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I.
Republic of the Philippines
REGIONAL TRIAL COURT
7th Judicial Region
Cebu City
Josefa, CIVIL CASE NO: 001
plaintiff, Recovery of Possession
With Damages
-
versus-
Rina,
defendant.
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, widow, and resident of and a resident of Barangay Busay,
Cebu City;
2. Plaintiff is being represented in this instant case by Christine Bernadette M.
Chua, who is of legal age, single and resident of San Antonio, Cebu 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 of Barangay Busay, Cebu 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 of
Barangay Busay, Cebu City, covered by Transfer Certificate of Title No. 959, and
more particularly described as follows:
“A parcel of land (Lot 4-B, Psd-07-01-005983), being a portion of Lot 4, Cebu
Cad., situated in the Barangay of Busay, City of Cebu, Island of Cebu. xxx
containing an area of SEVENTY (70) SQUARE METERS, more or less.”
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5. The present assessed value of the subject parcel of land is One Hundred
FiftyThousand Pesos (P 150,00.00).
6. Sometime in year 2004, Defendant forced herself into Josefa’s property,
destroyed the padlock of the house and occupied the same as if it were her own
without the consent and against the will of Josefa;
7. Despite Josefa’s repeated demands to vacate the premises, Rina continued to
occupy the subject property, thereby depriving Josefa of her lawful possession
thereof;
8. A final effort was made by Josefa to eject Rina by filing a complaint before the
Office of the Barangay Chairman of Barangay Busay, Cebu City, on October 15,
2017 but Rina disobeyed the summons and ignored the two conciliation
proceedings on October 20 & 25, 2017 before the Barangay/Lupong
Tagapamayapa. This prompted the Barangay to issue a CERTIFICATION TO
FILE ACTION on October 26, 2017.);
9. The LAST and FINAL DEMAND upon the defendant to vacate the premises was
made on November 3, 2018..Despite the demand to vacate the defendant
refused to do so, Defendant has remained in illegal possession of the said land
up to the present and still retain such possession;
10. 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 ;
11. Due to unjust refusal of the Defendant to vacate and return the said land to the
Plaintiff, the latter suffered actual damages in the approximate sum
of P300,000.00 as of the filing of the case on September 8, 2020, her legal
counsel for the filling of an appropriate action in court and incurred attorney’s
fees in the amount of P 30, 000.00 and the litigation expenses of not less than
P15, 000.00;
12. This action is being filed within a period of two (2) years from the demand on
Defendant to vacate the said property.
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:
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1. Ordering the defendant vacate the 70 - square meter parcel of land located at
Barangay Busay, Cebu City, covered by Transfer Certificate of Title No. 959, and more
particularly described as follows:
“A parcel of land (Lot 4-B, Psd-07-01-005983), being a portion of Lot 4, Cebu Cad.,
situated in the Barangay of Busay, City of Cebu, Island of Cebu. xxx containing an area
of SEVENTY (70) SQUARE METERS, more or less.”
2. To pay the plaintiff the sum of P300, 00.00 as actual damages, P30,000 for
attorney’s fees and the amount of not less thatn P15,000 for litigation expensesn.
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II.
Republic of the Philippines
REGIONAL TRIAL COURT
7th Judicial Region
Cebu City
Josefa, CIVIL CASE NO: 001
plaintiff, Recovery of Possession
With Damages
-
versus-
Rina,
defendant.
X- - - - - - - - - - - - - - - - - - - - - - - - - - X
JUDICIAL AFFIDAVIT
Of Pedro Maisog
I, JOSEFA, of legal age, Filipino, widow, and a resident of Barangay Busay,
Cebu City, and after having been duly sworn to in accordance with law, hereby depose
and state that:
PREFATORY STATEMENT
That the taking of my Judicial Affidavit was administered and supervised by
ATTY. Christine Bernadette M. Chua and was done at her Law Office at Skypark Bldg.,
2nd floor, R. Landon St., Cebu City and I am fully aware and cognizant of the questions
asked of me by Atty. Chua and my answers thereto are under oath being aware that I
may face criminal liability for false testimony or perjury. I likewise requested that the
questions asked of me be in English as well as my answers thereto also in English
which I speak and understand for clarity and that the other information and/or
requirements of Sec. 3, A.M. 12-8-8- SC as explained to me by the administering lawyer
are contained in my Judicial Affidavit the rest which reads, to wit:
Q1: Please state your name and other personal circumstances?
A1: I am Josefa, a widow, resident of Barangay Busay, Cebu City.
Q2: Mr. Witness, you said that you are an owner of a 70 square meter parcel of land
covered by Transfer Certificate of Title No. 959, and more particularly described as
follows:
“A parcel of land (Lot 4-B, Psd-07-01-005983), being a portion of Lot 4, Cebu Cad.,
situated in the Barangay of Busay, City of Cebu, Island of Cebu. xxx containing an area
of SEVENTY (70) SQUARE METERS, more or less.”
A2: Yes.
Q3: Where is it located?
A3: In Barangay Busay, Cebu City.
Q4: What happened sometime in January of 2004?
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A4: Rina a neighbor forced herself into Josefa’s property, destroyed the padlock of
the house and occupied the same as if it were her own without the consent and against
my will.
Q5: How did you know that your house was occupied by Rina?
A5: I was just actually living in her other house a few meters away left by her late
husband.
Q6: Is there anything else you may add to your testimony?
A6: That is all for the meantime, Ma’am.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 11th day of
March, 2019 at Cebu City, Philippines.
Josefa
Affiant
SUBSCRIBED AND SWORN to before me this 8th day of November, 2020 at
Cebu City, Philippines, after I have personally examined the affiant and that I am
convinced that he voluntarily executed this affidavit and understood the contents
thereof.
Notary Public/Administering Officer
Doc. No.
Page No.
Book No.
Series of 2020.
ATTESTATION
I, ATTY. CHRISTINE BERNADETTE M. CHUA, with Law Office at Skypark
Bldg., 2nd floor, R. Landon St., Cebu City, hereby attest that I have conducted and
supervised the examination of the above-named affiant/witness at my office stated
above, and further declared that:
1. I faithfully recorded or caused to be recorded the questions I asked
and the corresponding answers the affiant/witness gave; and
2. Neither I nor any other person then present or assisting me coached the
affiant/witness regarding the latter’s answers.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 8 th day of
November, 2020 at Cebu City, Philippines.
Doc. No. CHRISTINE BERNADETTE M. CHUA
Page No. Notary Public
Book No.
Series of 2020.
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III.
Script for investigating facts on the case of Josefa vs. Rina:
Source: Josefa is 60 years old, Filipino, widow and a resident of Barangay Busay,
Cebu City.
Personal Circumstances: She is the absolute owner of a 70 - square meter parcel of
land located at Barangay Busay, Cebu City, covered by Transfer Certificate of Title No.
959, and more particularly described as follows:
“A parcel of land (Lot 4-B, Psd-07-01-005983), being a portion of Lot 4, Cebu Cad.,
situated in the Barangay of Busay, City of Cebu, Island of Cebu. xxx containing an area
of SEVENTY (70) SQUARE METERS, more or less.”
Proof provided/ Documents and evidence: TCT, Tax Declaration, neighbors
testimony
Witness: The source, Josefa, which is the owner of the subject parcel of land, and her
neighbors.
Witness Testimony: Josefa has a neighbor named Rina, 40 years old, Filipino and a
single mother. She is also residing at Barangay Busay, Cebu City.
The said parcel of land along with the semi-concrete house established thereon is also
covered by Tax Declaration No. GRC6-28-TLC, with assessed value of P150,000.00.
The same parcel of land is cleared of any realty tax liability as shown in a Tax
Clearance Certificate issued by the Office of the City Treasurer of Cebu City dated July
28, 2020.
Sometime in January 2004, Rina forced herself into Josefa’s property, destroyed the
padlock of the house and occupied the same as if it were her own without the consent
and against the will of Josefa who was just actually living in her other house a few
meters away left by her late husband.
Despite Josefa’s repeated demands to vacate the premises, Rina continued to occupy
the subject property, thereby depriving Josefa of her lawful possession thereof.
Actions that will be taken by Josefa: The actuation of Rina forced Josefa to hire a
counsel to whom she promised to pay attorney’s fees. Her counsel made a LAST and
FINAL DEMAND upon Rina to vacate the premises on November 3, 2018. But Rina
likewise remained unheeding and continued as she continues to unlawfully occupy the
property until this day.
Under the Law, Rina committed a violation on the right of Josefa over her property. An
action for recovery of possession can be filed against her with the use of the given
documents and evidence.
