the Plaintiff is entitled to the relief demanded and

the whole or part of such relief consist in ordering the
Defendant to deliver to the Plaintiff possession of the land
subject of this case which is described under paragraph 3 of
the complaint;

20. That the continued possession or continuance of the

unlawful acts complained of during the litigation would cause
irreparable damage to the Plaintiff who is wrongfully
prevented in entering and taking possession of her land and
considering that the Defendant of has already constructed a
structure on the land.

21. That the Plaintiff is able and willing to put up an

injunction bond in the sum fixed by this Honorable Court,
executed in favor of the Defendant to the effect that the
Plaintiff will pay all damages which Defendant may suffer as a
result of the injunction if the court should finally decided that
Plaintiff is not entitled thereto.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of

this Honorable Court that pending final judgment, a writ of
preliminary mandatory injunction be issued ordering the Defendant
to vacate and deliver to the Plaintiff the land describe under
paragraph 3 of the complaint and after due hearing making the
injunction permanent and further after due notice and hearing,
judgment be rendered in favor of the Plaintiff, as follows:

1. Ordering the Defendant to demolish and/or remove at her

expense whatever structure she caused to be constructed on
subject property described in paragraph 3 of the complaint.

2. Ordering the Defendant, her servants and those residing and

working under them to vacate the subject property and to
deliver possession thereon to the Plaintiff;

3. To pay the Plaintiff the sum of P2,000.00 a month until such

time that the subject parcel of land is delivered to the Plaintiff.
 Other reliefs just and equitable under the premises are likewise
prayed for.

San Jose, N. Samar, October 25, 2019.

Atty. DIANA FLOR L. DIVINA

Counsel for Plaintiff
Brgy. North, San Jose
Northern, Samar
Roll of Attorneys No. 86281
IBP No. 315537/8-30-19/N. Samar
MCLE Compliance No. IV-00000830-15-19
Email: dianaflordivina4@gmail.com/ Cell. No. (0928) 991-2195

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

I, ARLYN C. CLERIGO, forty-four (44) years of age, Filipino and

a resident of Brgy. Cababtoan, Pambujan, N. Samar, avers under oath
that I am the Plaintiff that caused the preparation of the foregoing
Complaint; I certify that the same are thru and correct to the best of
my personal knowledge and based on authentic records.

I have not commenced any action or filed any claim involving

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

IN TRUTH WHEREOF, I have hereunto affixed my signature

below this 25th day of October 2019 at San Jose, Northern Samar.

ARLYN C. CLERIGO
Affiant
 SUBSCRIBED AND SWORN to before me this 25th day October
2019, affiant exhibiting to ne her TIN ID 123-456-789-000 issued on
August 30, 1992, in Catarman, N. Samar.

Atty. DIANA FLOR L. DIVINA

Counsel for Plaintiff
Brgy. North, San Jose
Northern, Samar
Roll of Attorneys No. 86281
IBP No. 315537/8-30-19/N. Samar
MCLE Compliance No. IV-00000830-15-19
Email: dianaflordivina4@gmail.com/ Cell. No. (0928) 991-2195