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Regional Trial Court
Branch __
Dagupan City, Pangasinan


-versus- Civil Case No. _______________

For: Recovery of Possession and
PLAINTIFF, through counsel and to this Honorable Court, respectfully avers that:
1. Plaintiff is of legal age, Filipino, and a resident of Paitan West, Sual,
Pangasinan, where he may be served with notices and other court
processes, in addition to or in lieu of their counsel’s address;

2. Defendant is of legal age, Filipino, and a resident of Elgin T. Rabara

where he may be served with summons, notices, orders and other court
processes that this Honorable Court may issue;

3. Plaintiff is the owner of a parcel of land covered by Tax Declaration (TD)

No. 8293, containing an area of 22, 152 sq. m., more or less located in
Paitan, Sual, Pangasinan, issued by the Assessor’s Office in Lingayen,
Pangasinan, with an assessed value of thirty-seven thousand six hundred
ninety pesos (Php37, 690.00), certified copy of which is attached herewith
and made an integral part hereof as Annex “A”;

4. Plaintiff has been paying the real property taxes of the subject parcel of
land since up to the present as evidenced by Latest Official Receipt hereto
attached and marked as Annex “B” and series;

5. After the execution of the sale in favor of the plaintiff, she immediately
occupied the said parcel of land, built her house, cultivated the land and
planted crops and fruit-bearing trees thereon. Copies of the photographs of
the house and crops are herein attac hed as Annex “B”;

6. That sometime on June 2016, plaintiff went to Olongapo to pursue her

business of selling “bagoong” and stayed there until August 2018;
7. That upon arriving at her house, she discovered that the defendants have
already built their house and other structures on my land;

8. That plaintiff requested that defendant vacate the said property but the
defendant refused to leave the premises. The Plaintiffs made numerous
demands, albeit verbally, for the defendant to vacate the premises, to no

9. The Plaintiffs filed a complaint against the Defendants with the Office of
the Barangay Chairman of Barangay Buelag, Mangaldan, Pangasinan, but
because of the failure of the parties to reach a settlement, the Barangay
Chairman issued to the Plaintiff a Certificate to File Action dated January
22, 2019, photocopy of which is attached herewith and made an integral
part hereof as ANNEX “C”;

10. On February 11, 2019, Plaintiffs, through counsel, demanded that

the Defendant vacate the property within ten (10) days from notice;
photocopy of the letter is attached herewith and made an integral part
hereof as ANNEX “D”.

11. Plaintiffs were deprived of all the beneficial use of the subject lot due
to the refusal of the defendantto vacate their property;

12. Plaintiffs also suffered sleepless nights, mental anguish, fright,

serious anxiety, besmirched reputation, wounded feelings, moral shock
and social humiliation from the said dispossession. For such, Defendant
should be made to pay the Plaintiffs the sum of Twenty Thousand Pesos
(P20,000.00) by way of moral damages;

WHEREFORE, it is most respectfully prayed that, after due hearing, judgment be

rendered in favor of the Plaintiff:

a. Ordering the Defendant, their family, successors, assignees, heirs, and all
persons claiming rights under them to vacate the lot covered by land
covered by TCT No. 026-2017003433and to peacefully turn over the
possession thereof to the Plaintiff;

b. Ordering the Defendants to pay the Plaintiff the amount of Twenty

Thousand Pesos (P20,000.00) as moral damages;

c. Ordering the Defendants to pay the costs of suit;

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

Lingayen, Pangasinan

Integrated Bar of the Philippines

Legal Aid Service
Pangasinan Chapter
BonuanTondaligan, Dagupan City
Atty. Mageryl Shay B. De Guzman
Alvear Street, Lingayen, Pangasinan
Roll No. 71457
PTR No. 4031001; 6/18/2018
IBP No. 039927; 05/10/2018
TIN No. 721-931-954
MCLE Governing Board No. 1 S. 2008


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