Republic of the Philippines)

City of Tuguegarao) s.s

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

We, THREE DINANATUTO, FOUR DINANATUTO and FIVE

DINANATUTO, of legal age, Filipino and residents of No. 30 Molave Street,
Brgy. Mangga, Cabagan, Isabela after having been duly sworn to in
accordance with the law hereby depose and say:

1. That we are plaintiffs in the above-entitled case;

2. That we caused the preparation of the foregoing complaint;

3. That we have read and understood the contents therein and that they
are true and correct out of our own personal knowledge;

4. That we personally know that the instant case had not been filed
before any judicial or administrative forum; nor is there any pending
case for the same cause of action involving the same parties; that in
the event that there is such before any judicial body or agency; we
bind ourselves to notify the court within a period of five (5) days from
such knowledge.

Cabagan, Isabela, October 2020.

THREE DINANATUTO
Plaintiff
Postal ID No. 123456
Issued on March 5, 2020
At Cabagan, Isabela

FOUR DINANATUTO
Plaintiff
Postal ID No. 123455
Issued on March 5, 2020
At Cabagan, Isabela
 FIVE DINANATUTO
Plaintiff
Postal ID No. 123454
Issued on March 5, 2020
At Cabagan, Isabela

SUBSCRIBED AND SWORN to before me this 5th day of October 2020 in

Cabagan, Isabela, Philippines. Affiant exhibiting to me their Postal ID as
aforewritten.

Atty. Jenny D.Butacan

Counsel for the Plaintiff
Room 300 Mall of the Valley,
Tuguegarao City
 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
SECOND JUDICIAL REGION
BRANCH 22
CABAGAN, ISABELA

HEIRS OF SPS. TOM AND TOMASA DINANATUTO

Plaintiff,

Versus Civil Case No.123

For: Recovery of Possession
SIX NAPAASA
Defendant.

COMPLAINT

PLAINTIFFS, Heirs of Sps. Tom and Tomasa Dinanatuto, through the

undersigned and unto the Honorable Court, most respectfully state that:

PARTIES

1. That the plaintiffs, Three Dinanatuto and Four Dinanatuto, are both
Filipino, of legal age, single, and a resident of No. 30 Molave Street,
Brgy. Mangga, Cabagan, Isabela where they may be served with
summons and other court processes;

2. That the plaintiff, Five Dinanatuto, is Filipino, of legal age, married,

and a resident of No. 30 Molave Street, Brgy. Mangga, Cabagan,
Isabela where they may be served with summons and other court
processes;

3. That the plaintiffs, Juan Dinanatuto and Two Dinanatuto executed a

Special Power of Attorney, a copy is attached herewith and made an
integral part hereof as ANNEX “A-1”- “A-3” respectively.

4. That the defendant Six Napaasa, Filipino, of legal age, married, and
resident of a resident of No. 15 Kamagong Street, Brgy. Mangga,
 Cabagan, Isabela where they may be served with summons and
other court processes;

STATEMENT OF FACTS

5. That the plaintiff parents are the absolute and registered owners of a
parcel of commercial land situated in Cabagan, Isabela containing an
area of Five Thousand (5000) square meters, more or less, covered
by Transfer Certificate of Title No. 7890, and duly registered with the
Register of Deeds of Isabela, on September 8, 1995 and now leased
and occupied by Aim Global Inc., copy of which is hereto attached
and marked as ANNEX “B”;

6. That in 2005 the spouses Tom and Tomasa died intestate devolving
the ownership of the said parcel of land unto the siblings;

7. That in 2016 Juan went abroad to work and never returned while Two
lived with her husband in Davao City. Three and Four found work in
Manila and stayed there until December of 2019;

8. That in 2017, Five adjudicated unto himself the entire property and
sold the same unto Six who then entered in a Contract of Lease with
Aim Global, Inc. - a corporation engaged in BPO, for the purpose of
erecting a building intended as a BPO office in the said locality with
the goal of providing jobs to at least 200 residents of Cabagan,
Isabela;

9. That in 2019, Three and Four went home to Cabagan, Isabela and
discovered that the land registered in the name of their father had
been occupied by Aim Global, Inc.;

10. That the plaintiff Two executed an Affidavit of Adverse Claim

when he discovered the edifice in the said property, copy of which is
hereto attached and marked as ANNEX “C”;
11. That the defendat Six claimed that Five executed an Affidavit of
Self Adjudication and Deed of Absolute Sale, copy of which is hereto
attached and marked as ANNEX “D”;

12. That the plaintiff Five admitted that he executed an Affidavit of

Self Adjudication and Deed of Absolute Sale out of fear, intimidation
and duress from the acts of Six when he was drunk;

13. That the plaintiffs sent several Demand Letters through

Registered Mail with Registry Receipt against Six and Aim Global,
Inc. and Certification of Post Master with respect to the said Registry
Receipts to vacate the said property but to no avail, copy of which is
hereto attached and marked as ANNEX “E”;

14. Thus, Defendant is unlawfully withholding possession of the

subject land from the plaintiff despite last and final demand, to the
damage and prejudice of the plaintiff;

15. Before filing of this complaint, the dispute has been referred to
the Lupong Tagamayapa of Brgy. Mangga, Cabagan, Isabela but the
parties failed to arrive at an amicable settlement, copy of which is hereto
attached and marked as ANNEX “F”;

CAUSE OF ACTION

16. That the Plaintiffs seek to recover the subject lot being held by the
Defendants under the right of an absolute and registered owner. The
Plaintiffs cause of action falls under Accion Reivindicatoria or recovery
of the ownership of the said property from defendant Six.

Accion reivindicatoria or accion de reivindicacion is thus an action

whereby plaintiff alleges ownership over a parcel of land and seeks
recovery of its full possession.
 17. Plantiffs suffered anxiety, sleepless nights, besmirch reputation,
social humiliation, mental anguish, wounded feeling and moral shock.

RELIEFS SOUGHT

Wherefore, premises considered, plaintiff respectfully seeks that the

honourable court:

18. Ordering the Defendant Six to vacate the lot covered by TCT No.
T-7890 of the Registry of Deeds for the Province of Cabagan, Isabela,
and to peacefully turn over the possession thereof to the Plaintiffs;

19. Order the respondent to pay the plaintiff in the amount of ONE
HUNDRED THOUSAND (P100,000.00) as moral damages;

20. FIFITY THOUSAND (P100,000.00) actual damages;

21. Attorney’s fee in the amount of FIFTY THOUSAND (P80,000,00)

pesos and THREE THOUSAN (P 3,000.00) per court hearing;

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

Other reliefs, just and equitable under circumstances are also sought for.

Issued this 5th day of October 2020, City of Tuguegarao, Cagayan

ATTY. JENNY D. BUTACAN

Counsel for the Plaintiff
Room 300 Mall of the Valley, Tuguegarao City
Roll Number: 98765
IBP No.: 1123- January 30, 2020
PTR No.: 920511 – Tuguegarao City, Cagayan
MCLE COMPLIANCE:NEWLY ADMITTED TO THE BAR
Mobile Number: 09351365227
Email add.jennybutacan17@gmail.com