Republic of the Philippines

REGIONAL TRIAL COURT

8th Judicial Region
BRANCH ____
Tacloban City
SPS. BAYANI BOB MONTECASTRO
____________
and HELEN MORENO MONTECASTRO,
Plaintiffs,

CIVIL

CASE

No.

FOR:
JUDICIAL ABATEMENT OF
NUISANCE
and

MANDAMUS
-v e r s u sSPS. FELIPE MAILIM & ERLINDA MAILIM,
WILLIAM B. PLACA,SR.
Barangay Chairman,
Brgy. 88, San Jose, Tacloban City
and TACLOBAN CITY ENGINEERS
OFFICE, represented by City
Engineer Felix Ripalda,
Defendant.
xx----------------------------------------------xx

COMPLAINT
PLAINTIFFS, by counsel, unto this Honorable Court most
respectfully aver: THAT
I. Plaintiffs SPOUSES BAYANI BOB MONTECASTRO and
HELEN MORENO MONTECASTRO are both of legal age, married, and
with postal address at Costa Brava, Brgy. 88, San Jose, Tacloban City,
where they may be served with court notices; the defendants SPS.
FELIPE MAILIM and ERLINDA MAILIM are both of legal age and with
postal address at Costa Brava, Brgy. 88, San Jose, Tacloban City;
defendant WILLIAM B. PLACA, SR. is of legal age, Filipino and a
Barangay Chairman of Brgy. 88 San Jose, Tacloban City, at which place
he may be served with summons and notices; and public defendant
TACLOBAN CITY ENGINEERS OFFICE, Tacloban City, represented by its
CITY ENGINEER FELIX RIPALDA. All the
have the capacity to sue and to be sued.

plaintiffs and defendants

2
2. Defendant WILLIAM B. PLACA SR. is a public official and the
dispute relates to the performance of his official functions; likewise, the
Office of the Tacloban City Engineer is an instrumentality of the Local
Government Unit of Tacloban City. Hence, pursuant to Sec. 408 (a) and
(b) of the Katarungang Pambarangay Law, this matter is beyond the
authority of the Lupon Tagapamaya to bring together the parties for a
barangay conciliation proceeding.
3. Defendants Spouses Mailim claimed a foreshoreland with an
area of 1000 sq.m. abutting the Cancabato Bay, in Costa Brava, Brgy.
88, San Jose, Tacloban City, evidenced by a SKETCH hereto attached
and made an intergral part hereof as ANNEX A.
4. Plaintiffs are also owners of a titled property located at the
same place, adjoining the foreshoreland of the defendants Mailim.
5. Defendants Mailim constructed a structure allegedly for shore
protection at the end of the existing barangay road and the adjoining
foreshore, and actually completed the building of a wall thereon, as
shown in the pictures hereto attached and made an integral part
hereof as ANNEX B.
6. This construction was in the guise of making a wharf, in
cahoots with the defendant Barangay Chairman William B. Placa, Sr.,
who in turn issued a Certification granting a permit to construct a
WHARF, which power is not vested in him but with the Philippine Ports
Authority; a copy of the Certification dated 7 April 2001 is hereto
attached and made an integral part hereof as ANNEX C.
7. Plaintiffs filed a Protest on 5 August 2001 against the
construction of this structure on the foreshoreland before the
Community Environment and Natural Resources Office, Tacloban City; a
copy of the Protest is hereto attached and made an integral part
hereof as ANNEX D. This protest fell into deaf ears.
8. Thus, on August 12, 2001, plaintiffs filed a case against
defendants Mailim before the barangay lupon of Brgy. 88, Tacloban
City, demanding for the removal of this illegal structure, but the lupon

3
merely left the parties as they are , as reflected in the Minutes of the
Meeting hereto attached and made an integral part hereof as ANNEX
E.
8. The Office of the Tacloban City Engineer, through OIC City
Engineer Concepcion Esperas, likewise sent a Notice of Violation to
defendants Mailim on 19 March 2004, indicating therein that said
defendants have no building/fencing permit and foreshore protection
permit, and no permit for ground preparation and excavation, a copy of
said Notice of Violation is hereto attached and made an integral part
hereof as ANNEX F.
9.

Despite all these demands, protests and administrative

remedies exhausted by the plaintiff, the defendants Mailim were

unperturbed to proceed and to complete the construction of a wall on
the end of the street, which now practically blocks the public passage
to the foreshore or to the sea and vice-versa. The defendants Mailim
were over-confident that the construction of the subject illegal
structure would not be stopped, because it had the blessings of the
barangay chairman.
10. This portion of the barangay road and the foreshore where
the illegal structure was built by defendants Mailim with the
connivance of Barangay Chairman Placa have not been withdrawn from
public servitude.
11. Such illegal structure now standing on the barangay road is a
nuisance, as it obstructs or interferes with the free passage of the
barangay road to the foreshore and to the sea.
12. Such nuisance, whether public or private, per se or per
accidens, has greatly affected the neighborhood and hindered or
impaired the use of the barangay road and the free access to the
foreshore to the sea.

WHEREFORE, it is respectfully prayed that, after due notice and

hearing, judgment be rendered:

1. Ordering the Tacloban City Engineers Office to demolish the

illegal walls constructed by the defendants Mailim on the
barangay road, which obstructed the free passage of the
barangay road of Costa Brava, Brgy. 88, Tacloban City;
2. Ordering the defendants Spouses Mailim and William Placa to
reimburse the attorneys fees in the amount of P20,000.00
only; and
3. Cost of litigation.
4. Other relief and remedies just and equitable in the premises
are also prayed for.

RESPECTFULLY SUBMITTED.

February 21, 2005 at Tacloban

City.

LEO S. GIRON
Counsel for the Plaintiffs
253 Avenida Veteranos, Tacloban City
Roll No. 37979
IBP Lifetime No. 00733
PTR No. 5803034; 1-3-05; Tacloban City

Republic of the Philippines

Province of Leyte
City of Tacloban

)
) SS
)

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING
We, SPOUSES BAYANI BOB MONTECASTRO and HELEN
MORENO MONTECASTRO, both of legal age and with post office
address at Brgy. 88, Costa Brava, San Jose, Tacloban City, after having
been first sworn according to law, hereby state:
We are the plaintiffs in the above-entitled case; We have caused
the preparation of the foregoing Complaint; We have read it and the
allegations therein are true and correct of our own personal knowledge
or based on relevant and authentic records.
That We have not theretofore commenced any action or filed
any claim or pleading involving the same or similar issues or subject
matter in the Supreme Court, Court of Appeals, lower courts or
administrative bodies and quasi-judicial agency and to the best of our
knowledge, no such other action or claim is pending therein; and if
there is such other pending action or claim, a complete statement of
the present status thereof; and, if we should thereafter learn hereafter
that the same or similar action or claim or pleading has been filed or is
pending with the Supreme Court, Court of Appeals, lower courts,
administrative bodies or quasi judicial agency; we shall undertake to
report that fact within five (5) days from knowledge thereof to the
court wherein this aforesaid complaint or initiatory pleading has been
filed.
IN WITNESS WHEREOF, we have hereunto set our hands this
21 February 2005 at Tacloban City, Philippines.
HELEN MORENO MONTECASTRO
MONTECASTRO
Affiant

BAYANI

BOB

Affiant

SUBSCRIBED AND SWORN to before me this 21 February 2005

at Tacloban City, Philippines.
Doc.No. ____
Page No. ____
Book No. 45
SERIES OF 2005