Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Quezon City
Branch ___

PEDRO SANTOS, CIVIL CASE No. ____

Plaintiff,

-versus- for
RECOVERY OF POSSESSION
JUAN DELA CRUZ, (Accion Publiciana)

Defendant.
x---------------------------x

C O M P LA I N T

COMES NOW, Plaintiff PEDRO SANTOS, through the undersigned

counsel, unto this Honorable Court, most respectfully states that:

1. Plaintiff PEDRO SANTOS (Plaintiff for brevity), is a Filipino, of legal

age, single, and a resident of 123 Matalino St., Quezon City, Philippines. He
may be served with summons, orders, and other court processes at the
undersigned counsel’s address hereunder indicated;

2. Defendants JUAN DELA CRUZ (Defendant for brevity), is a Filipino, of

legal age, single and a resident of 456 Maginhawa St., Quezon City,
Philippines;

3. Plaintiff is the registered owner of a parcel of land located at First Street,

Quezon City, described as Lot 123-B-4-A-5 of the subdivision plan PSD-12-
456789, being a portion of Lot 987-B-7-A-6, containing an area of THREE

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HUNDRED (300) square meters. That said lot described above is evidenced by
TCT # 1234567891011 and herein attached as Annex “A”.

4. On March 4, 2012, Plaintiff was offered the above-mentioned parcel of

land by Mr. Dominador Sanchez, a real estate agent of the subdivision and
subsequently a sale is perfected evidence by an Absolute Deed of Sale dated
July 10, 2012. A copy of the Deed of Absolute Sale is attached herein as Annex
“B”.

5. Before the execution of said Absolute Deed of Sale, the plaintiff checked
with the Registry of Deeds for any issues that may affect him as a buyer. Upon
confirmation with the Registry of Deeds, Plaintiff was affirmed that the title is
clear of any encumbrance and/or lien.

6. As a consequence of such sale, Transfer Certificate of Title

121314151617-18 was cancelled and Transfer Certificate of Title (TCT) with
number TCT-123-4567891011 was issued by the Registry of Deeds for Quezon
City in favor of herein Plaintiff.

7. On April 2013, Plaintiff hired workers to build a fence to the said

property. While in the process of doing so, Defendant, who owns the lot next to
the said property, all of a sudden interfered claiming that the latter owns the
portion of the property where the fence is to be built. Defendant further claims
that he owns ONE HUNDRED TWENTY FIVE SQUARE METERS (125 sq.
mtrs.) of the said property. So as to avoid any grisly conflict, the Plaintiff
ordered his workers to halt the improvements on that portion but to continue
with the rest of the subject property;

8. On May 20, 2013, Plaintiff travelled to Singapore for a two-year contract

of work. While outside of the country, the Defendant built a warehouse on that
portion of the subject property, without any prior consent from the Plaintiff;

9. The Plaintiff, upon knowledge of such fact, instructed the care taker of
the property to have the subject property re-surveyed and to finally determine
and settle the metes and bounds of the subject property. However, on the actual

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day that the surveyor was to work on the subject property, Defendants
vehemently prohibited the surveyor hence the job did not push through.

10. The caretaker asked assistance from the Barangay Tanod and officials of
the Subdivision to aid in conducting the re-survey, but due to the opposition of
the Defendant, all attempts were futile.

11. Despite repeated verbal and written demands, Defendants still refused to
surrender the possession of the One Hundred Twenty Five (125 sq. mtrs.)
square meters portion of the above-mentioned lot which they continue to
deprive possession from the Plaintiff. Moreover, Defendants likewise refused to
remove the warehouse, all to the damage and prejudice of the Plaintiff. Hereto
attached are copies of the Demand Letter dated 10 March 2014 and Final
Demand Letter dated July 16, 2016 with its Registry Receipt and Return Card
marked as Annexes “C and D” and “E and F” with sub-markings, respectively.

12. Plaintiff, by virtue of SPA, authorized the caretaker to likewise brought

the matter before the Barangay PAG-ASA in order to assert his right over the
property, however, Defendants refused to participate nor appear before the
Barangay. Hence no amicable settlement materialized and subsequently, the
Office of the Punong Barangay of PAG-ASA issued a Certificate to File Action
dated 6 August 2017. Hereto attached is a copy of the Certificate to File Action
marked as Annex “G”;

13. However, due to the Plaintiff’s work in Singapore, he was not able to
seek judicial recourse immediately. That by reason of the Defendants’ unlawful
refusal to surrender the possession of the One Hundred Twenty Five (125 sq.
mtrs.) square meters area to the Plaintiff and to remove the improvements built
on the property owned by the Plaintiff, the Plaintiff was constrained to bring
this action against the Defendants and acquired the services of a counsel and
therefore incurred the amount of Twenty Thousand Pesos (Php.20,000.00) as
attorney’s fees plus docket fees, and other litigation expenses, as may be proved
in the course of the proceedings.

PRAYER

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 WHEREFORE, after due notice and hearing, herein Plaintiff most
respectfully prays for the following:

1. That the Honorable Court render a judgement in favour of the herein

Plaintiff and order herein Defendants to surrender and return the
possession of the One Hundred Twenty Five (125 sq. mtrs) square
meters area of the above-mentioned lot which they continue to withhold
from the Plaintiff;

2. To order the Defendants to remove the improvements erected inside the

premises of the above-mentioned lot of the Plaintiff;

3. That the Honorable Court order herein Defendants attorneys’ fees in the
amount of Twenty Thousand Pesos (Php.20,000.00) plus docket fees,
and other litigation expenses;

Other reliefs that are just and equitable under the law are likewise being prayed
for.

20 September 2018. Quezon City for Quezon City, Philippines.

MARIA SAN PEDRO

Counsel for Plaintiff
20 Manga St., ABC, Quezon City
PTR No. 1019910C/1-27-92/P.A.
Roll of Attorneys No. 8416
IBP No. 090524/6-1-142/Quezon City
MCLE Exemption No. III-000324
September 11, 2008/ Quezon City

REPUBLIC OF THE PHILIPPINES)S.S.

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CITY OF QUEZON X X X)

VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING

I, PEDRO SANTOS, Filipino, of legal age, single, and a resident of

House 1, Quezon City, Philippines after having been duly sworn in accordance
with law, hereby depose and say that:

1. I am the Plaintiff in the above-entitled case and have caused the

preparation of the foregoing action for Recovery of Possession (Accion
Publiciana);

2. I have read and understood the contents thereof; and the facts therein
alleged are all true and correct to the best of my knowledge and based on
authentic records;

3. I further certify that I have not commenced any other action or

proceeding involving the same issue in the Supreme Court, Court of Appeals,
or different Divisions thereof; or any other Tribunal or Agency, and that if I
should learn that a similar action or proceeding has been filed or is pending
before the Supreme Court, Court of Appeals, or any other Tribunal or Agency, I
shall undertake to notify this Honorable Court within five (5) days from such
notice.

IN WITNESS WHEREOF, I have hereunto set my hands on this

__________________ at the City of Quezon, Philippines.

(SIGNED)
Mr. PEDRO SANTOS
Affiant

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 SUBSCRIBED AND SWORN to before me on this __________________,
Affiant Mr. A, exhibiting to me his SSS ID No. 12-3456789-0 at Quezon City,
Philippines.

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 2018.