Republic of the Philippines

Third Judicial Region

MUNICIPAL TRIAL COURT IN CITIES
City of San Jose del Monte
Province of Bulacan
Branch ___

SPS. GERRY LAMINOZA &

EDITHA LAMINOZA
Plaintiffs,
Civil Case No.
_________________
For: Recovery of Possession
-versus-

MICHAEL ANDRES AND MARCELINA

ANDRES and all persons claiming rights
Under their name,
Defendants.
x---------------------------------------------------x

COMPLAINT

Plaintiffs through the undersigned counsel and unto this Honorable

Court respectfully states that:

1. Plaintiff Spouses GERRY and EDITH LAMINOZA are residents of Blk

20 Lot 11, Brgy. San Rafael 1, Area-H, City of San Jose del Monte,
Bulacan, where they may be served with court order and other
processes;

2. Defendants MICHAEL ANDRES, MARCELINA ANDRES, and all

persons claiming rights under them, are residents of Blk 20 Lot 12,
Brgy. San Rafael 1, City of San Jose del Monte, Bulacan where he
may be serve with summons, order and other court processes;

3. Plaintiff became owners of a certain parcel of land, through a Deed of

Sale from the original owner, Mariano Soriano Laminoza.

4. The parcel of land is situated in Blk 20 Lot 12, Brgy. San Rafael 1,
City of San Jose del Monte, covered by TCT No. T-414462 (M).
Attached is the photocopy of the Title as Annex A and made an
integral part hereof.

5. Herein Defendants requested Mr. MARIANO LAMINOZA to allow

them to stay in the subject property because at that time, defendants
have no place to live in and considering that Mr. Mariano Laminoza
and herein defendants are siblings, the former allowed the latter to
stay and occupied the parcel of land in question.
Affidavit of Complaint
Page | 2

6. Mr. Mariano Laminoza sold the property to herein plaintiff spouses

GERRY and EDITHA LAMINOZA on August 8, 2013. Attached is the
photocopy of Deed of Sale executed between Mr. Mariano Laminoza
and plaintiff spouses as Annex B and made an integral part hereof.

7. On January 2014 herein plaintiff spouses already wanted to use the

property they bought from Mr. Mariano Laminoza, so the plaintiff
demanded the defendants to vacate the property subject of this case.
But defendants adamantly refused to do so and even further told the
plaintiff spouses that herein defendants will never vacate the property
subject of this case.

8. Due to the evident manifestation of the defendants to vacate and

surrender the possession of the property to the plaintiffs, the latter
brought the matter before the Barangay for possible conciliation and
settlement. Lamentably, no settlement happened and as a
consequence thereof, Barangay San Rafael I have issued a
Katunayan Upang Makadulog sa Mataa na Tanggapan in favor of
herein plaintiffs, a copy of which is hereto attached as Annex C
and made an integral part hereof.

9. To give the defendants another chance to peacefully surrender the

possession and vacate the property, the plaintiffs delivered personally
a Demand letter on May 23, 2014. But again, defendants did not
heed the demand. As proof, attached hereto is the Demand Letter as
Annex D and the Joint Affidavit of Service as Annex E.

10. The same acts of the Defendant compelled the Plaintiff to incur
litigation expenses consisting of attorneys fees in the amount of
TWENTY THOUSAND (Php 20,000.00), twenty thousand pesos FOR
MORAL DAMAGES, and exemplary damages of TWENTY
THOUSAND PESOS (Php 20,000.00).

7. That, for this reason, I am now formally charging BERNADETTE

NIELO and JESUS ALIMAGNO of B. NIELO ENTERPRISES located at 90
Limcaoco Subdivision, Brgy.Tres (POB.) Cabuyao, Laguna (Calabarzon),
the offense of ESTAFA defined and penalized under Art. 315 of the Revised
Penal Code and for Violation of Batas Pambansa Blg. 22;

8. That, I am executing this Affidavit to establish the truth of the

foregoing.

IN WITNESS WHEREOF, I have hereunto affixed my signature on

this ____ day of August 2014, City of San Jose del Monte, Bulaan,
Philippines.

HUI KIM HO
KOBECO INDUSTRIES CO. INC.
Affiant
Affidavit of Complaint
Page | 3

SUBSCRIBED AND SWORN to before me on this ___ day of August

2014 in City of San Jose del Monte, Bulacan, Philippines.

ASSISTANT CITY PROSECUTOR

CERTIFICATION

This is to Certify that I have personally examined the above-named

affiant and was convinced of the truthfulness of her allegations hereof.

ASSISTANT CITY PROSECUTOR