Republic of the Philippines

SUPREME COURT
8th Judicial Region
REGIONAL TRIAL COURT
Pasig City

VANNY A. ACOSTA, Civil Case No: ___________

Plaintiff, FOR: RECOVERY OF
POSSESSION OF REAL
PROPERTY
-versus-

HUBERT JOHN F. BAUTISTA,

Defendant.
x----------------------------------------x

COMPLAINT

COMES NOW, the plaintiff thru the undersigned counsel unto

this Honorable Court, hereby files the foregoing complaint and most
respectfully states that:

1. Plaintiff, VANNY A. ACOSTA is a Filipino, of legal age, and a

resident of Brgy. 109 A&C Subdivision, Pasay City. She may be
served with the orders, notices, summonses and other processes
of the Honorable Court at their respective address;

2. Defendant, HUBERT JOHN F. BAUTISTA is a Filipino, of legal

age, married and a resident of Area 2, D&C Subdivision, Pasig
City. They may be served with the orders, notices, summonses
and other processes of the Honorable Court at their respective
addresses;

3. The parties have the capacity to sue and be sued;

THE FACTS OF THE CASE AND CAUSE OF ACTION

4. The plaintiff is the owner of a parcel of land covered by TCT No.

T-57530 located at Area 2, D&C Subdivision, Pasig City more
particularly described as follows:
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 TCT NO. T-57530

“A parcel of land (Lot 20, Block 3, of the cons. subd.

plan, Pes-13-000332, being a portion of the cons. of
Lots 3, (LRC) Psd-307372, Lot 32-C, Lot 32-D, (LRC)
Psd-307371, LRC Rec. No. 7699 & N-49221), situated
in the Bo. of Maybunga, Mp. of Pasig, Metro Manila.
Bounded on the: SE., along line 1-2 by Lot 21, Block
3, of the cons. subd. plan, on the SW., along line 2-3
by existing road (14 m. wide) Lot 32-E (LRC) Psd-
307371, on the NW, along line 3-4 by Lot 19, & on
the NE., along line 4-1 by Lot 2, both of Blk. 3; at the
cons. subd. plan. Beginning at a point marked “l” on
plan, being N. 44 deg. 31’E., 2374.20 m. from BLLM
#1 Pasig, Metro Manila, thence S. 4 deg. 35’W., 25.99
m. to point 2; thence N. 85 deg. containing an area
of ONE THOUSAND (1000) SQUARE METERS,
more or less.”

5. The instant case is within the jurisdiction of the Honorable Court

for the assessed value of the property being One Hundred Forty-
five Thousand Pesos (Php 145,000.00) as per latest tax
declaration issued by the assessor’s office of the City of Pasig, a
copy of which is hereto attached as ANNEX- “A”;

6. The subject property was previously owned by CECILIA G.

LAMPONG and the same is still registered in the latter’s name
up to this date. Plaintiff still has not caused the transfer of the
registration of the said property due to her busy schedule
making it impossible for her to manage it;

7. However, much to plaintiff’s surprise, she learned later on that

there were illegal settlers in the said parcel of land which was
herein defendant and his family;

8. Due to humanitarian reasons and since plaintiff was not yet

going to make use of the property, the parties came to an
agreement that plaintiff will allow the defendant to stay in the
subject property in the meantime while she was still not using
the property, subject to the condition that defendant will vacate
the property upon demand when her need of the property arises;

9. Sometime in January 2017, plaintiff conveyed to defendant her

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plan to make use of the property for her and her family, and thus
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 asked if the defendant could then vacate the said property.
However, defendant refused to vacate the property and insisted
on staying thereon. He insists that he bought the portion on
which he is staying at from the previous owner. When asked to
show his proof of purchase or any instrument to that effect,
defendant failed to produce such proof or document;

10.Thus, on January 31, 2017, she engaged the services of the

undersigned counsel for the purpose of evicting defendant and
recovering possession of the subject property. On the said date,
sent a demand letter addressed to the defendant demanding that
the latter vacate the property because plaintiff has made plans to
use it, giving them fifteen (15) days from receipt within which to
do so. A copy of the said demand letter is hereto attached as
ANNEX- “B“;

11.The said demand letter was received by the defendant on

February 9, 2017 as evidenced by a copy of the Registry Return
Card from the Philippine Postal Corporation- Pasig Branch, a
copy of which is hereto attached as ANNEX- “C”;

12.On February 20, 2017, plaintiff through counsel received a reply

from defendant. In the said letter, defendant denied knowing
plaintiff and averred that the subject property was given and
bought by him from the previous owner, CECILIA G.
LAMPONG. These however were mere fabrications of
defendant to delay the case and to remain in possession of the
subject property. A copy of the said reply is hereto attached as
ANNEX- “D”;

13.Even up to this date, defendant still has not vacated the subject
property and refuses to honor plaintiff’s ownership of the same,
to the prejudice of the latter’s rights, to wit:

“Art. 428. The owner has the right to enjoy and

dispose of a thing, without other limitations than
those established by law.

The owner has also a right of action against the

holder and possessor of the thing in order to
recover it.
14.Due to the defendant’s unlawful act of maintaining possession
of the subject property, plaintiff was denied of the use and fruits
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thereof, much to her prejudice;

 15.Due to the acts of the defendant of unlawfully taking possession
over the above-mentioned property, plaintiff suffered anxiety,
hurt feelings, and sleepless nights, which if quantified would
PHP 50, 000.00;

16.For the unjustified notorious and unlawful possession by the

defendants of the premises of the property, the plaintiffs were
compelled to file this case and hereby incurred the following
expenses:

a. Lawyer’s fees- PHP 30, 000.00

b. Docket and other Filing fees- PHP 10, 000.00
c. Lawyer’s Court Appearance Fee- PHP 2, 500.00
d. Incidental and Litigation expenses- PHP 10, 000.00

PRAYER

WHEREFORE, FOREGOING PREMISES CONSIDERED,

Plaintiff pray that the court order declaring the plaintiff as the owner
and as the rightful and lawful possessor thereof, and ordering the
defendant to peacefully vacate the premises, undo the structures they
have unlawfully introduced therein at their own expense, and to
reimburse the expenses incurred by the plaintiff in filing and
prosecuting this suit enumerated herein as follows:

a. Lawyer’s fees- PHP 30, 000.00

b. Docket, Mediation and other Filing fees- PHP 10,

000.00

c. Lawyer’s Court Appearance Fee- PHP 2, 500.00

d. Incidental and Litigation expenses- PHP 10, 000.00;

and

e. Moral damages- PHP 50, 000.00

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Other just reliefs also prayed for. Respectfully submitted.

Pasig City, Metro Manila Philippines; February 18, 2018.

ATTY. MARIZA R. OCAMPO

Counsel for the Plaintiff
Ocampo & Partners Law Offices
Ramos Bldg. Real St., Pasig City
Attys. Roll No. 12345/ 1-1-06
PTR No. 12345/1-03-17 Makati City, Metro Manila
IBP O.R. NO. 7654321/01-01-17, Manila Chapter
MCLE COMPLIANCE NO.: V-0001111/01-01-2014
Phone No: 09171234567
Email: attymocampo@yahoo.com

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 VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING

I, VANNY A. ACOSTA, of legal age, and a resident of Brgy. 109

A&C Subdivision, Pasay City, after having been duly sworn to in
accordance with law, hereby state that:

1. I have caused the preparation and the filing of the instant

case;

2. I have read the contents and the allegations thereof and the
facts stated therein are true and correct based on my personal
knowledge and/or based on copies of documents and records
in my possession;

3. To the best of my knowledge and belief, no such action or

proceeding involving the same parties and issues is pending
before the Supreme Court, the Court of Appeals, or any other
tribunal or agency; and

4. Should I thereafter learn that a similar action or proceeding

has been filed or is pending before the Supreme Court, the
Court of Appeals, or any other tribunal or agency, I undertake
to report that fact and the status of the same within five (5)
days therefrom to this Honorable Commission.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this day, February 18, 2018, in Pasig City, Philippines.

VANNY A. ACOSTA
Affiant

SUBSCRIBED & SWORN to before me this day, February 18,

2018, in Pasig City, Philippines, affiant being personally known to me,
and swore before me that the above document is her free and
voluntary act and deed.

Witness my hand and seal in the place and date first mention
above.
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Doc. No.____;
Page No.____;
Book No.____;
Series of: 2018

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