REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES

10th Judicial Region Surigao City Branch __ ESTER S. BALILI, Plaintiff, Case No. _______ For: -vsEnforcement of Brgy. Amicable Settlement, Damages, and Attorneys Fees ROBERT ROCHA and GLORIA ROCHA Defendants, x- - - - - - - - - - - - - - - -x

COMPLAINT
PLAINTIFF, through counsel and unto this Honorable Court, most respectfully states, that: PARTIES:
1.

Plaintiff ESTER M. BALILI is of legal age, married and a resident of

08180, Ouano St., Ceniza Heights, Brgy. Cagniog, Surigao City where she can be served with legal processes of this Honorable Court;
2.

Defendant Spouses ROBERTO ROCHA and GLORIA ROCHA are

also residents of 08180, Ouano St., Ceniza Heights, Brgy. Cagniog, Surigao City where they can be served with summons and other legal processes of this Honorable Court;

CAUSE OF ACTION
3.

Plaintiff and Defendants are adjoining neighbors sharing a common Unfortunately,

boundary wall which was erected by the latter several years ago.

the boundary wall has encroached inside the titled property of the Plaintiff, described as Lot 3, Block 20 (LRC) Psd-160368 containing an area of more or less 446 square meters;

-24.

On December 2, 2010, a formal written demand (ANNEX A) was

made to the Defendants by the Plaintiff through her counsel to ask for the demolition of the said boundary wall which encroached inside the property of the latter. Subsequently, the controversy was brought by the Plaintiff to the Katarungang Pambarangay of Brgy. Cagniog hoping to resolve the matter amicably;
5.

As a matter of fact, on February 21, 2011 they entered into a Brgy.

Amicable Settlement (ANNEX B) before the Lupon of Brgy. Cagniog wherein Sps. Rocha (Defendants) bound themselves to destroy the said boundary wall and undertook to construct a new one on April 17, 2011, with 50% of the expenses to be shouldered by Ms. Ester Balili (Plaintiff);
6.

Unfortunately, the Defendants seemed to have a sudden change of

mind when they reneged on their promise to destroy their boundary wall and to construct a new one that would follow the correct boundary between their respective lots, without any justifiable reasons. the court; With sheer display of arrogance, the Defendant ROBERTO ROCHA even dared the Plaintiff to bring the matter to

7.

Due to the arrogance and indifference of the defendants, Plaintiff

was constrained to file this action thereby incurring litigation expenses in the amount of not less than P 20,000 in terms of Attorneys Fees and other actual litigation expenses. It is just but proper that said amount be assessed against defendants;

8.

The foregoing controversy also caused the Plaintiff serious anxieties

and sleepless nights thereby entitling her to an award of moral damages in the amount of P20, 000. To give lesson to the Defendants, for them to refrain from repeating such kinds of actuations, they should be made to pay exemplary damages in the amount of P5,000;

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PRAYER
WHEREFORE, premises considered, it is most respectfully prayed that after due notice and hearing, decision be rendered:
a. Ordering the Defendants to destroy their boundary wall and construct a

new one that will follow the correct boundary between their respective lots;
b. Ordering the Defendants to shoulder the whole expenses for the

destruction of their boundary wall and for the construction of a new boundary wall;
c. Ordering the Defendants to pay jointly and severally the actual damages

sustained by the Plaintiff in the amount of P20, 000;

d. Awarding the Plaintiff litigation expenses in the amount of not less than

P20,000, moral damages of P20,000 and exemplary damages of P5,000; e. Such other relief just and equitable under the premises are also prayed for.

July 20, 2011, Surigao City, Surigao del Norte. VICTOR F. BERNAL Counsel for the Plaintiff

-4VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, ESTER M. BALILI, of legal age, Filipino and a resident of 08180, Ouano

St., Ceniza Heights, Brgy. Cagniog, Surigao City, after being duly sworn according to law, hereby depose and say: That I am the plaintiff of the above-captioned case; That I caused the preparation of the foregoing complaint; That I have read and understood all the contents therein; That all the contents therein are true and correct upon my own knowledge and based on authentic documents; That I hereby certify that I have not commenced any other action involving the same issue and claim before any court, tribunal, agency or person and to the best of my knowledge, no such action is pending therein; and if I should learn hereafter that a similar action or proceeding is pending or has been filed in the Supreme Court, the Court of Appeals, or any other court, tribunal or agency, - I hereby undertake to report that fact to the Court or agency, wherein the original pleading or the sworn certification herein contemplated, have been filed.

ESTER M. BALILI