REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

10th Judicial Region
Branch 44
Initao, Misamis Oriental

ERLIN RANCES SABASAJE, CIVIL CASE NO.

Petitioner, _______

- versus - FOR: PETITION

FOR RECOVERY OF
Sps. RONITO MADRIDANO and POSSESSION WITH
DOMINGA R. MADRIDANO DAMAGES
Respondents.

PETITION FOR RECOVERY OF POSESSION with

DAMAGES

COMES NOW, the Petitioner through the undersigned

counsel and unto this Honorable Court, most respectfully
files this Petition by averring - THAT:

1. Petitioner ERLIN SABASAJE, is of legal age, Filipino,

and a resident of Zone 2, Mauswagon, Laguindingan,
Misamis Oriental. The Petitioner is capacitated to sue
and be sued. All orders and processes concerning the
above entitled case are requested to be served at the
address of the undersigned counsel mentioned bellow;

2. Respondent Spouses RONITO MADRIDANO

(Respondent Ronito for Brevity) and DOMINGA R.
MADRIDANO (Respondent Domingae for brevity), are
of legal age, Filipino, married to each other, and are
capacitated to sue and be sued. Summons, orders and
other processes of the Honorable Court may be served
at their current address at Zone 2, Mauswagon,
Laguindingan, Misamis;

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3. The Petitioner and Respondent Dominga, are the heirs
(children) of the late MATEA T. RANCES (Late Matea
for brevity), who is the owner of a parcel of a
registered land under Katibayan na Orihinal na Titulo
Blg. P31913, and which is more particularly described
as follows:

4.

5. A copy of Tax Declaration No. 016-7799 is herein

attached as Annex “A” and the same is made an
integral part of this Petition;

6. On January 18, 2014 the heirs of the late Matea T.

Rances namely, Adela R. Ebabacol, Segunda R.
Yamaro, Erlin Sabasaje (Petitioner), Dominga R.
Madridano, and Lorena R. Fabria, executed an
Extrajudicial Settlement of Estate of Deceased Person
with Sale (Extrajudcial Setlement for brevity) before
the Notary Public Atty. Benjamin B. Suposa and
registered in the Notarial Register as Document No.
413, Page No. 83, Book 9, Series of 2004;

7. The above-mentioned Extrajudicial Settlement conveys

portions of lots from some of the heirs to the vendee
Kim E. Catipay, particularly:
Lorena R. Fabria solds 83 sq. m. of her share
Dominga R. Madridano solds 500 sq. m. of her
share
Segunda R. Yamaro solds 300 sq. m. of her share

8. By reason of the Extrajudicial Settlement a new Tax

Declaration of Real Properties was issued by the
Municipal Assessors Office of Laguindingan, Misamis
Oriental in the name of the Petitioner Erlin R. Sabasaje
representing her share pursuant to the Extrajudicial
Settlement;

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9. On the other hand, Respondent Dominga sold her
remaining portion to _______ and they remain in the
house of our parents which is supposedly belongs to or
within my share. The petitioner, however, tolerated
respondents’ possession over the house
notwithstanding the Extrajudicial Settlement after all
the former is her sister;

10.

11. Sometime in 2013 the Respondents cut the Mango

Tree within the property of the Petitioner and they
fenced a portion of the property of the Petitioner
without the latter’s consent and with a claim that such
portion belongs to them. Moreover, they have been
raising rooster for cockfighting within the property of
the Petitioner which causes offensive smell;

12. Sometime on 2013 the Petitioner caused the fencing

of her share in order to prevent others from entering
the premises. However, the Respondents destroyed the
fence claiming that the property belongs to them.

13. The presence of the Respondents has now become a

problem of the Petitioner. Hence, she demanded them
for multiple of times to leave the premises. However,
the Respondents remain in the subject land with an
unfounded claim that such land belongs to them;

14. Consequently, Petitioner went to the Katarungan Pang

Barangay of Barangay Mauswagon, Laguindingan,
Misamis Oriental, to file a complaint against the
Respondents. Respondent was issued a Certificate to
File Action as no settlement or mediation was made;

15. Thereafter, the Petitioner went to the Public

Attorney’s Office-Initao District Office, Initao, Misamis
Oriental for possible settlement, hence, a pre-litigation

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 conference was schedule but the respondents did not
attend the hearing;

16. Leaving no other recourse, the Petitioner asked for the

legal services of the undersigned counsel. Hence, a
demand letters dated October 15, 2018 was sent to the
Respondents.

17. On January 16, 2019, again, the Petitioner through

the undersigned counsel sent letter of demand to the
Respondent Spouses to vacate the subject land and
surrender to Petitioner its possession. A copy of the
Demand Letters sent to Spouses Ronito and Dominga
Madridano is herein attached as Annex “G”, and the
same is made an integral part of this Petition. The
demand letter was served on the January 18, 2019 as
evidenced by the Registry Return Receipt;

18. By reason of the Respondents refusal to surrender to

the Petitioner, the subject property which is rightfully
her, Petitioner was constrained to retain the services of
the undersigned counsel and file this case in order to
protect his rights and interests;

WHEREFORE, PREMISES CONSIDERED, it is most

respectfully prayed of this Honorable Court that after due
notice and hearing, judgment be rendered in favor of ERLIN
R. SABASAJE and direct the SPOUSES RONITO and
DOMINGA MADRIDANO:

1. To vacate the subject property of Petitioner;

2. To pay Moral and Exemplary Damages amounting to

Twenty Thousand Pesos (Php 50,000.00);

3. To pay Attorney’s Fees of Twenty Five Percent (25%)

of the value of the subject property.

4. To pay for the cost of suit.

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Such other just and equitable reliefs are likewise
prayed for.

Cagayan de Oro City (for Initao, Misamis Oriental)

February 2, 2019

MERLIN P. CAIŇA & ASSOCIATES

Counsel for the Defendant Dagoc
2/F Consortium Building
Corrales Extension, Barangay 26
Cagayan de Oro City, Philippines

By:

DAN PATRICK S. GARCIA

Roll No. 66957
IBP (O.R. No.) 062043, Dec. 28, 2018 (for 2019)
PTR (O.R. No.) 9519800, Dec, 19, 2018 (for 2019)
TIN 934-402-974
MCLE Compliance No. VI-0016325, Dec. 12, 2019
Mobile Phone No: 0917-7165-699

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REPUBLIC OF THE PHILIPPINES )
CITY OF CAGAYAN DE ORO )SS.

VERIFICATIONAND CERTIFICATION OF NON-FORUM

SHOPPING

I, ERLIN RANCES SABASAJE, Filipino, of legal age,

married, and a resident of Zone 2, Mauswagon,
Laguindingan, Misamis Oriental, after having been sworn to
in accordance with law, do hereby depose and state – THAT:

1. I have caused the preparation of the above Petition for

Recovery of Possession to with Damages ;
2. I have read and understood its contents which are true
and correct of my own personal knowledge and/or
based on true records;

3. I have not commenced any action or proceeding

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

4. To the best of my knowledge, no such action or

proceeding is pending in the Supreme Court, the Court
of Appeals or any other tribunal or agency, and that, if
I should learn thereafter that a similar action or
proceeding has been filed or is pending before these
courts or tribunal or agency, I undertake to report that
fact to the Court within five (5) days therefrom.

IN WITNESS WHEREOF, I have hereunto affixed my

signature this ___th day of _____________, 2019 at City of
Cagayan de Oro, Philippines.

ERLIN R. SABASAJE
Affiant
Driver’s License No. 423-316-789

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 SUBSCRIBED AND SWORN TO BEFORE ME, this
___th
day of _______________, 2019, in the City of
Cagayan de Oro, Philippines, affiant is personally known to
me to be the same person executing this Verification and
Certification.

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 2019.

Explanation of service and filing by registered mail:

A copy of this Petition was served and filed by registered
mail due to man power and distance constraints.