Republic of the Philippines

7th Judicial Region

___________________
_______________

Civil Case No. ________

FOR: Ejectment with Damages

_________________________________
Plaintiffs,

-versus-

____________________________,
Defendant.
x----------------------------------------------x

COMPLAINT

PLAINTIFFS, through counsel unto this Honorable Court, most

respectfully aver THAT:

THE PARTIES

1. Plaintiffs _________________________________are Filipinos, all of

legal age, and residents of __________________________.

2. Respondent ______________________ a Filipino, of legal age, and a

resident of ________________________________, where he may be
served with summons and other pertinent papers and effects;

THE FACTS

3. Plaintiffs are the true and registered owner of a parcel of land situated
at San Isidro, San Miguel, Bohol, (under the jurisdiction of the
Honorable Court) containing an area of TWENTY EIGHT
THOUSAND FIVE HUNDRED FIFTY EIGHT (28,558)
SQUARE METERS and covered by Transfer Certificate of Title
No. __________________ of the Register of Deeds of Bohol and with
Tax Declaration No. ____________________. Copy of the said
Transfer Certificate of Title and Tax Declaration are attached
herewith as ANNEXES “___” and “___”, respectively;

4. The said title was issued by the Register of Deeds of Bohol on June
03, 2015 by virtue of the transfer as evidenced by an Extrajudicial

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 Settlement of Estate with Simultaneous Sale (attached herewith as
ANNEX “D”);

5. Plaintiffs Spouses already bought the subject property as early as 2010

from their predecessors-in-interest but fully paid the same only in
November 2014. Hence, the aforesaid Extrajudicial Settlement of
Estate with Simultaneous Sale was executed only in November 2014.
Nevertheless, the ownership and possession of the said land was
already delivered to __________________. as early as 2010 and the
latter already introduced works and plantings thereon. This fact is
attested by the original owners by executing an Affidavit, attached
herewith as ANNEX “E”;

6. However, _________________. left San Miguel for his duties as a

member of the Philippine Marines as he was being assigned to
Mindanao;

7. When he came back to San Miguel for vacation in September 2015,

he was surprised when the respondent forcibly entered the subject
property by means of stealth and strategy as respondent occupied the
subject property and even introduced some improvements thereon
without the Plaintiff Spouses’ knowledge and consent;

8. When the Plaintiffs learned about the illegal possession of the

defendant, they immediately demanded from the defendant to vacate
the subject property;

9. Plaintiffs filed a case for barangay conciliation proceedings before the

Office of the Punong Barangay ____________________ but no
settlement was reached, as evidenced by the Certification to File
Action attached herewith as ANNEX “F”;

10. Since no amicable settlement was reached by the parties, Plaintiffs

sent a formal demand letter against the defendant for the latter to
vacate the subject property. The said demand letter is attached
herewith as ANNEX “G” and the Affidavit of Service as ANNEX
“H”;

11. As parties are relatives, earnest efforts were done to settle the issue
with the Lupon Tagapamayapa, but the defendant would still not
surrender possession of the property to its lawful owners and
possessors prompting the Lupon to issue a “Certificate to File Action,
as mentioned above;

12. Notwithstanding demands, both written and verbal, the defendant

refused and continues to refuse to vacate said property;

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 13. That because of defendant’s refusal to surrender possession of the
property to plaintiffs, the latter was compelled to hire the services of
undersigned counsel to protect their interest and to file the complaint.
Hence, Plaintiffs incurred Attorney’s Fees in the amount of FIFTEEN
THOUSAND PESOS (Php 15,000.00) and will be paying counsel
THREE THOUSAND FIVE HUNDRED PESOS (Php 3,500.00) as
appearance fee per hearing as well as expenses of litigation projected
to be at TEN THOUSAND PESOS (Php 10,000.00);

14. The illegal occupation by the defendant of the premises of the

property has deprived the plaintiffs the beneficial use thereof and this
has resulted in actual damages in the form of lost monthly income on
crops or rental of ONE THOUSAND FIVE HUNDRED PESOS (PHP
1,500.00). Plaintiffs also incurred moral damages for the sleepless
nights, anxiety, mental and psychological pain in the amount of
TWENTY THOUSAND PESOS (PHP 20,000.00) as well as
exemplary damages of FIVE THOUSAND PESOS (PHP 5,000.00)
for the defendant’s blatant and wanton disregard of plaintiff’s rights.

PRAYER

WHEREFORE, premises considered, plaintiffs sincerely pray that

the Honorable Court renders judgment in their favour, ordering that:

1. Defendant peacefully vacate the premises of the subject real

property;

2. Defendant demolish any and all structures made by him upon the
same property, at his own expense, without any right to
compensation nor reimbursement;

3. Defendant reimburse the plaintiff the amount spent for the

lawyer’s and litigation fees;

4. Defendant pay the plaintiff the amount of TWENTY

THOUSAND PESOS (PHP 20,000.00) for moral damages and
FIVE THOUSAND PESOS (P5,000.00) for exemplary damages;

5. Defendant pay plaintiffs a monthly rent of TWO THOUSAND

PESOS (PHP 2,000.00) per month from December 2015 until such
time that an affirmative decision on the matter had been
promulgated;

6. Plaintiff further prays for such other reliefs as may be just and
equitable in the premises.

Tagbilaran City, (for Trinidad ), Bohol, Philippines. December ____,

2015.

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 ___________________________
Counsel for the Complainant
___________________________
____________________________
Roll No. __________ / March 23, 2012
PTR No. _______________/Jan. 14, 2015/Tagb. City
IBP No. ______________/ Jan. 14, 2015/ Tagb. City
MCLE Compliance No. __________ / Feb. 8, 2013
Contact No.: ________________________
E-mail: _______________

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