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6th Judicial Region

Municipal Circuit Trial Court
Dumangas, Iloilo

Represented by her sister

Civil Case No. __________


(Unlawful Detainer)


xx -- -- -- -- -- -- -- -- -- -- -- -- -- -- xx

COMES NOW, Plaintiff, by counsel, unto this Honorable Court, most
respectfully states:

1. That plaintiff JOSEPHINE E. ACLAN, is single, of legal age, born

Filipino, and presently residing at 217 Glendora Ave., Long
Beach, California 90803, U.S.A., and she is being represented by
her sister, JOCELYN A. DUREMDES, also of legal age, Filipino,
widow and a resident of Mabini St., Dumangas, Iloilo, Philippines
while defendants Spouses MARIANITO AMAR and JOSEFINA
AMAR are likewise Filipinos, both of legal age, and residents of
Mabini-Baras St., Dumangas, Iloilo, Philippines, where they may
be served with summons and other court processes. Hereto
attached as annex A is the Special Power of Attorney executed
by Josephine Aclan in favor of her sister, Jocelyn A. Duremdes
and made an integral part hereof;
2. That Plaintiff is the registered owner of the property known as Lot
No. 2375, covered by Transfer Certificate of Title No. T-232368,
and situated in the Municipality of Dumangas, Province of Iloilo,
containing an area of Two Hundred Sixty Six (266) square

meters, more or

less, and




value of

Php 21, 950.00 and a fair market value of Php 219, 450.00 based
on the records of the Municipal Assessors Office of Dumangas,
Iloilo. Copies of TCT No. T- 232368 and the latest Tax Declaration
is hereto attached as Annexes B and C and made integral
parts of this Complaint;
3. That the said defendants constructed a house in a portion of the
subject lot without the consent of the present registered owner
thereof, and the latter is no longer tolerating their occupation of a
portion of Lot No. 2375, Dumangas Cadastre;
4. That this case was referred to the Office of the Lupong
Tagamapayapa of Barangay Baras, Dumangas, Iloilo, for early
settlement of the case, however, it proved futile and the
Certificate to File Action was issued in favor of the plaintiff. A copy
of the certification is hereto attached as Annex D and made an
integral part of this Complaint;
5. That several verbal demands and written demands to vacate the
premises of Lot No. 2375 of the Cadastral Survey of Dumangas
were made to the defendants, and the last being a final demand
letter dated August 25, 2011 sent by registered mail to Spouses
Marianito Amar and Josefina Amar. A copy of the said demand
letter is hereto attached as Annex E with the Registry Receipt
as Annex E-1 and made integral parts of this Complaint;
6. That the said final demand letter dated August 25, 2011 was
received by defendants on September 14, 2011. A certification of
the Dumangas Post Office stating to this effect is hereto attached
as Annex F and made an integral part of this Complaint;
7. That there is no immediate and available remedy except the filing
of this case, and;

8. That due the defendants unjustifiable refusal to turn-over

possession of the subject real property to the registered and
rightful owner thereof, Plaintiff was constrained to hire the
services of the lawyer to protect her rights and interests in the
amount of Twenty Thousand Pesos plus appearance fee of Two
Thousand Five Hundred Pesos (Php 2,500.0) per court
appearance of their counsel;

WHEREFORE, premises considered, it is most respectfully prayed
unto this Honorable Court that an order be issued to the above-named
defendants, their heirs, assigns and successors-in-interests, to vacate the
premises and/or to demolish the structures they put up on Lot No. 2375,
Dumangas Cadastre, and covered by Transfer Certificate of Title No. T232368 of the Registry of Deeds for the Province of Iloilo.
It is further prayed that Defendants be ordered to pay Plaintiffs
attorneys fee in the amount of Twenty Thousand Pesos (Php 20,000.00)
plus court appearance fees as well as the costs of the suit.
Other relief consistent with law and equity are likewise prayed for.
Iloilo City, Philippines for Dumangas, Iloilo, Philippines.
August 24, 2012.
Counsel for the Plaintiff
Room 215, Casa Plaza Building,
Gen. Luna St., Iloilo City/
Defensor, Teodosio, Daquilanea, Ventilacion,
Averia and Associates
Law Offices, Javelosa Comp. Arguelles Extn.,
Locsin St., Jaro, Iloilo City
PTR NO. 904408/01/26/12/Iloilo
IBP NO. 880929/01/10/12/Iloilo City
ROLL NO. 45450
MCLE Compliance No. III-0007949
Issued on February 2, 2010