Republic of the Philippines

MUNICIPAL TRIAL COURT

2nd Judicial Region
Peñablanca, Cagayan

Jesley Abueva
Plaintiff,
Civil Case No. 1785
-versus- For: FORCIBLE ENTRY

Hobart Sana,
Defendant.
x--------------------------------------------x

COMPLAINT
COMES NOW, the plaintiff, through the undersigned counsel, and
unto this Honorable court, most respectfully avers that:

1. Plaintiff, JESLEY ABUEVA is of legal age, Filipino and a resident

of Callao, Peñablanca, Cagayan, where he may be served with
summons, orders and other Court processes;

2. Defendant, HOBART SANA, is of legal age, Filipino and a

resident of Malibabag, Peñablanca, Cagayan, where he may be
served with summons, orders and other Court processes;

3. MARIO AQUINO, by virtue of intestate succession being the sole

heir of his deceased father, Amado Aquino, who died on
November 3, 2003, acquired possession and ownership over a
parcel of land located at Callao, Peñablanca, Cagayan, more
particularly described as follows:

“A parcel of land Lot 143341, Pls-400,

containing an area one thousand seven
hundred thirty one (1,731) square meters,
more or less, and still covered under OCT No.
P-32516”.1

1 Attached hereto marked as ANNEX “A” and ANNEX “B” respectively is the machine copy of OCT No. P-32516 and
its Tax Declaration and made integral parts hereof
 4. The said parcel of land is covered by Tax Declaration Number
19000-19008 with an assessed value amounting to One Thousand
Three Hundred Ninety Pesos (Php 1, 390.00);

5. On 03 January 2009, a real estate mortgage contract2 for a period

of five (5) years with right to possession was entered into by and
between herein Plaintiff and Mario Aquino over the above-
described parcel of land;

6. On 05 May 2009, Plaintiff having been busy with his businesses

decided to designate Spouses Marlon and Edna Cambri to be
the caretakers of the said agricultural land since they were long
been the helpers of the Aquino family in tilling the land even
before the death of Amado, the owner of the land;

7. From the time the contract was instituted, herein Plaintiff has been
in peaceful, continuous and uninterrupted possession of the said
agricultural land and has cultivated the same for a period of five
(5) years;

8. Upon the expiration of the said real estate mortgage contract,

another real estate mortgage contract with right to possession was
entered into by and between Mario Aquino and herein Plaintiff on
10 January 20143 over the same parcel of land;

9. Plaintiff has continuously possessed the said parcel of land upon

the execution of the new real estate mortgage contract;

10. On the fourth week of August 2017, Plaintiff was informed by one
Bonoy Pascual4, caretaker of the adjacent lot, that the land under
the possession of Plaintiff was already planted with palay by a
certain Hobart Sana without the Plaintiff’s knowledge;

11. Plaintiff then visited the area and to his surprise, beds of palay
have actually been planted to his land. Subsequently, he found out
that his designated caretakers, Spouses Cambri, unknowingly and

2 Attached hereto marked as ANNEX “C” is the machine copy of the Real Estate Mortgage Contract dated 03 January
2009 and made an integral part hereof
3 Attached hereto marked as ANNEX “D” is the machine copy of the Real Estate Mortgage Contract dated 10 January
2014 and made an integral part hereof
4 Attached hereto marked as ANNEX “E” is the Affidavit of Bonoy Pascual attesting the usurpation of Defendant
and made an integral part hereof
 without his consent sold the said parcel of land to herein
Defendant Hobart Sana;

12. Plaintiff informed Defendant that he is the rightful possessor of

the said parcel of land he is tilling but Defendant asserted his
rights over the subject property;

13. Plaintiff was then forced to bring the matter before the Lupon of
Barangay Callao, Peñablanca, Cagayan;

14. The records of the confrontation proceedings5 revealed that the lot
sold by Spouses Cambri to Defendant Hobart Sana is different
from the parcel of land which is the subject of the real estate
mortgage duly executed by Mario Aquino and herein Plaintiff;

15. A perusal of the said confrontation states as follows:

PUNONG BARANGAY: Asked how he became the

cultivator of the land.

MR. HOBART SANA: Showed the Deed of Sale dated

13 November 2013, Photocopy of title and blue print.

PUNONG BARANGAY: (Examined the documents

submitted to him)
He explained that it was different from the mortgaged
area. It is located beside the lot of Totoy Arao at
Malibabag, Penablanca, Cagayan.

16. It is worth noting that in De la Rosa vs. Carlos6, the Supreme Court
held that “possession in the eyes of the law does not mean that
a man has to have his feet on every square meter of the ground
before he is deemed to be in possession.” It is sufficient that the
Plaintiff was able to subject the property to the action of his will.

17. Here, it should be noted that herein Plaintiff’s possession of the

subject parcel of land dates back from 3 June 2009 when the first
Real Estate Mortgage was executed between the Plaintiff and

5 Attached hereto marked as ANNEX “F” is the machine copy of the Barangay Confrontation Proceedings and
made an integral part hereof
6 GR No. 147549, October 23, 2003
 Mario Aquino. The said possession was continuous and
uninterrupted as evidenced by the second Real Estate Mortgage
in 10 January 2014.

18. Therefore, assuming but not conceding that the Deed of Sale
showed by Defendant dated 13 November 2013 entered into by
Defendant Hobart Sana and Spouses Cambri and a certain Mark
Aquino came AFTER herein Plaintiff lawfully took possession of
the subject parcel of land and during the validity of the 3 June 2009
Real Estate Mortgage between Plaintiff and Mario Aquino. Hence,
Plaintiff has prior, peaceful and actual possession of the subject
land.

19. Truth be told, Defendant even admitted during the confrontation

that the lot sold to him was already mortgaged to Plaintiff. A
pertinent portion of the minutes of the confrontation states:

“MR. Hobart Sana asked Spouses Cambri to return

the money that they got from (sic) him. He said that
the lot sold to him was already mortgaged to (sic) Mr.
Jesley”

20. On 15 October 2017, in continuation of the Barangay

Confrontation, Plaintiff demanded that Spouses Cambri and
Defendant Hobart Sana should give the amount of Ninety
Thousand Pesos, Philippine Currency (Php 90,000.00) and eight
(8) cavans of irik (palay) to the herein Plaintiff during the cropping
period of August. The same was intended to settle the current
issue;

21. However, Spouses Cambri and Defendant Hobert Sana never

agreed with the said proposal. As such, the Punong Barangay of
Callao, Peñablanca, Cagayan7 issued a Certification to file Action7
since there was no settlement;

22. Plaintiff Jesley Abueva asked Defendant Hobart Sana to vacate the
premises of the said agricultural land but the latter constantly
refused to leave the same;

7 Attached hereto marked as ANNEX “G” is the machine copy of the Certification to File Action issued by the Brgy.
Captain of Callao, Penablanca, Cagayan and made an integral part hereof
 23. Instead, herein Defendant Hobart Sana, after the Barangay
Confrontation willfully and notoriously fenced the entire parcel of
land8, to the prejudice of herein Plaintiff’s right over the subject
property;

24. It is then respectfully submitted that Defendant Hobart Sana

CONTINUED POSSESSION OVER THE PROPERTY despite of
his knowledge that he is unlawfully cultivating the said land.

25. That herein Defendant, without the consent and permission of the
Plaintiff, clandestinely usurped the subject property through
stealth and strategy, by entering and cultivating the same, with
clear intention of permanency as he already enveloped the
property with fence made of cement;

26. Mario Aquino, as the mortgagee of herein Plaintiff, failed to

participate in the proceedings and/or perform any act which
would resolve the issue;

27. It bears stressing that the real estate mortgage between the owner
Mario Aquino and herein Plaintiff still exists considering that the
said contract has not yet expired nor terminated;

28. More importantly, emphasis should be made on the fact that

herein Defendant Hobart Sana wrongly occupied a parcel of land
different from that which was sold to him by Spouses Cambri;

28.1 And that herein Plaintiff had right to possess the land
Defendant Hobart Sana wrongly and illegally occupied;

29. Considering the foregoing, Plaintiff was being deprived with the
use and possession of the said agricultural land since the fourth
week of August 2017 up to present or from the time he discovered
that the land was being cultivated by Defendant Hobart Sana;

30. The same acts of the Defendant Hobart Sana compelled the
Plaintiff to incur damages consisting of attorney’s fees in the
amount of Twenty Thousand Pesos (Php 20,000.00), filing fee,

8 Attached hereto marked as ANNEX “H” is the photos of fence enveloped by defendant and made an integral part
hereof
 cost of transportation, other miscellaneous accommodation of its
lawyers and other personal expenses to be incurred in attending
the hearings of this case in the amount of Ten Thousand Pesos
(Php 10,000.00);

31. Due to the unlawful possession of herein defendant Hobart Sana

over the said agricultural land, the Plaintiff was deprived from
receiving his rightful share (morto) amounting to Five Thousand
Pesos (Php 5,000.00) for one cropping period (August to October
2017);

32. This action is governed by the Rules on Summary Procedure.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of this

Honorable Court that, after the proceedings, judgment be rendered in favor
of the Plaintiff and ordering the Defendant to:

a. Permanently VACATE the premises in question and give the

immediate right of possession to the Plaintiff;

b. Pay Plaintiff the amount of Twenty Thousand Pesos (P20,000.00) by

way of attorney’s fees and Ten Thousand Pesos (P10,000.00), by way of
other litigation expenses;

c. Pay Plaintiff the amount of Five Thousand Pesos (Php 5,000.00) for his
lawful share (morto) for the cropping period of August to October
2017;

d. Pay Plaintiff his lawful share in the succeeding cropping periods until
the termination of this case as may be determined by the Honorable
Court; and

e. Pay the cost of this suit.

Plaintiff prays for such other remedies and reliefs as may be deemed just
and equitable under the premises.

Respectfully submitted.

Tuguegarao City, Cagayan, Philippines, 07 August, 2018.

 APPAL, CASTILLO, COLOSAGA, CUMIGAD,
FROGOSO, KENGAY, MARIGMEN, OROLAZA,
QUILENDERINO, SIAZON, TAGUINOD,
UMOSO, VICTORIA, SORIANO, AND YAP
LAW OFFICE

Charlene S. Appal Philip Ulysses T. Castillo

COUNSEL FOR THE PLAINTIFF COUNSEL FOR THE PLAINTIFF
Roll No: 1 Roll No: 2
PTR No. __________________/Tuguegarao PTR No. __________________/Tuguegarao
City City
IBP No. IBP No.
_______________________/Cagayan _______________________/Cagayan
MCLE Compliance No. MCLE Compliance No.
___________________ ___________________

Tristan C. Colosaga Charmagne Cumigad

COUNSEL FOR THE PLAINTIFFES COUNSEL FOR THE PLAINTIFFES
Roll No: 3 Roll No: 4
PTR No. __________________/Tuguegarao PTR No. __________________/Tuguegarao
City City
IBP No. IBP No.
_______________________/Cagayan _______________________/Cagayan
MCLE Compliance No. MCLE Compliance No.
___________________ ___________________

Maria Laiza E. Frogoso Dianne Marie Kengay

COUNSEL FOR THE PLAINTIFFES COUNSEL FOR THE PLAINTIFFES
Roll No: 5 Roll No: 6
PTR No. __________________/Tuguegarao PTR No. __________________/Tuguegarao
City City
IBP No. IBP No.
_______________________/Cagayan _______________________/Cagayan
MCLE Compliance No. MCLE Compliance No.
___________________ ___________________

Ian T. Marigmen Casimir Orolaza

COUNSEL FOR THE PLAINTIFFES COUNSEL FOR THE PLAINTIFFES
Roll No: 7 Roll No: 8
PTR No. __________________/Tuguegarao PTR No. __________________/Tuguegarao
City City
IBP No. IBP No.
_______________________/Cagayan _______________________/Cagayan
MCLE Compliance No. MCLE Compliance No.
___________________ ___________________

Zeneth O. Quilenderino Lovely Ann S. Siazon

COUNSEL FOR THE PLAINTIFFES COUNSEL FOR THE PLAINTIFFES
Roll No: 9 Roll No: 10
PTR No. __________________/Tuguegarao PTR No. __________________/Tuguegarao
City City
IBP No. IBP No.
_______________________/Cagayan _______________________/Cagayan
MCLE Compliance No. MCLE Compliance No.
___________________ ___________________

Harlene Kaye D. Taguinod Harley Umoso

COUNSEL FOR THE PLAINTIFFES COUNSEL FOR THE PLAINTIFFES
Roll No: 11 Roll No: 12
PTR No. __________________/Tuguegarao PTR No. __________________/Tuguegarao
City City
IBP No. IBP No.
_______________________/Cagayan _______________________/Cagayan
MCLE Compliance No. MCLE Compliance No.
___________________ ___________________

Danielle Victoria Garcia Monica Yap

COUNSEL FOR THE PLAINTIFFES COUNSEL FOR THE PLAINTIFFES
Roll No: 13 Roll No: 14
PTR No. __________________/Tuguegarao PTR No. __________________/Tuguegarao
City City
IBP No. IBP No.
_______________________/Cagayan _______________________/Cagayan
MCLE Compliance No. MCLE Compliance No.
___________________ ___________________

Betsaida Amugauan Jael-Claudine Soriano

COUNSEL FOR THE PLAINTIFFES COUNSEL FOR THE PLAINTIFFES
Roll No: 15 Roll No: 16
PTR No. __________________/Tuguegarao PTR No. __________________/Tuguegarao
City City
IBP No. IBP No.
_______________________/Cagayan _______________________/Cagayan
MCLE Compliance No. MCLE Compliance No.
__________________ ___________________

Jona Addatu Cambri

COUNSEL FOR THE PLAINTIFFES
Roll No: 17
PTR No. __________________/Tuguegarao
City
IBP No.
_______________________/Cagayan
MCLE Compliance No.
___________________
REPUBLIC OF THE PHILIPPINES )
PROVINCE OF CAGAYAN )
CITY OF TUGUEGARAO )S.S.

VERIFICATION/CERTIFICATION AGAINST FORUM SHOPPING

I, JESLEY ABUEVA, of legal age, Filipino Citizen, married, after
having been duly sworn to in accordance with law, hereby depose and say
THAT:

1. I am the plaintiff in the above-entitled case;

2. I have cause the preparation of the foregoing Complaint/Petition

and have read the allegations contained therein;

3. The allegations in the said complaint/petition are true and correct

of my own knowledge and authentic records;

4. I hereby certify that I have not commenced any other action or

proceeding involving the same issue in the Supreme Court, Court
of Appeals, or any other tribunal or agency;

5. If I should thereafter learned that a similar action or proceeding has

been filed or is pending before the Supreme Court, court of Appeals
or any other tribunal agency, I hereby undertake to report that fact
within five (5) days therefrom to the court or agency wherein the
original pleading and sworn certification contemplated herein have
been filed;

6. I executed this verification/certification to attest to the truth of the

foregoing facts and to comply with the provision of Adm. Circular
No. 04-94 of the Honorable Supreme Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

6th day of August 2018 in Tuguegarao City, Cagayan, Philippines.

JESLEY ABUEVA
Affiant

SUBSCRIBED AND SWORN to before me this 6th day of August

2018 in the Tuguegarao City, Cagayan.

Doc. No. 50;

Page No. 78;
Book No. 1;
Series of 2018.