Republic of the Philippines

REGIONAL TRIAL COURT

7TH Judicial Region

Branch 32

Dumaguete City

JUAN TAMAD,

Plaintiff,

Civil Case No. __________

-versus-

For: ACCION PUBLICIANA

MARIA BULAY-OG,

Defendant.

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

COMPLAINT

Plaintiff, by counsel and to this Honorable Court, respectfully alleges that:

1. Plaintiff is of legal age, single, Filipino and a resident of Barangay Bagacay,

Dumaguete City, Negros Oriental, while defendant is also of legal age, married, Filipino,
and also a resident of Barangay Bagacay, Dumaguete City, Negros Oriental, where she
may be served with summons and other legal processes;

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 2. Plaintiff is the absolute and registered owner of a parcel of land known as Lot
No. 20, Psu-01-23-456789, situated in Bagacay, Dumaguete City, Negros Oriental,
containing an area of five hundred (500) square meters, more or less, and covered by
Original Certificate of Title No. 1122 issued by the Registry of Deeds of Negros Oriental.
A certified true copy of Original Certificate of Title (OCT) No. 1122 is attached hereto as
Annex A;

3. The above-described property has an assessed value of thirty nine thousand

nine hundred eighty pesos (PhP 39,980.00) as shown in the Declaration of Real Property
Value issued by the Office of the City Assessor of Dumaguete City. A copy of Tax
Declaration No. 9876 and Certification issued by City Treasurer, Ram Santos, are also
attached hereto as Annexes B and C;

4. Plaintiff did not reside on the subject property and also did not employ an
overseer or caretaker to watch over said property, but he made sure to visit his property at
least twice or thrice a year;

5. Sometime in April 2014, during plaintiffs visit to his property, he saw a house
built on his lot. He later discovered that defendant Maria Bulay-og built such house and
that the latter and her family were occupying the same. Defendant, without the
knowledge and consent of the plaintiff, surreptitiously and by means of stealth entered,
used and occupied the said land. A photo of the house built by the defendant is attached
hereto as Annex D;

6. Plaintiff personally demanded from the defendant the immediate surrender of

the subject property and to immediately vacate the same in April 2014, but to no avail.
Plaintiff made another demand in May 2014, but the defendant manifested that the
property belongs to her;

7. Since the defendant ignored the oral demands made by plaintiff, defendant was
given a demand letter dated June 15, 2014 asking her to vacate plaintiffs property within

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five (5) days from receipt thereof. After two (2) weeks from receipt of the letter by
defendant, plaintiff returned to his property but defendant continued to remain in the
premises. Thus, plaintiff wrote another final demand letter dated July 1, 2014 asking her
to immediately vacate the property. The letter was received by the defendant on even
date. Copies of the letters are hereto attached as Annexes E and F;

7. Notwithstanding the oral and written demands made by plaintiff, defendant still
refused to vacate the subject property. Such stubborn refusal prompted plaintiff to initiate
conciliation proceedings before the Punong Barangay of Barangay Bagacay, Dumaguete
City. The Punong Barangay issued a subpoena dated July 18, 2014 addressed to the
defendant asking her to appear before him on July 24, 2014. However, the defendant
ignored the same. Another subpoena dated August 8, 2014 was issued to the defendant
asking her to appear before the Pangkat on August 14, 2014, but to no avail. Copies of the
subpoenas are attached hereto as Annexes G and H;

8. Since defendant adamantly failed and refused to appear before the Punong
Barangay and Pangkat, a Certificate to File Action dated August 29, 2014 was issued by
Pangkat Secretary, Ruth Dinoy, and attested by Pangkat Chairman Edgar Lentorio, stating
that no confrontation took place through no fault of the complainant. A copy of the
Certificate to File Action is attached hereto as Annex I;

9. Despite earnest efforts, the defendant refused and still refuses to vacate
plaintiffs property without legal cause. Let it be emphasized that defendant, without any
color of title whatsoever, entered and occupied plaintiffs property through stealth and
built a house thereon clandestinely and without plaintiffs knowledge and consent,
thereby depriving the plaintiff of the lawful possession and enjoyment of his property.

WHEREFORE, plaintiff respectfully prays unto this honorable court that

judgment be rendered ordering defendant:

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 a. to vacate the subject property in question and to restore possession thereof to
plaintiff;

b. to pay plaintiff damages in the amount of twenty five thousand pesos (P

25,000.00);

c. to pay plaintiff attorneys fees in the amount of thirty thousand pesos

(P30,000.00).

Such other reliefs just and equitable under the premises are likewise prayed for.

Dumaguete City, Negros Oriental, Philippines, December 5, 2016.

ATTY. KYLE L. ALMERO

Counsel for Plaintiff

Almero, Erames, Junaid Law Office

Real Street, Dumaguete City

PTR No. 5432/January 5, 2016/Dumaguete City

IBP No. 9876/January 5, 2016/Dumaguete City

MCLE Compliance No. 4567

Roll No. 6543

Copy Furnished:

MARIA BULAYOG

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Barangay Bagacay

Dumaguete City

VERIFICATION AND CERTIFICATION

AGAINST FORUM SHOPPING

I, JUAN TAMAD, of legal age, single, Filipino, and a resident of Barangay

Bagacay, Dumaguete City, Negros Oriental, after having been duly sworn, depose and
say that:

1. I am the plaintiff in the above-entitled complaint;

2. I have caused the preparation of said complaint;

3. That I have read the allegations therein contained, and that the same are true
and correct of my personal knowledge and/or based on authentic documents or records;

4. That I have not commenced any action or filed any claim involving the same
issues in any court, tribunal, or quasi-judicial agency and, to the best of my knowledge,
no such other action or claim is pending therein; and if I should thereafter learn that the
same or similar action or claim has been filed or is pending, I shall report that fact within
five (5) days therefrom to the court wherein the aforesaid complaint or initiatory pleading
has been filed.

Witness my hand this 5th day of December 2016, at Dumaguete City, Negros
Oriental, Philippines.

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 JUAN TAMAD

Plaintiff

Subscribed and sworn to before me, this 5 th day of December 2016, affiant
appearing before me and exhibited to me his Non-Professional Drivers License No. G01-
23456 issued on February 10, 2015 at Dumaguete City, Negros Oriental.

Doc. No. _____

Page No. _____

Book No. _____

Series of 2016.

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