Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch ___, Tagum City

KENDRICK PABLO P. ERKINS CIVIL CASE

NO.__________
Plaintiff,
FOR : RECOVERY OF
REAL PROPERTY

- versus -

DOLCE N. GABANNA
Defendant
x-------------------------------------/

COMPLAINT

COMES NOW the plaintiff, assisted by counsel unto this

Honorable Court most respectfully states that:

THE PARTIES

1. Plaintiff, KENDRICK PABLO P. ERKINS is of legal age

and a resident of Mabini St. , Tagum City and may be
served with summons through his counsels at Yson
Lumanag Eliot LAW OFFICE (YLE LAW OFFICES), 2 nd
floor, Torre Building, Magugpo, Tagum City;

2. Defendant DOLCE N. GABANNA, is of legal age and a

resident of San Miguel, Tagum City COMPLETE ADRESS.

3. Plaintiff and defendants have the capacity to sue and

be sued;

CAUSE OF ACTION

4. On March 1, 2005 , DOROTHY P. ERKINS purchased a

parcel of land with located at #123 LOT A, LOT B,
UNIVRSAL ST., BRGY. MANKILAM TAGUM CITY, from
BABY McGRADY., with TCT No. T-381632 under the
name of BABY McGRADY. Attached herewith is a
photostatic copy of the contract of sale between the
defendant and BABY McGrady marked as Annex A,
Complaint- 1
 and the Certificate of Title under the name of BABY
McGrady marked as Annex B.
5. The ASSESSED VALUE OF THE PROPERTY WAS
P80,000 as evidenced in tax declaration that should be
consulted and no other kind of value, and as appearing
in Annex C;

6. On January 2007, DOROTHY P. ERKINS successfully

registered the sale of the subject parcel of land in the
Register of Deeds of Tagum City and thereunto a
Transfer Certificate of Title No. T-4727388 was issued in
her favor. Attached herewith is a photostatic copy of the
certificate of title issued in the defendants favor,
bearing his name and marked as Annex D;

7. On February 14, 2007 PLAINTIFF and DOROTHY

P.ERKINS married in a civil ceremony in the
Philippines. Attached herewith is a photostatic copy of
their marriage certificate as Annex E;

8. On March 15, 2013 DOROTHY P.ERKINS without any

knowledge of the plaintiff, entered into a contract of
sale with DOLCE N. GABANNA involving the parcel of
land located at Mankilam Tagum City (denominated as
MANKILAM PROPERTY). Attached herewith is a
photostatic copy of their contract of sale as Annex
F;

9. On December 25, 2015, it has come to the knowledge and

shock of the plaintiff that, a DOROTHY P.ERKINS
without any knowledge of the plaintiff, entered into a
contract of sale with the defendant DOLCE N.
GABANNA involving the parcel of land covered by TCT
No. T-4727388 for the sum of P250,000.00;

10. Pursuant to the alleged sale by DOROTHY P.

ERKINS in favor of defendant DOLCE N. GABANNA,
the latter began occupying the said property against
the will of the plaintiff;

11. On January 4, 2016 demands were made for

defendant to vacate the premises but he stubbornly
failed and willfully refused to vacate the premises.
Attached herewith is the demand letter marked as
Annex G;

Complaint- 2
 12. On February 5, 2015 the plaintiff referred the case
before Brgy. Mankilam in Tagum city against the
defendant DOLCE N. GABBANA;

13. However, despite the barangay proceedings,

defendant refused to vacate the said premises; On,
March 10, 2015, due to the hardheadedness of the
defendant, no settlement was entered and the
barangay issued a certification to file action in favor of
the plaintiff. Attached herewith is a photostatic copy of
the Certification to file Action marked as Annex H;

14. Therefore the PLAINTIFF is asking the recovery of

the property on the basis of his right over MANKILAM
PROPERTY as part of the COMMUNITY PROPERTY with
DOROTHY P. ERKINS.

PRAYER

WHEREFORE, it is most respectfully prayed that

judgment be rendered in favor of plaintiff directing
defendant to perform the following:

1. Vacate the premises in question and return the

property to the plaintiff as part of their community
property;

2. Pay Fifty Thousand (Php 50,000.00) Pesos, as

litigation expenses;
Since, plaintiff were constrained to engage the
services of counsel and agreed to pay Fifty Thousand
Pesos (Php 50,000.00) as attorneys fees plus
Php5,000.00 as appearance fee;

3. Pay Moral Damages in the amount of Twenty (Php

20,000) Pesos;
Due to the said unconscionable action done by the
defendant, plaintiffs suffered irreparable damage and
sleepless nights worrying about their property

With legal interest from the date of filing of this suit,

plus costs of the suit and such other remedies as may be just
and equitable.

Respectfully submitted in Tagum City, 29 th

day of July
2016.

Complaint- 3
 Assisted by:
Yson Lumanag Eliot LAW OFFICE
(YLE LAW OFFICES),
2nd floor, Torre Building, Magugpo, Tagum City
by:

Atty. Princess Yson

PTR No. 31888568 1/3/2016; Tagum City
IBP No. 935086 4/15/15; Tagum City
Roll No. 72872
MCLE Compliance Cert No. II -1085688

Atty. Robert Eliot

PTR No. 26-26-0-10, 04/23/2016; Tagum City
IBP No.910205, 4/11/09; Tagum City
Roll No.512345
MCLE Compliance No. II1092345

Atty. Jan Jason Lumanag

PTR No. 77481; 1/4/13; Tagum City
IBP No. 83205; 1/4/13; Tagum City
Roll No. 55522
MCLE Compliance No. II-12/15/2013

Complaint- 4