Republic of the Philippines

SUPREME COURT
National Capital Judicial Region
REGIONAL TRIAL COURT
Bulwagan ng Katarungan
Magsaysay Blvd., Muntinlupa City

YRNA O. CAÑA, Civil Case No: ___________

Plaintiff,
FOR: RECOVERY OF
POSSESSION OF REAL
-versus- PROPERTY

FRANCIS EBIO,
Defendant.
x----------------------------------------x

COMPLAINT
COMES NOW, the plaintiff thru the undersigned counsel unto this
Honorable Court, hereby files the foregoing complaint and most
respectfully states that:

1. Plaintiff, YRNA O. CAÑA is a Filipino, of legal age, and a resident of

Blk 5 Lot 18, Brgy. 105-C, Marvel Village, Cebu City. She may be
served with the orders, notices, summonses and other processes
of the Honorable Court at the given address of the undersigned
counsel;

2. Defendant, FRANCIS EBIO is a Filipino, of legal age, married and a

resident of Lot 26-B-1-C-1, Brgy Tunasan Municipality of
Muntinlupa. He may be served with the orders, notices,
summonses and other processes of the Honorable Court at his
respective address;

3. The parties have the capacity to sue and be sued;

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THE FACTS OF THE CASE AND CAUSE OF ACTION

Page

4. YRNA O. CAÑA is the owner of Lot 26-B-1-C-1, Brgy Tunasan

Municipality of Muntinlupa as covered by Transfer Certificate of
Title No. 207399, herein referred to as ANNEX “A”;
 5. The instant case is within the jurisdiction of the Honorable Court 1
for the assessed value of the property being One Hundred Fifty-
five Thousand Pesos (Php 155,000.00) as per latest tax
declaration issued by the assessor’s office of the City of
Muntinlupa, a copy of which is hereto attached as ANNEX- “B”;

6. Sometime in 2018, much to plaintiff’s surprise, she learned later

on that there were illegal settlers in the said parcel of land which
was herein defendant and his family;

7. Due to humanitarian reasons and since plaintiff was not yet going
to make use of the property, the parties came to an agreement
that plaintiff will allow the defendant to stay in the subject
property in the meantime while she was still not using the
property, subject to the condition that defendant will vacate the
property upon demand when her need of the property arises;

8. Sometime in February 2019, plaintiff conveyed to defendant her

plan to make use of the property for her and her family, and thus
asked if the defendant could then vacate the said property.
However, defendant refused to vacate the property and insisted
on staying thereon. He insists that he bought the portion on which
he is staying at from the previous owner. When asked to show his
proof of purchase or any instrument to that effect, defendant
failed to produce such proof or document;

9. Thus, on September 27, 2019, she engaged the services of the

undersigned counsel for the purpose of evicting defendant and
recovering possession of the subject property. On the said date,
sent a demand letter addressed to the defendant demanding that
the latter vacate the property because plaintiff has made plans to
use it, giving them fifteen (15) days from receipt within which to
do so. A copy of the said demand letter is hereto attached as
ANNEX- “C“;

10. The said demand letter was received by the defendant on

October 4, 2019 as evidenced by a copy of the Registry Return
Card from the Philippine Postal Corporation- Muntinlupa Branch,
a copy of which is hereto attached as ANNEX- “D”;
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11. Even up to this date, defendant still has not vacated the
subject property despite several demands and refuses to honor

1
Section 19. Jurisdiction in civil cases. – Regional Trial Courts shall exercise exclusive original jurisdiction: xxx (2) In all
civil actions which involve the title to, or possession of, real property, or any interest therein, where the assessed value
of the property involved exceeds Twenty thousand pesos (P20,000.00) or for civil actions in Metro Manila, where such
the value exceeds Fifty thousand pesos (50,000.00) except actions for forcible entry into and unlawful detainer of lands or
buildings, original jurisdiction over which is conferred upon Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts;
 plaintiff’s ownership of the same, to the prejudice of the latter’s
rights, to wit:

“Art. 428. The owner has the right to enjoy and

dispose of a thing, without other limitations than
those established by law.

The owner has also a right of action against the

holder and possessor of the thing in order to
recover it.”

12. Due to the defendant’s unlawful act of maintaining

possession of the subject property, plaintiff was denied of the use
and fruits thereof, much to her prejudice;

13. The instant case is exempted from the requirement of prior

conciliation before the Lupong Tagapamayapa 2 as the plaintiff is a
resident of Cebu City while defendant is a resident of Muntinlupa
City;

14. Due to the acts of the defendant of unlawfully taking

possession over the above-mentioned property, plaintiff suffered
anxiety, hurt feelings, and sleepless nights, which if quantified
would PHP 30, 000.00;

15. For the unjustified notorious and unlawful possession by

the defendants of the premises of the property, the plaintiffs were
compelled to file this case and hereby incurred the following
expenses:

a. Lawyer’s fees- PHP 20, 000.00

b. Docket and other Filing fees- PHP 10, 000.00
c. Lawyer’s Court Appearance Fee- PHP 2, 000.00
d. Incidental and Litigation expenses- PHP 10, 000.00

PRAYER

WHEREFORE, FOREGOING PREMISES CONSIDERED, Plaintiffs

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pray that the court order declaring the plaintiff as the owner and as the
rightful and lawful possessor thereof, and ordering the defendant to
peacefully vacate the premises, undo the structures they have
unlawfully introduced therein at their own expense, and to reimburse
the expenses incurred by the plaintiff in filing and prosecuting this suit
enumerated herein as follows:

a. Lawyer’s fees- PHP 20, 000.00

2
Section 408. Subject Matter for Amicable Settlement; Exception Thereto. - The lupon of each barangay shall have authority to
bring together the parties actually residing in the same city or municipality for amicable settlement of all disputes…xxx
 b. Docket, Mediation and other Filing fees- PHP 10,
000.00

c. Lawyer’s Court Appearance Fee- PHP 2, 000.00

d. Incidental and Litigation expenses- PHP 10, 000.00;

and

e. Moral damages- PHP 30, 000.00

Other just reliefs also prayed for. Respectfully submitted.

City of Muntinlupa, Philippines; December 12, 2019.

ATTY. LUNINGNING LARIOSA

Counsel for the Plaintiff
LARIOSA & PARTNERS LAW OFFICES
Trinidad Building, Real St., City of Muntinlupa
Roll No. 31455/May 5, 2008
IBP Lifetime No. 858/01/05/18/ City of Muntinlupa
PTR No. 7886555/01/05/18/ City of Muntinlupa
MCLE Compliance No. V-0002255, 05-12-2018
Phone No.: 09275933235
Email: bonitaluningning@gmail.com

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 VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, YRNA O, CAÑA, of legal age, Filipino, married and a resident of

Blk 5 Lot 18, Brgy. 105-C, Marvel Village, Cebu City, after having been
duly sworn to in accordance with law, hereby state that:

1. I am the plaintiff in the above-captioned case and I have caused

the preparation and the filing of the instant case;

2. I have read the contents and the allegations thereof and the
facts stated therein are true and correct based on my personal
knowledge and/or based on copies of documents and records
in my possession;

3. To the best of my knowledge and belief, no such action or

proceeding involving the same parties and issues is pending
before the Supreme Court, the Court of Appeals, or any other
tribunal or agency; and

4. Should I thereafter learn that a similar action or proceeding

has been filed or is pending before the Supreme Court, the
Court of Appeals, or any other tribunal or agency, I undertake
to report that fact and the status of the same within five (5)
days therefrom to this Honorable Commission.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this day, ___________________, City of Muntinlupa, Philippines.

YRNA O. CAÑA
Affiant
Driver’s License No. H05-05-018995

SUBSCRIBED & SWORN to before me this day, ______________, in City

of Muntinlupa, Philippines, affiant being personally known to me, and
swore before me that the above document is her free and voluntary act
and deed.

Witness my hand and seal in the place and date first mention
above.
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Doc. No.____; ATTY. GERALD DACILLO

Page

Page No.____;
Notary Public Until December 2020
Book No.____;
Series of: 2019 Notarial Commission No. 2019-02-19

For Muntinlupa City and Province of Rizal

Roll No. 31460/May 5, 2008

IBP Lifetime No. 858/01/05/18/Muntinlupa City

PTR No. 7886555/01/05/18/Muntinlupa City

MCLE Compliance No. V-0002158, 05-12-2018

Phone No.: 09275933235