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Republic of the Philippines Municipal Trial Court in Cities th 6 Judicial Region Branch 5 Boracay Island, Malay, Aklan
SPOUSES GREGORIO SANSON and MA. LOURDES SANSON, Plaintiffs, -versus-
Civil Case No. R- _____
HEIRS OF ANTONIO TAPUZ, Defendants. x----------------------------------------------/
For: FORCIBLE ENTRY
COMPLAINT
PLAINTIFFS, PLAINTIFFS, by counsel, to this Honorable Court, respectfully aver: That – That – 1. Plaintiffs are spouses, both of legal age, residents of Sitio Pinaungon, Balabag, Boracay, Malay, Aklan. They can be served with notices and other court processes at their given address address or through through undersigned counsel, at the address herein below given;
2. Defendants are of legal age,
3. Plaintiffs are registered owners of Lot No. ____________________, located in Sitio Pinaungon, Balabag, Boracay, Malay, Aklan covered under Transfer Certificate of Title No. 35813 of the Registry of Deeds of Malay, Aklan, a photocopy of which is attached as Annex “A” and “A” and made as an integral part hereof;
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4. Plaintiffs acquired the subject property by virtue of a Deed of Absolute Sale executed by its previous owners, on May 27, 1993 (Annex “B”);
5. After acquiring the land in 1993, Plaintiffs constructed a concrete and cyclone wire perimeter fence around the subject property (Annex “C”) and religiously paid real estate taxes due thereon up to the present as shown by photocopies of the Tax Declarations attached herein (Annex “D”);
6. Plaintiffs had been in physical possession of the whole lot since 1993 up to January 4, 2014 when the Defendants, entered a portion of the land with the view of inhabiting and building structures over the same;
7. Plaintiffs confronted Defendants before BSPU Police chief Inspector Jack L. Wanky and Barangay Captain Glenn Sacapaño. As a result of their confrontation, the parties signed an Agreement (Annex “E”) wherein defendants agreed to vacate the disputed portion of the land in question and agreed not to build any structures thereon;
8. After the incident of January 4, 2014, security guards were posted by the plaintiffs in the area.
9. On or about 6:30 AM of April 19, 2014, Defendants, some with bolos and one carrying a sack suspected to contain firearms with other John Does numbering about 120 persons, by force and intimidation, forcibly entered the premises along the road and built a nipa and bamboo structure inside the lot in question. The incident was captured in a photograph attached as Annex “F” and made an integral part hereof;
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10. The incident was promptly reported to the proper authorities as shown by plaintiff’s Certification of Entry in the police blotter (Annex “G”);
11.On the same date of April 19, 2014, the plaintiffs filed a complaint with the Office of the Lupong Tagapamayapa of Barangay Balabag, Boracay Island, Malay Aklan but no settlement was reached as shown in their Certificate to File Action (Annex “H”);
12.Despite being given time to reconsider their position, defendants obstinately and unlawfully refused to vacate the subject property, as well as to remove the illegal structures thereon, much to the damage and prejudice of herein plaintiffs. Thus, defendants have unjustly and continuously deprived plaintiffs of their legal right to possession and enjoyment of the subject property;
13.Being registered owners of the subject property; plaintiffs should be placed in possession thereof, and defendants should be ordered ejected therefrom as soon as possible in order to prevent further damage on the part of the plaintiffs;
14.The defendants’ continued possession of the subject property is patently illegal, a blatant violation of plaintiff’s title thereto;
15.In order to protect plaintiff’s interests, defendants should be made to pay reasonable compensation for their continued illegal use and occupation of the subject property, in the amount of _____ per month, from the time of the filing of this complaint until the subject property is actually vacated, and their illegal structures removed, which amount should be consigned with this Honorable Court;
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16.In order to propect their interests, plaintiffs were constrained to hire the services of counsel for an amount of _________;
17.Plaintiffs are likewise expected to incur not less than _________ in litigation expenses for which defendants should be liable to pay.
PRAYER WHEREFORE, it is most respectfully prayed of this Honorable Court to immediately order the defendants to consign with this Honorable Court the amount of _______ for every month of their use and occupation of the subject property, from the filing of this complaint until the property is actually vacated and the illegal structures are removed; and after trial, to render judgment in favor of the plaintiffs and against the defendants, ordering the defendants, as follows: 1. to vacate the subject property and remove their structures thereon;
2. to pay the plaintiffs, by way of reasonable compensation for their continued illegal and unlawful use and occupation of the subject property, from the filing of this complaint until they shall have vacated the property and removed their structures therefrom;
3. to pay attorney’s fees in the amount of ______;
4. to pay litigation expenses of ________;
5. to pay the costs. Plaintiffs likewise pray for such other relief as are just and equitable under the premises. Boracay Island, Malay, Aklan, 30 September 2014.
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(Name of law firm) Counsel for the Plaintiffs (Address) By: MA. THERESSA MACATANGAY IBP Roll No. PTR No. Roll of Attorneys No.
AEROS KENT MARTINEZ IBP Roll No. PTR No. Roll of Attorneys No.
KARA JO AIZA MODINA IBP Roll No. PTR No. Roll of Attorneys No.
JULIUS OLIVER MOELLER IBP Roll No. PTR No. Roll of Attorneys No.
ANNE MARGARET MOMONGAN IBP Roll No. PTR No. Roll of Attorneys No.
JANNEIL MONICA MORALES IBP Roll No. PTR No. Roll of Attorneys No.
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VERIFICATION AND CERTIFICATION ON NON-FORUM SHOPPING
WE, SPOUSES GREGORIO SANSON AND MA. LOURDES SANSON, both of legal age, and residents of Sitio Pinaungon, Balabag, Boracay, Malay, Aklan, after having been duly sworn in accordance with law, hereby depose and state that: 1. We are the plaintiffs in this case. We caused the preparation of this Complaint and have read and understood the contents thereof, the allegations therein being true and correct of our own knowledge and belief based on authentic records; 2. We certify that we have not commenced any other action or court proceedings involving the same issued in the Supreme Court, the Court of Appeals, or any other tribunal or agency; 3. Should we hereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, we undertake to report this fact to this Honorable Court within five (5) days from notice of such fact. IN WITNESS WHEREOF, we have hereunto affixed our signatures th this 30 of September, 2014, in Boracay Island, Malay, Aklan, Philippines.
GREGORIO SANSON Affiant CTC # 03947249 Issued at Boracay Island, Malay, Aklan on Sept. 30, 2014
MA. LOURDES SANSON Affiant CTC # 03947250 Issued at Boracay Island Malay, Aklan on Sept. 30, 2014
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SUBSCRIBED AND SWORN TO before me this 30 day of September 2014, in Boracay Island, Malay, Aklan, Philippines, exhibited to me their respective community tax certificates as set forth below their names. Doc. No. 60; Page No. 14; Book No. XVI; Series of 2014
