REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT

NATIONAL CAPITAL REGION
BRANCH 20
MALABON CITY

HELENA H. LUNA
Plaintiff,
Civil Case No. 23980
For: Forcible Entry and Damages
-versus-

JEFFREY SANTOS
Defendant.
x---------------------------------------x

ANSWER
PLAINTIFF, through counsel, to this Honorable Court most
respectfully avers:

1. That plaintiff, HELENA H. LUNA, is a Filipino citizen, of legal

age, single and a resident of 105C l’OASIS Baritan, Malabon
City, whereas, defendant Jun Y. Mansares is likewise a Filipino,
of legal age, single, and residing at 222 Gov. Pascual, Malabon
City, at which address the party herein may be served with
summons and other court processes;

2. The plaintiff is the owner of a parcel of land located in San

Mateo, Isabela, containing an area of TWO THOUSAND (2,
000) SQUARE METERS, more or less which realty is titled in
the name as evidence by Transfer Certificate of title No. T-76250
of the Registry of Deeds Quezon City, photocopy of TCT No. T-
T-76250 is hereto attached and made an integral part of Annex
“A”;

3. Plaintiff, by themselves and through their predecessors in-

interest, have been in peaceful possession of the land
continuously and uninterrupted for more than fifty (50) years;
1
4. On January 28, 2016, defendant together with hired laborers
without the knowledge, consent and authority of the plaintiff,
by force, strategy and stealth entered the land described in
paragraph 3, encroached on and took possession of a portion of
the land having an area of 500 square meters with the following
boundaries: on the Northeast by the remaining portion; and on
the Southwest by a provincial Road;

5. Simultaneous to their unlawful entry, defendant started

construction of a warehouse notwithstanding repeated
demands for them to stop and to desist from further acts of
dispossession;

6. Plaintiff, by themselves and through their representative,

repeatedly demanded of the defendant to vacate the area
occupied by them and to deliver the peaceful possession of the
same to them, but defendants, without any just or legal reason,
refused and continue to refuse to leave the premises and restore
peaceful possession to the plaintiffs of the portion which they
unlawfully wrested from the plaintiff;

7. Efforts for a possible settlement and/or reconciliation was

exerted by the plaintiff by seeking the intervention of barangay
officials of Barangay Magalang, Quezon City, regrettably all
efforts to amicably settle their dispute were in vein. Copy of the
certification issued by Barangay Secretary Maria Honasan
dated November 9, 2016 is hereto appended and marked as
Annex “B”;

8. As a consequence of the unlawful entry and occupation of their

land by the defendant and their subsequent refusal to vacate
the premises, plaintiff was compelled to file this action and, for
this reason have to engage the services of counsel for an agreed
professional fee of P25, 000.00;

9. As further consequence of the defendant refusal to surrender

and restore peaceful possession of the land, plaintiff, suffered
mental anguish, emotional disturbance, embarrassment

2
 besmirched reputation which entitles them to recover moral
and exemplary damages amounting to not less than P50,000.00

PRAYER

WHEREFORE, plaintiff respectfully prays the Honorable Court

to render judgment;

1. Ordering the defendant to vacate the premises of the area

occupied by them and to deliver peaceful possession of the
same to the plaintiff or their representative;

2. Ordering the defendant to remove any and structure which

they, in bad faith, have erected in the area occupied by them or,
in default thereof, to order the demolition of their building or
structures which are standing in the land, all at the expense of
the defendants;

3. Condemning the defendant to pay to the plaintiff:

a. The sum of P25,000.00 as attorney’s fees and the sum of

P5,000 as expense of litigation;
b. Moral and exemplary damage of not less than P50,000.00;
and
c. The costs of this suit.

Plaintiff pray for other reliefs and remedies as may be just and
equitable in the premises.

Quezon City, December 2, 2016

ATTY. MARCELO H. BONIFACIO

Counsel for Plaintiff
Hyper Center, Quezon City
IBP No. 1067337/02-9-2015/Manila
PTR No. 3664834 /Mandaluyong City/02-15-2015
MCLE Compliance No. 65764
Roll No. 767423

VERIFICATION AND CERTIFICATION

3
 I, MERCEDITA H. LUNA and a resident of 187 Brgy.
Magalang, Quezon City after being sworn to in accordance with law
hereby depose and state:

1. I am the Plaintiff in the above entitled case.

2. I have caused the preparation and filing of this complaint

3. I have read and understood the contents of this complaint and all
the allegation contained therein are true and correct of our own
knowledge and based on authentic documents.

4. I hereby certify that I have not commenced any other action or

proceedings involving the same issues in the above entitled case
before the Supreme Court, Court of Appeals of Justice or quasi-
judicial body, or government agency; and should I learn of a
similar action or proceeding and/or the pendency thereof before
any other Court of Justice, quasi-judicial body or government
agency, I do hereby undertake to report the same within (5) days
there from to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this 12th day of March 2012 at Quezon City.

MERCEDITA H. LUNA

Plaintiff

SUBSCRIBED AND SWORN to before me this 2nd day of

December 2016, at Quezon City, Philippines, affiant exhibited to me
his Driver’s License No. P98-063741 valid until November 7, 2017.

Doc. No ______
Page No. _____
Book No.______
Series of 2016.

REPUBLIC OF THE PHILIPPINES

CITY OF MANDALUYONG } S.S.
4
x------------------------------------------------------x

AFFIDAVIT

I, MERCEDITA H. LUNA, Filipino, of legal age and resident of

Brgy. Magalang, Quezon City, after having been duly sworn to in
accordance with law, do hereby depose and state:

1. That, I am Plaintiff in the instant case;

2. That, Plaintiff is the lawful owner of the parcel of land

subject of this case;

3. That simultaneous to their unlawful entry, defendant

started construction of a residential house notwithstanding repeated
demands for them to stop and to desist from further acts of
dispossession in the land owned by the Plaintiff;

4. Plaintiff, by themselves and through their representative,

repeatedly demanded of the defendant to vacate the area occupied by
them and to deliver the peaceful possession of the same to them, but
defendants, without any just or legal reason, refused and continue to
refuse to leave the premises and restore peaceful possession to the
plaintiffs of the portion which they unlawfully wrested from the
plaintiff.
MERCEDITA H. LUNA
Affiant

SUBSCRIBED AND SWORN to before me this 2nd day of

December 2016, at Quezon City, Philippines, affiant exhibited to me
his Driver’s License No. P98-063741 valid until November 7, 2017.

Doc. No. ____

Page No. ____
Book No. ____
Series of 2016