Beruflich Dokumente
Kultur Dokumente
COMPLAINT
PLAINTIFF, through counsel and unto this Honorable Court, most respectfully states, that: PARTIES:
1.
08180, Ouano St., Ceniza Heights, Brgy. Cagniog, Surigao City where she can be served with legal processes of this Honorable Court;
2.
also residents of 08180, Ouano St., Ceniza Heights, Brgy. Cagniog, Surigao City where they can be served with summons and other legal processes of this Honorable Court;
CAUSE OF ACTION
3.
boundary wall which was erected by the latter several years ago.
the boundary wall has encroached inside the titled property of the Plaintiff, described as Lot 3, Block 20 (LRC) Psd-160368 containing an area of more or less 446 square meters;
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made to the Defendants by the Plaintiff through her counsel to ask for the demolition of the said boundary wall which encroached inside the property of the latter. Subsequently, the controversy was brought by the Plaintiff to the Katarungang Pambarangay of Brgy. Cagniog hoping to resolve the matter amicably;
5.
Amicable Settlement (ANNEX B) before the Lupon of Brgy. Cagniog wherein Sps. Rocha (Defendants) bound themselves to destroy the said boundary wall and undertook to construct a new one on April 17, 2011, with 50% of the expenses to be shouldered by Ms. Ester Balili (Plaintiff);
6.
mind when they reneged on their promise to destroy their boundary wall and to construct a new one that would follow the correct boundary between their respective lots, without any justifiable reasons. the court; With sheer display of arrogance, the Defendant ROBERTO ROCHA even dared the Plaintiff to bring the matter to
7.
was constrained to file this action thereby incurring litigation expenses in the amount of not less than P 20,000 in terms of Attorneys Fees and other actual litigation expenses. It is just but proper that said amount be assessed against defendants;
8.
and sleepless nights thereby entitling her to an award of moral damages in the amount of P20, 000. To give lesson to the Defendants, for them to refrain from repeating such kinds of actuations, they should be made to pay exemplary damages in the amount of P5,000;
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PRAYER
WHEREFORE, premises considered, it is most respectfully prayed that after due notice and hearing, decision be rendered:
a. Ordering the Defendants to destroy their boundary wall and construct a
new one that will follow the correct boundary between their respective lots;
b. Ordering the Defendants to shoulder the whole expenses for the
destruction of their boundary wall and for the construction of a new boundary wall;
c. Ordering the Defendants to pay jointly and severally the actual damages
P20,000, moral damages of P20,000 and exemplary damages of P5,000; e. Such other relief just and equitable under the premises are also prayed for.
July 20, 2011, Surigao City, Surigao del Norte. VICTOR F. BERNAL Counsel for the Plaintiff
ESTER M. BALILI