Republic of the Philippines

REGIONAL TRIAL COURT

Branch 2
Tacloban City

JUAN SANCHEZ,
Plaintiff CIVIL CASE NO. 21368.

-versus- FOR: Recovery of Possession

With Prayer for Preliminary
BEN TULFO Mandatory Injunction
Defendant.
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COMPLAINT

Comes Now, Plaintiff through undersigned counsel, unto the

Honorable Court, most respectfully states and avers: THAT-

1. Plaintiff is of legal age, married, and resident of Brgy, 65

Sagkahan, Tacloban City;

2. Defendant is likewise of legal age, and resident of Brgy, 65

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

3. Plaintiff is the true and registered owner of a parcel of land

situated in Brgy, 65 Sagkahan, Tacloban City; covered by
Transfer Certificate of Title No. T-4,465 consisting of an area of
ONE HUNDRED EIGHTY (180) square meters; (hereto
attached and marked as Annex “B”, (“B-1”, “B-2” and “B-3”) is
the copy of the Certified True Copy of TCT No. T-4,465)

4. The present assessed value of the subject parcel of land is Six

Thousand Three Hundred Pesos (P 6,300.00) as can be
gleaned from the present tax declaration of the same under Tax
Declaration No. 2K9-002930; (hereto attached as Annex “C” is
copy of said tax declaration for reference)

5. The subject parcel of land was declared in the name of the

Plaintiff for tax purposes since 1980 under Tax Declaration No.
1631; (copy of Tax Declaration No. 1631 is hereto attached and
marked as Annexes “D” and “D-1”;

6. Plaintiff has been paying the real property taxes of the subject
parcel of land since 1980 up to the present as evidenced by the
 certification issued by the Office of the City Treasurer of
Pagadian City dated 6 November 2017; (hereto attached and
marked as Annex “E”;

7. Since Plaintiff had no immediate need of the subject parcel of

land, the former allowed Defendant and her family to occupy
the same with the condition that the latter shall vacate the
subject parcel of land after demand is made upon them by the
Plaintiff; (hereto attached and marked as Annexes “F” and “F-1”
is the affidavit of Miguel Alvar Bernante for reference)

8. Sometime in year 2012, Plaintiff demanded from the Defendant

and her family to vacate the said subject property but the latter
refused and still continue to occupy the said property;

9. Sometime in year 2016, the said subject lot was gutted by fire
including the house erected thereon. As a result thereof,
Plaintiff, through his son, decided to cordon the area and
instructed the Defendant and her descendants to vacate the
premises, however, the latter refused to turn over the property
and instead constructed a house thereat; (pictures of the
wreckage of the property after the fire incident is hereto
attached for reference and marked as Annexes “G”, “G-1”, “G-
2”, “G-3”, “G-4” and “G-5”);

10. Consequently, Plaintiff was able to secure a copy of a

Notice of Illegal Construction issued by the Office of the
Building Official, Pagadian City, dated 11 July 2016. In that
notice, Defendant was advised to stop the construction of the
house over the subject property. (A copy of said notice is hereto
attached for reference and marked as Annex “H”);

11. On 18 July 2016, Plaintiff thru a lawyer demanded the

Defendant to cease and desist from further constructing a
house in the said subject property as herein Defendant
continued to construct and build a house thereat. The demand
letter was delivered to the thru the Office of the Barangay of
Barangay Balangasan, Pagadian City; (A copy of the demand
letter, pictures depicting the construction of the house, and the
affidavit of the Barangay Messenger are hereto attached for
reference and marked as Annexes “I”, “J”(“J-1”, “J-2”, “J-3”, and
J-4”) and “K” respectively);

12. A case for unlawful detainer was already been instituted

by the Plaintiff against herein Defendant which was docketed
with Civil Case No. 2599. The case was dismissed by the Court
 in favor of the Defendant for, accordingly, failure of the Plaintiff
to bring the action personally before the Lupon Tagapamayapa
for the conciliation proceedings;

13. After the dismissal of the case, another demand letter

was sent to the Defendant demanding her to vacate the subject
parcel of land with the assistance of the Office of the Barangay
of Barangay Balangasan, unfortunately, this time, Defendant
refused to receive the demand letter; ( hereto attached and
marked as Annex “L” is the copy of the demand letter dated 15
December 2017)

14. By reason thereof, Plaintiff was constrained to send a

demand letter by way of registered mail, but was returned
unserved for “ Party Out No One to Received” . Another
demand letter was again sent by way of registered mail but
likewise returned unserved for the same reason;

15. Despite numerous demands for her and her family to

vacate, Defendant has remained in illegal possession of the
said land up to the present and still retain such possession;

16. Defendant has been in possession over the parcel of land

without any legal right. In fact, it is herein Plaintiff who is paying
the annual real property taxes of the subject parcel of land.
Defendant is enjoying the possession over the same to the
prejudice of the registered owner of the parcel of land,
considering that Plaintiff despite wanting to ;

17. The reasonable rental of the land is Php 3,000.00 per

month;

18. Accordingly, while possession by tolerance is lawful, such

possession becomes illegal upon demand to vacate is made by
the owner and the possessor by tolerance refuses to comply
with such demand (Prieto v. Reyes 14 SCRA 432; Yu v. De
Lara, 6 SCRA 786, 788; Isidro v. Court of Appeals, G.R. No.
105586, December 15, 1993);

19. A person who occupies the land of another at the latter’s

tolerance or permission without any contract between them, is
necessarily bound by an implied promise that he will vacate
upon demand (Yu v. De Lara, supra cited in Sumulong v. Court
of Appeals, G.R. No. 108817, May 10, 1994);
 20. Due to unjust refusal of the Defendant to vacate and
return the said land to the Plaintiff, the latter was considered to
endorse the said matter to his legal counsel for the filling of an
appropriate action in court and incurred attorney’s fees in the
amount of Php 50, 000.00 and the amount of Php 2, 500.00 per
court hearing;

21. This action is being filed within a period of two (2) years
from the demand on Defendant to vacate the said property.

PETITION FOR ISSUANCE OF THE WRIT OF PRELIMINARY

INJUNCTION

Plaintiff re-pleads all the foregoing allegations by way of reference in

so far as they are for the issuance of preliminary injunction.

22. That the plaintiff is entitled to the relief demanded and the
whole or part of such relief consist in ordering the defendant to
deliver to the plaintiff possession of the land subject of this case
which is described under paragraph 4 of the complaint;

23. That the continued possession or continuance of the

unlawful acts complained of during the litigation would cause
irreparable damage to the plaintiff who is wrongfully prevented
in entering and taking possession of his land and considering
that the defendant has already constructed a structure on the
land.

24. That the plaintiff is able and willing to put up an injunction

bond in the sum fixed by this Honorable court, executed in favor
of the defendant to the effect that the plaintiff will pay all
damages which defendant may suffer as a result of the
injunction if the court should finally decide that plaintiff is not
entitled thereto.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of

this Honorable Court that pending final judgment, a writ of preliminary
mandatory injunction be issued ordering the defendant to vacate and
deliver to the plaintiff the land described under paragraph 3 of the
complaint and after due hearing making the injunction permanent and
further after due notice and hearing, judgment be rendered in favor of
the plaintiff, as follows:
1. Ordering the defendant demolish and/or to remove at his
expense whatever structure he caused to be constructed on Lot No.
1451-B and also to demolish and/or remove the concrete fence
constructed on the South Eastern side of Lot No. 1451-B which is
described under paragraph 3 of this complaint.

2. Ordering the defendant his servants and those residing and

working under them to vacate Lot No. 1451-B and to deliver
possession thereon to the plaintiff;

3. To pay the plaintiff the sum of P2,000.00 a month until such

time that the land Lot No. 1451-B is delivered to the plaintiff;