REPUBLIC OF THE PHILIPPINES

7th Judicial Region

REGIONAL TRIAL COURT
Branch 12
Cebu City
SPOUSES JOHN DY,
AND JANE DY,
Plaintiffs,

CIVIL CASE No. 45678

FOR UNLAWFUL DETAINER

versus

Mr. ANDRES MABINI,

Defendant,

x---------------------------------------------------------x

COMPLAINT
PLAINTIFFS, by counsel, most respectfully state:
I.

THE PARTIES

1. Plaintiffs JOHN DY AND JANE DY, who are husband and wife,
all of legal age, Filipino citizen, who are residents of Cebu City;
2. Defendant ANDRES MABINI, is likewise of legal age, Filipino
Citizen, single, resident of Cebu City. He can be served with
summons and processes at his residential address at Punta
Princesa, Cebu City;
II.

Allegations is Support of the Causes of Action:

3. That Spouses John and Jane Dy, owners of a parcel of land situated
along Sabellano Street, Punta Princesa, Cebu City;
4. That they bought the property, without any improvements,
sometime in 1979 from Kristine Banghal;
5. That Kristine Banghal who was then armed with Special Power of
Attorney from her co-owners and brothers, Leo and Tito Banghal;
6. That in 1980, a Torrens Title was issued in the name of Sps. Dy;

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7. That since they had no use for the property at the time, they did not
do anything to the property other than had it fenced and religiously
paid the real property taxes on said property;
8. That in 2015, when their now grown up children decided to use the
property and develop it into a pocket subdivision, they were
shocked to see a concrete house on their property;
9. That upon inquiry, said house is own by Mr. Andres Mabini, who
constructed his house on the property some time in 1985;
10. That Spouses Dy sent a demand letter to vacate however Mr.
Andres Mabini refused to vacate the premises and claim that he is
the rightful owner of the property;
11. That according to him, he bought the parcel of land through
installment from Leo Banghal and he just paid his last installment
last month, July 2015, which is the reason that the title of the
property is not in his name;
12. That by reason of failure of the defendant to vacate the premises,
the plaintiff was compelled to file this complaint engaging the
services of counsels in the amount of Php10,000.00 each;
13. That by reason of the inappropriate refusal of the defendant to
vacate the premises, the defendant has caused and is continuing to
cause plaintiffs to suffer and continue to suffer anxiety, anguish,
sleepless nights and the like, sustaining as a result moral damages
which could be compensated in the sum of not less than
Php50,000.00;
14.That to serve as a warning to other similarly single minded
individuals, defendant should likewise be held liable for exemplary
damages in the amount of not less than Php50,000.00;
15. That Plaintiff is constraint to initiate this court action. Thus,
defendant must likewise be adjudged to pay plaintiffs attorneys
fees of not less than Php40, 000.00 plus litigation expenses of not
less than Php25, 000.00 or as may be proven during trial.

III PRAYER
WHEREFORE, premises considered, it is most respectfully
prayed unto this Honorable Court, that, a decision be rendered:
1. Declaring that plaintiffs have the legal right to file this action
under Section 1 Rule 70 of the Rules of Court;

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2. Declaring that plaintiffs are the rightful owner of said property

under P.D. 1529 which states that The decree of registration
shall bind the land and quiet title thereto, subject only to such
exceptions or liens as may be provided by law. It shall be
conclusive upon and against all persons, including the National
Government and all branches thereof, whether mentioned by
name in the application or notice, the same being included in
the general description "To all whom it may concern.";
3. Ordering the defendant to vacate subject premises;
4. Ordering the defendant to pay the amount of Php50,000.00 per
month as compensation for the reasonable use of the subject
premises until they finally vacate the said premises;
5. Ordering the defendant to pay the cost of suit.
Such other reliefs which may be just and equitable under the
premises are likewise prayed for.
September 5, 2015; Cebu City, Philippines.
Cesarine Sy Bawasanta
Counsel for plaintiffs
PTR # 1122334; 1/3/2014; Cebu Prov.
IBP # 556677; 1/3/2014; Cebu City
Roll of Attorneys No. 12345
MCLE Compliance No. IV 0018039
Unit D, 2nd Floor, Capitol Centrum
Escario Street, Cebu City
Telefax No. (032)412-3896
e-mail: cesarine1121@gmail.com

Sieg Sanchez Sison

Counsel for plaintiffs
PTR # 11223345 1/3/2014; Cebu Prov.
IBP # 556675; 1/3/2014; Cebu City
Roll of Attorneys No. 12385
MCLE Compliance No. IV 0016049
Unit D, 2nd Floor, Capitol Centrum
Escario Street, Cebu City

Telefax No. (032)412-3896

e-mail: siegsison@gmail.com

Dabert Marie A. Candado

Counsel for plaintiffs
PTR # 1122394; 1/3/2014; Cebu Prov.
IBP # 556877; 1/3/2014; Cebu City
Roll of Attorneys No. 19345
MCLE Compliance No. IV 0015439
Unit D, 2nd Floor, Capitol Centrum
Escario Street, Cebu City
Telefax No. (032)412-3896
e-mail: dabert_14@yahoo.com
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Ruby Rose Casimiro

Counsel for plaintiffs
PTR # 1122324; 1/3/2014; Cebu Prov.
IBP # 556277; 1/3/2014; Cebu City
Roll of Attorneys No. 12245
MCLE Compliance No. IV 0012039
Unit D, 2nd Floor, Capitol Centrum
Escario Street, Cebu City
Telefax No. (032)412-3896
e-mail: rubyrose@gmail.com

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

WE, JOHN DY and JANE DY, all of legal ages, Filipino citizens, married to each
other and resident of Punta Princesa, Cebu City, after having been duly sworn to in
accordance with law do hereby depose and say:
1.

That we are the plaintiffs in the above-entitled case;

2.

That we have caused the preparation of the foregoing complaint and have
read the allegations contained therein;

3.

The allegations in the said complaint are true and correct of our own
knowledge and authentic records;

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4.

We hereby certify that we have not commenced any other action or

proceeding involving the same issues in any court, tribunal or quasi-judicial
agency and, to the best of our knowledge, no such other action or claim is pending
therein;

5.

That if we should learn thereafter that a similar action or proceeding has

been filed or is pending, we hereby undertake to report that fact within five (5)
days therefrom to the court or agency where the original pleading and sworn
certification contemplated herein have been filed;

6.

We executed this verification/certification to attest to the truth of the

foregoing facts and to comply with the provisions of Adm. Circular No. 04-94 of
the Honorable Supreme Court.
IN WITNESS WHEREOF, we have hereunto affixed our signature this 5th
of September 2015, in the City of Cebu.
JOHN DY
SSS ID No. 05-3456788-1

JANE DY
BIR ID No. 233-456-231

SUBSCRIBED AND SWORN to before us this 5th day of September, 2015,

in the City of Cebu, affiant exhibiting to me his Drivers License No. 12345 issued
by the Land Transportation Office on April 8, 2014 at the City of Cebu.

Cesarine Sy Bawasanta
NOTARY PUBLIC
PTR # 1122334; 1/3/2014; Cebu Prov.
IBP # 556677; 1/3/2014; Cebu City
Roll of Attorneys No. 12345
MCLE Compliance No. IV 0018039
Unit D, 2nd Floor, Capitol Centrum
Escario Street, Cebu City
Telefax No. (032)412-3896

Doc. No. _______

Page No. _______
Book No. _______
Series of 2015.

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