Republic of the Philippines

RD
3 MUNICIPAL CIRCUIT TRIAL COURT
SOGOD-BONTOC-LIBAGON
8TH Judicial Region
BRANCH ___
Sogod, Southern Leyte

ARMANDO DELA CUESTA CIVIL CASE No. R-579

represented by FOR: Unlawful Detainer
ANTONIA DELA CUESTA, and Damages with
Plaintiff, Prayer for Issuance of
-versus- Writ of Preliminary
Mandatory Injunction
JACOBO DELA TORRE
and BELINDA DELA TORRE,
Defendant.
x--------------------------------------------x

COMPLAINT
PLAINTIFF, by counsel and to this Honorable Court, most
respectfully avers that:

The Parties

1. Plaintiff is of legal age, widower, Filipino and represented

herein by Antonia dela Cuesta, who is also of legal age, single,
and a resident of Barangay Maac, Sogod, Southern Leyte,
Philippines, where she may be served with summons and other
processes of the Honorable Court. As evidence of the
representative’s authority to sue in behalf of the real party-in-
interest, a Special Power of Attorney is attached hereto as
Annex “A” and made an integral part hereof;

2. Defendants are of legal ages, Filipinos and residents of

Barangay Maac, Sogod, Southern Leyte, Philippines, where
they may be served with summons and other processes of the
Honorable Court;

3. Both the plaintiff and the defendants have the capacity to sue
and be sued.
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 The Subject Matter

4. Plaintiff is the registered owner of a parcel of land denominated

as Lot 3278 situated in Barangay Maac, Sogod, Southern Leyte
and covered by Original Certificate of Title with number 32806,
which is more particularly described as follows:

“Lot 3278, Case 42, Cad. 522-D

TIE LINE: S 80-09’ E 4193.01 m. from BLLM No. 1,

Sogod, Southern Leyte to corner 1 of Lot: thence –

LINES BEARINGS DISTANCES

1-2 N 64-22’ W 14.65 m.

2-3 N 89-22’ W 35.42 m.
3-4 N 84-05’ W 21.05 m.
4-5 N 42-16’ W 42.34 m.
5-6 N 33-35’ E 23.23 m.
6-7 N 35-17’ E 35.39 m.
7-8 N 81-55’ E 40.71m.
8-9 N 20-08’ E 12.26 m.
9-10 N 19-33’ E 16.83 m.
10-11 N 08-30’ E 111.83 m.
11-1 N 75-58’ W 01.98 m.

AREA: Five Thousand Eight Hundred Eighty Eight (5,888)

Square meters.

xxx

BOUNDED AS FOLLOWS:

S, W & N : line 1-2-3-4-5-6-7-8-9-10 by lot 3313, case

42, cad. 522-D;
E : line 10-11 by national road;
E : line 11-1 by Lot 3313 national road, case 42,
cad. 522-D”

A copy of Original Certificate of Title with number

32806 issued by the Register of Deeds for the Province of
Southern Leyte, is hereto attached and marked as Annex
“B and series” and made an integral part hereof;

5. The above-described parcel of land has also been declared for

taxation purposes before the Municipal Assesor of Sogod,
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Southern Leyte, and the Plaintiff has been paying the real
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property taxes therefor. A copy of a Declaration of Real

 Property Tax with ARP No. 06-17024-00662 is hereto
attached and marked as Annex “C” and made an integral part
hereof;

6. To concretely identify the metes and bounds of the above-

described subject property, a true and correct sketch plan
thereof has been made by a duly licensed Geodetic Engineer
as plotted based on the technical description described in
Original Certificate of Title with number 32806. A copy of the
Sketch Plan of Lot 3278, Cad. 522-D is hereto attached and
marked as Annex “D” and made an integral part hereof.

Causes of Action

First Cause of Action

(Unlawful Detainer)

7. Sometime in the past, both defendants asked permission from

the plaintiff and his family for the temporary use and occupancy
of portion of the subject premises, particularly along lines 9-10
of Lot 32781;

8. The defendants’ unlawful occupation was tolerated by the

plaintiff with the understanding that the defendants are bound to
vacate the premises upon demand;

9. Recently, the plaintiff and his family decided to use the portion
of the subject property occupied by the defendants, hence, the
plaintiff demanded the defendants to vacate the premises which
the latter have been occupying by mere tolerance, and to
demolish any improvement built thereon. Notwithstanding the
demand, defendants refused and continue to refuse to vacate
the subject premises;

10. The refusal of the defendants to vacate the premises despite

repeated demands constitutes unlawful withholding of the
plaintiff’s right to hold possession thereof. As such, plaintiff,
through his duly authorized representative, filed a case before
the Lupong Tagapamayapa of Barangay Maac, Sogod,
Southern Leyte, but settlement efforts proved futile, as
defendants adamantly refused to vacate the premises,
constraining the Lupong Tagapamayapa to issue a
Certification To File Action, a copy of which is attached
hereto as Annex “E” and made an integral part hereof;

11. Finally, on July 21, 2015, plaintiff caused the preparation of a

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written Final Demand to Vacate the subject premises within

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FIFTEEN (15) days from receipt of said demand, which again

 operated as the termination of defendants’ tolerated
possession. Despite receipt of the said written demand on July
31, 2015, defendants continue to unlawfully possess the portion
of the property owned by the plaintiff, to date. Copies of the
written Demand to Vacate and the corresponding Registry
Return Cards are hereto attached as Annexes “F and
series”;

Allegations In Support Of the Application

For Preliminary Mandatory Injunction

12. Plaintiff hereby pleads and incorporates by way of reference all

the foregoing allegation to support the fact that plaintiff is entitled
to the relief prayed for and the acts of the defendants are in
violation of the rights of the plaintiff respecting the subject of this
action;

13. Unless the defendant is restrained or enjoined from the material

possession of the property and exercising acts of dominion
thereof during the litigation, they will continue to reap the fruits of
the land and other civil fruits and for which acts, plaintiff stands to
suffer injustice in the form of being deprived of potential income
that could otherwise redound to the benefit of the plaintiff;

14. Plaintiff is ready, willing and able to put up the requisite bond in
an amount to be fixed by the Honorable Court to answer for
whatever damage defendants may suffer as a consequence of
the Writ of Preliminary Mandatory Injunction, if and when the
same is issued and it is proven that it is not justified under the
premises.

Second Cause of Action

(Damages)

15. By reason of the unjustified possession by defendants, the

plaintiff suffered pecuniary loss in the amount of TWENTY
THOUSAND PESOS (Php20,000.00) as reasonable
compensation for the deprivation of the use and fruits that may
have been collected within the subject premises and which could
have otherwise redounded to the benefit of the plaintiff;

16. That because of the wrongful and malicious claims of the

defendants in asserting their non-existent interest in the subject
property, the plaintiff and his family have been deeply aggrieved
thereby causing sleepless nights, serious anxiety, mental
anguish, social humiliation, besmirched reputation and wounded
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feelings which though incapable of pecuniary estimation, may be

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 assuaged by awarding his TWENTY THOUSAND PESOS
(Php20,000.00) as MORAL DAMAGES;

17. In order to give a legal lesson to the defendants, for the public
good and deter them from the commission of similar wanton,
fraudulent, or oppressive or malevolent acts in the future, an
award of TWENTY THOUSAND PESOS (Php20,000.00) as
EXEMPLARY DAMAGES is in order;

18. In order to protect his rights and interests, plaintiff was

compelled to secure the services of the undersigned counsel, for
which services plaintiff paid TWENTY THOUSAND PESOS
(Php20,000.00) as ACCEPTANCE FEE plus THREE
THOUSAND PESOS (P3,000.00) as APPERANCE FEE for
every court appearance;

19. That in enforcing his rights and interests, plaintiff further incurred
and will continue to incur LITIGATION EXPENSES, which will
not be less than TWENTY THOUSAND PESOS (P20,000.00).

PRAYER

WHEREFORE, PREMISES CONSIDERED, it is most

respectfully prayed for upon this Honorable Court that the instant
complaint be GIVEN DUE COURSE and upon due notice and
hearing of the parties, that judgment be rendered in favor of the
plaintiff ordering the defendants:

a. DECLARING the plaintiff as the rightful possessor of the entire

portion of the subject property, particularly Lot 3278;

b. Ordering the defendants to vacate the portion of the aforesaid

property which they are unlawfully occupying, restore to the
plaintiff the possession thereof, and demolish the house or
improvement that they built thereon;

c. Ordering the defendants to pay the following damages:

1. TWENTY THOUSAND PESOS (Php20,000.00) as

reasonable compensation for the use and
occupation of the premises;

2. TWENTY THOUSAND PESOS (Phph20,000.00) as

MORAL DAMAGES;
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 3. TWENTY THOUSAND PESOS (Php20,000.00) as
EXEMPLARY DAMAGES;

4. TWENTY THOUSAND PESOS (Php20,000.00) as

ACCEPTANCE FEE plus TWO THOUSAND PESOS
(Php3,000.00) as APPERANCE FEE for every court
appearance;

5. LITIGATION EXPENSES, not less than TWENTY

THOUSAND PESOS (Php20,000.00)

d. Other reliefs just and equitable under the premises are likewise
prayed for.

Tacloban City for Sogod, Southern Leyte, August 24, 2015.

ATTY. MAILA DE LEON

Counsel for the Plaintiff
MDL LAW OFFICE
2/F, Room A-202 S. Mendoza Building,
Salazar Street, Tacloban City, Philippines 6500
Attys. Roll No. 91710/June 9, 2003
IBP O.R. No. 021303/01-05-2014, Leyte Chapter
PTR No. PL 122711/01-05-2015, Tacloban City
MCLE Compliance No. V-020307, 11-07-2014
Valid Until December 7, 2016
Phone No.: 09167017637
Email: attymailadeleon@gmail.com
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 VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING

I, ANTONIA DELA CUESTA, of legal age and a resident of

Barangay Maac, Sogod, Southern Leyte, Philippines, after having
been duly sworn, depose and say:

1. That I am the representative of ARMANDO DELA CUESTA,

plaintiff in the above-entitled complaint;

2. That I have caused the preparation of this complaint;

3. That I have read the allegations therein contained, and that the
same are true and correct of my personal knowledge or based
on authentic records; and

4. That I have not theretofore commenced any action or filed any

claim involving the same issues in any court, tribunal, or quasi-
judicial agency and, to the best of my knowledge, no such other
action or claim is pending therein; and if I should thereafter
learn that the same or a similar action or claim has been filed or
is pending, I shall report that fact within five (5) days therefrom
to the court wherein the aforesaid initiatory pleading has been
filed.

WITNESS my hand this 24th day of August 2015 in Tacloban

City, Philippines.

ANTONIA DELA CUESTA

Affiant

SUBSCRIBED AND SWORN TO before me, a Notary Public, this

24th day of August 2015, in the City of Tacloban, Philippines, affiant
appearing before me and exhibiting her Driver’s License with number
45172402167.

Doc. No. 24;

Page No. 05;
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Book No. VIII;

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Series of: 2015