REPUBLIC OF THE PHILIPPINES

CATARMAN NORTHERN SAMAR

REGIONAL TRIAL COURT

Branch 20

JUAN DELA CRUZ,

Plaintiff,

Civil Case No. 1111111

versus For: Recovery of

Possession of ownership

JUAN TAMAD,

Defendant

X ----------------------------------------------------------------------------------X

COMPLAINT

COMES NOW, Plaintiff through counsel, to this Honorable Court most

respectfully states:

1. That the plaintiff Juan Dela Cruz is of legal age, Filipino, single and

a resident of Brgy. Yakal Catarman N. Samar¸where he may be

served with notices and orders of the Honorable Court;

2. the defendant is likewise of legal age, married to Filipa Tamad,

Filipino and a resident of Brgy. Dalakit Catarman N. Samar where

he may serve with summons, notices, orders and judgment of this

Honorable Court;

3. That plaintiff is the registered owner of the land with a total area of

approximately 2,000 square meters, described in, and covered by a

Transfer Certificate of Title (TCT)Nos. T-143567 that the properties

were covered by an Assessment of Real Property; that the

payments of realty taxes on the said properties were updated.

4. Which parcel of land above-described has an assessed value of

2¸100 000.00 Philippine Currency per Tax Declaration No. 999999,

the owner’s machine copy of Transfer Certificate of Title T- T-

143567 is hereto attached as Annex “A;”

5. that sometime in 2006, she discovered that defendant unlawfully

entered, occupied her properties by stealth, by force and without her

prior consent and knowledge, and constructed their house. The

herein defendant also constructed concrete fence on the South

Eastern side of Lot No. Nos. T-143567.

6. Upon discovery of the illegal occupation by the herein defendant,

plaintiff¸ personally went to the property herein stated as “Annex 1”

and verbally demanded that defendant vacate the premises and

remove their structures thereon.

7. In view of the defendant’s willful, unjustified and continued failure

and/or refusal to vacate such property¸ the plaintiff was constrained

to engage the services of the undersigned counsel to protect its

interests for an agreed attorney’s fees equivalent to 25% of the total

 amount due, exclusive of appearance fee, for every court hearing,

which expenses should be reimbursed by the defendant to plaintiff

8. That as a consequence of the aforestated illegal acts of the

defendant, plaintiff suffered sleepless nights and serious anxiety for

which he asked the sum of P100,000.00 as moral damages and to

set an example to others similarly situated plaintiff should awarded

exemplary damages in the sum of P 50,000.00 and defendant to

pay the cost of this suit.

 PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of

this Honorable Court that pending final judgment, a writ of preliminary

mandatory injunction be issued ordering the defendant to vacate and deliver

to the plaintiff the land described under paragraph 3 of the complaint and

after due hearing making the injunction permanent and further after due

notice and hearing, judgment be rendered in favor of the plaintiff, as follows:

1. Ordering the defendant to demolish and/or to remove at his

expense whatever structure he caused to be constructed on

Lot No. 143567 and also to demolish and/or remove the

concrete fence constructed on the South Eastern side of Lot

No. Nos. T-143567 which is described under paragraph 5 of

this complaint.

2. Ordering the defendant and those residing and working under

them to vacate Lot No. Nos. T-143567 and to deliver

possession thereon to the plaintiff;

3. To pay the plaintiff the sum of P2,000.00 a month until such

time that the land Lot No. Nos. T-143567 is delivered to the

plaintiff;

4. Ordering the defendant to pay the service of the undersigned

counsel for an agreed attorney’s fees equivalent to 25% of the

total amount due, exclusive of appearance fee, for every court

hearing.

5. Ordering the defendant to pay plaintiff the sum of P100,000.00

by way of moral damages and the sum of P50,000.00 by way

of exemplary damages;
6. Ordering the defendant to pay plaintiff such amount proven in

court as additional expenses.

7. Such other relief and remedy which this Honorable Court may deem

just and equitable is likewise prayed.

 VERIFICATION/CERTIFICATION

I, JUAN DELA CRUZ, Filipino, of legal age, single, and a resident of,

Brgy. Yakal Catarman N. Samar¸ after having been duly sworn in

accordance with law, depose and say:

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

2. I have caused the preparation of this Complaint;

3. I have read and understood the contents of the same and that the

allegations stated therein are true and correct to the best of our

personal knowledge and based on the authentic records;

4. That I hereby certify that at the time of the filing of this Complaint, I

have not commenced any other action involving the same issues in

the Supreme Court, the Court of Appeals, or any other tribunal or

agency; that to the best of my knowledge, no such action is pending

or was terminated in the Supreme Court, similar action has been

filed or is pending in the Supreme Court, the Court of Appeals, or

any other tribunal or agency wherein the original pleading and

sworn certification has been filed.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 24th day

of February, 2009 at Catarman N. Samar, Philippines.

JUAN DELA CRUZ

Affiant
 JURAT/NOTARIAL CERTIFICATE

The principal/affiant whose name and personal circumstances are

stated above appeared in person before me this 5th day of June, 2009 in the

Province of Northern Samar, presented the foregoing

verification/certification, signed the same in my presence, and affirmed or

swore under oath to the truth and correctness of the contents or allegations

of the same.

The principal/affiant is personally known to me and they exhibit to me

his Driver’s License No. 00423768 issued on May 28, 2008 at LTO Office,

Catarman N. Samar.

Doc. No. __________;

Page No. __________;

Book No. __________;

Series of 2014.

HEZL VALERIE A. ARZADON

Counsel for Plaintiff

IBP NO. 123456; 01/10/10

PTR NO. 123456;01/10/10

ROLL NO. 12345; 01/1/10

 REPUBLIC OF THE PHILIPPINES

CATARMAN NORTHERN SAMAR

REGIONAL TRIAL COURT

Branch 20

JUAN DELA CRUZ,

Plaintiff,

Civil Case No. 1111111

versus For: Recovery of

Possession of ownership

JUAN TAMAD,

Defendant

X ----------------------------------------------------------------------------------------X

JUDICIAL AFFIDAVIT

Purpose of the testimony: Plaintiff¸ Juan Dela Cruz is presenting the

testimony of Jimmy Santos, to prove that plaintiff is the titled owner of the

said property attached as “Annex 1” of this complaint.

MIKE SANTOS, of legal age, Filipino, a resident of Brgy. Dalakit

Catarman¸ Northern Samar¸ after having been sworn in accordance with law

and fully conscious that I do so under oath and that I may face criminal

liability for false testimony or perjury in way of answers to the questions

propounded to me by Hezl Valerie A. Arzadon, counsel for the plaintiff with

office address at Annunsascion st. Brgy. Acacia Catarman N. Samar, do

hereby depose and state:

Q1: Mr. Witness, you mentioned that you are going to prove the claim

of the plaintiff that he is the true and correct owner of the land in

question?

A: Yes.

Q2: Do you personally know Mr. Juan dela Cruz?

A: Yes, Ma’am.

Q3: How did you know the plaintiff?

A: I personally know Juan dela Cruz since the lot I personally

own is adjacent to his lot.

Q4: I am showing to you a survey map by our Municipal Geodetic

Engineer do you recognize which lot is yours and which is for the

plaintiff?

A: Yes. Mine is in the north side while his is on the northwest

side of the map.

IN WITNESS WHEREOF, I have hereunto set my hand this ________

of February 2009 at Catarman¸ Northern Samar.

MIKE SANTOS

Affiant
 ATTESTATION

I, Hezl Valerie A. Arzadon, of legal age, with office address at

Annunsascion st. Brgy. Acacia Catarman. Samar, do hereby certify that:

I propounded question to MIKE SANTOS and faithfully recorded or

caused to be recorded the questions I asked and the corresponding answers

that MIKE SANTOS gave, as above stated.

Neither I nor any other person then present or assisting him coached

him regarding the latter’s answers.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day

of February 2009 at Catarman N. Samar.

HEZL VAELRIE A. ARZADON

Counsel

SUBCRIBED AND SWORN to before me this ____ day of ______

2009, at ______, affiants exhibiting to me their respective competent

evidences of identity: MIKE SANTOS, his SSS No. 2222, thus satisfactorily

having proven their identities to me.

DOC NO: _____

PAGE NO: _____

BOOK NO: _____

SERIES OF 2013