REPUBLIC OF THE PHILIPPINES

FIFTH JUDICIAL REGION MUNICIPAL TRIAL COURT IN CITIES

LIGAO CITY, BRANCH

AVELINA R. CORTES, Plaintiff,

Versus

Civil Case No.______ For Forcible Entry

Spouses OLYMPIO ALMAZAR, and CLEMENTINA O. ALMAZAR Defendants, x-----------------------------------------------------x

COMPLAINT

PLAINTIFF, through counsel and to this Honorable Court, respectfully avers that:

1) Plaintiff is of legal age, married, Filipino and a resident of No. 3 Augustus Street, B. F. Resort Village, Las Pinas City.

2) Defendant spouses are of legal age, Filipinos with residence at Sta. Cruz, Ligao City, where they may be served with summons and other court processes;

3) Plaintiff is the absolute and registered owner of a 450-square meter lot situated at a residential area in Sta. Cruz, Ligao City, and which she purchased from Antonio Corpus on September 9, 2003; 4) Plaintiff has in her possession the original owners duplica te of TCT No. T-18910 and a certified copy of Tax Declaration No. 2013-02-008-04-064;

5) Sometime in August of 2012, defendants, taking advantage of plaintiffs prolonged absence brought about by her change of residence to her current residence, surreptitiously entered plaintiffs vacant lot and started occupying the same;

6) On January 14, 2013, plaintiff discovered that not only did defendants intruded into her lot but they had constructed a house thereon without her authorization nor consent ;

7) Despite sending a demand letter dated on January 21, 2013, asking the defendants to vacate the lot within ten (10) days from notice, defendants continued to occupy the subject property;

8) On February 7, 2013, plaintiff filed a complaint against defendants with the Office of the Barangay Chairman of Sta. Cruz, Ligao City;

9) During the conferences, defendants refuse to vacate the lot contending that they bought the same from a certain Leonila Sevino sometime in August 2012.

PRAYER

WHEREFORE, it is respectfully prayed that after due hearing, judgment be rendered in favour of the plaintiff: 1) For the restitution of the abovementioned premises and removal of the improvements thereon and 2) For the payment of damages, attorneys fees and costs of suit. Other reliefs just and equitable under the premises are likewise prayed for.

Ligao City, April 29, 2013

NOEL ALLEN R. BOSE Counsel for Plaintiff 24 Mangga St., Dona Paz Subd., Phase 1, Cruzada, Legaspi City PTR No. 613452552/5-20-10/L.C. Roll of Attorneys No. 39899 IBP No. 621123/7-16-09/Makati

CERTIFICATION AND VERIFICATION

I, Avelina R. Cortes, of legal age, Filipino and a resident of No. 3 Augustus Street, B. F. Resort Village, Las Pinas City, avers under oath that:

1) I am the plaintiff in the above entitled case; I caused the preparation of the foregoing complaint; and all material allegations therein are true of my own knowledge;

2) I have not commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and to the best of my knowledge no such other action or claim is pending therein;

3) Should I hereafter learn that the same or similar action or claim has been filed or is pending before any court, tribunal or quasijudicial agency, I undertake to report said fact within five (5) days from such knowledge to this Honorable Court.

AVELINO R. CORTES

SUBSCRIBED AND SWORN to before me this ____ day of July, 2013 affiant exhibiting to me his CTR No. ____________, issued on _______________, at _________________.

Doc. No. ______ Page No. ______ Book No. ______ Series of 2013