Republic of the Philippines

REGIONAL TRIAL COURT

Ninth Judicial Region
Branch ___
Pagadian City
-o0o-

xxxxxxxxxxxxxxxxxxxxxx CIVIL CASE NO. _________

Represented By:
xxxxxxxxxxxxxxxxxx.
Plaintiff,
-versus- for

xxxxxxxxxxxxxxxxxxxxxxx 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

xxxxxxxxxxxxxxxxxxxxxxxxx City;

2. Plaintiff is being represented in this instant case by

xxxxxxxxxxxxxxxxxxx., who is of legal age, married and
resident of xxxxxxxxxxxxxxxxxxxx City, by virtue of a Special
Power of Attorney (SPA). Plaintiff, through his
representative, may be served with summons, orders, notices
and other court processes that the Honorable Court may
issue; (copy of the SPA is hereto attached and marked as Annex
“A” and “A-1”)

3. Defendant is likewise of legal age, and resident of

xxxxxxxxxxxxxxxxxxxxxxxxx City, where she may be served
with summons, notices, orders and other court processes that
this Honorable Court may issue;
4. Plaintiff is the true and registered owner of a parcel of land
situated in xxxxxxxxxxxxxxxxxxxxxxxxxx City covered by
Transfer Certificate of Title No. xxxxxxxxxxxxxxxxxx
consisting of an area of xxxxxxxxxxxxxxxxxx square meters;
(hereto attached and marked as Annex “B”, (“B-1”, “B-2” and
“B-3”) is the copy of the Certified True Copy of TCT No.
xxxxxxxxxxxxxxxxxxx)

5. The present assessed value of the subject parcel of land is Six

Thousand Three Hundred Pesos (P xxxxxxxxxxxxxxxxxx) as
can be gleaned from the present tax declaration of the same
under Tax Declaration No. xxxxxxxxxxxxxxxxxx; (hereto
attached as Annex “C” is copy of said tax declaration for
reference)

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

Plaintiff for tax purposes since 1980 under Tax Declaration
No. xxxxxxxxxxx (copy of Tax Declaration No. xxxxxxxxxxx
is hereto attached and marked as Annexes “D” and “D-1”;

7. Plaintiff has been paying the real property taxes of the

subject parcel of land since 1980 up to the present as
evidenced by the certification issued by the
xxxxxxxxxxxxxxxxxxxxxx City dated 6 November 2017;
(hereto attached and marked as Annex “E”;

8. Since Plaintiff had no immediate need of the subject parcel of

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

9. Sometime in year 2012, Plaintiff demanded from the

Defendant and her family to vacate the said subject property
but the latter refused and still continue to occupy the said
property;
10.Sometime in year 2016, the said subject lot was gutted by fire
including the house erected thereon. As a result thereof,
Plaintiff, through his son, decided to cordon the area and
instructed the Defendant and her descendants to vacate the
premises, however, the latter refused to turn over the
property and instead constructed a house thereat; (pictures of
the wreckage of the property after the fire incident is hereto
attached for reference and marked as Annexes “G”, “G-1”,
“G-2”, “G-3”, “G-4” and “G-5”);

11.Consequently, Plaintiff was able to secure a copy of a Notice

of Illegal Construction issued by the Office of the Building
Official, Pagadian City, dated 11 July 2016. In that notice,
Defendant was advised to stop the construction of the house
over the subject property. (A copy of said notice is hereto
attached for reference and marked as Annex “H”);

12.On 18 July 2016, Plaintiff thru a lawyer demanded the

Defendant to cease and desist from further constructing a
house in the said subject property as herein Defendant
continued to construct and build a house thereat. The
demand letter was delivered to the thru the xxxxxxxxxxxxxx
City; (A copy of the demand letter, pictures depicting the
construction of the house, and the affidavit of the Barangay
Messenger are hereto attached for reference and marked as
Annexes “I”, “J”(“J-1”, “J-2”, “J-3”, and J-4”) and “K”
respectively);

13.A case for unlawful detainer was already been instituted by

the Plaintiff against herein Defendant which was docketed
with Civil Case No. xxxxxxxxxx. The case was dismissed by
the Court in favor of the Defendant for, accordingly, failure
of the Plaintiff to bring the action personally before the
Lupon Tagapamayapa for the conciliation proceedings;

14. After the dismissal of the case, another demand letter was
sent to the Defendant demanding her to vacate the subject
parcel of land with the assistance of the Office of the
Barangay of Barangay Balangasan, unfortunately, this time,
Defendant refused to receive the demand letter; ( hereto
 attached and marked as Annex “L” is the copy of the
demand letter dated 15 December 2017)

15.By reason thereof, Plaintiff was constrained to send a

demand letter by way of registered mail, but was returned
unserved for “ Party Out No One to Received” . Another
demand letter was again sent by way of registered mail but
likewise returned unserved for the same reason;

16.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;

17.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 registered owner of the parcel of land,
considering that Plaintiff despite wanting to ;

18.The reasonable rental of the land is Php 3,000.00 per month;

19.Accordingly, while possession by tolerance is lawful, such

possession becomes illegal upon 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, 788; Isidro v. Court of Appeals, G.R.
No. 105586, December 15, 1993);

20.A person who occupies the land of another at the latter’s

tolerance or permission without any contract between them,
is necessarily bound by an implied promise that he will
vacate upon demand (Yu v. De Lara, supra cited in
Sumulong v. Court of Appeals, G.R. No. 108817, May 10,
1994);

21.Due to unjust refusal of the Defendant to vacate and return

the said land to the Plaintiff, the latter was considered to
endorse the said matter to his legal counsel for the filling of
an appropriate action in court and incurred attorney’s fees in
 the amount of Php 50, 000.00 and the amount of Php 2, 500.00
per court hearing;

22.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

INJUNCTION

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

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

23.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 4 of the complaint;

24.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 his land and
considering that the defendant has already constructed a
structure on the land.

25.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 decide 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 described
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 demolish and/or to remove at his
expense whatever structure he caused to be constructed on Lot No.
1451-B and also to demolish and/or remove the concrete fence
constructed on the South Eastern side of Lot No. xxxxxxxxx which
is described under paragraph 3 of this complaint.

2. Ordering the defendant his servants and those residing and

working under them to vacate Lot No. xxxxxxxxxxxx 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 land Lot No. xxxxxxxxxxx is delivered to the plaintiff;