REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

MUNICIPAL TRIAL COURT
TAGUIG CITY
BRANCH 74

ERNESTO S. FERNANDEZ,

Plaintiff,

CIVIL CASE NO. _______

-versus- For: Unlawful Detainer
(Ejectment)

NAPOLEON ABINAL,
RODOLFO A. DALUPANG,
FREDO GONZALES,
BONIFACIO ANOG, MIGUELA
J. SUGUITAN, WENCY
ABINAL, FEDERICO MAGNO,
JR., ROMEO TUBIERRA,
ARTEMIO GRANADA, RUTH
ROSARIO, JOEMAR P.
GUMPAL, GENEROSA GINA
C. JUBAS, REMEDIOS T.
GUMPAL, VILMA HAMON,
FELY VALDELLON,
BLADIMIR MAGNO, LARRY
MAGNO, NORA CATABIAN,
FRANCISCO TAGUEL,
ALFREDO PAZ, ELOISA S.
CATENZA, WINNIE
DALUPANG, FRANK
CUTICLON, MANUEL MERIN,
JOSE R. RALES, JR., JOEL
RALES, MARITES LOREDO,
MILDRED BOYOD, and all
persons claiming rights
under them,

Defendants.
x
-------------------------------------------
------x

COMPLAINT

Page 1 of 9
 PLAINTIFF, ERNESTO S. FERNANDEZ, by the
undersigned counsel, and to this Honorable Court most
respectfully states that:

1. Plaintiff is of legal age, Filipino citizen, with

residence at No. 03 Maharlika Highway, Barangay Sinsayon,
Santiago City, Province of Isabela. Plaintiff may be served
with summons and other court process through the
undersigned counsel at Dulay Pagunsan & Ty Law Offices,
Suite 1300, Strata 100 Building, F. Ortigas Jr. Road, Ortigas
Center, Pasig City, Metro Manila.

2. Defendants are all of legal age, Filipino citizens,

and may be served with summons and other court process
at Lot 2 and Lot 25-E-3, East of C-5 Road, Barangay Fort
Bonifacio, Taguig City, Metro Manila.

3. On 08 May 2015, plaintiff purchased thru public

bidding from the Bases Conversion and Development
Authority (“BCDA”), the parcels of land located at Lot 2 and
Lot 25-E-3, East of C-5 Road, Barangay Fort Bonifacio, Taguig
City (hereinafter referred to as the “Subject Properties”),
previously covered by Transfer Certificate of Title (“TCT”) No.
36271 issued by the Registry of Deeds for the Province of
Rizal and TCT No. 164-2015001069 issued by the Registry of
Deeds for the City of Taguig, respectively. A copy of the Deed
of Absolute Sale dated 08 May 2015 between plaintiff and
BCDA is hereto attached as Annex “A” hereof.

4. Plaintiff is the lawful and registered owner of the

Subject Properties as evidenced by the new TCT No. 164-
2015002279 and TCT No. 164-2015002280 both issued by
the Registry of Deeds for the City of Taguig and more
particularly described as follows:

TRANSFER CERTIFICATE OF TITLE

NO. 164-2015002279
Registry of Deeds for Taguig City

A parcel of land (Lot 2 of the subd., plan, SWO-00-

001266, being a portion of parcel 4, PSU-
2013,L.R.C. Record No. ), situated in the Barangay
of Fort Bonifacio, Municipality of Taguig, Province
of Metro Manila, Island of Luzon. Bounded on the
N., along line 1-2; on the E., along lines 2-3-4-5-6-
7; on the SE., along lines 7-8-9-10-11-12-13-14-15-

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 16, all by SWO-13-000358-AMD.; on the NW., along
lines 16-17-18-19-20-21-22-23-24 by Lot 25 of the
subd. plan; and on the E., along line 24-1 by SWO
—13-000358-AMD., x x x containing an area of
ONE THOUSAND EIGHTY-NINE (1,089) SQUARE
METERS, more or less, x x x x x.

TRANSFER CERTIFICATE OF TITLE

NO. 164-2015002280
Registry of Deeds for Taguig City

Lot No:25-E-3 Plan No: PSD-00-067707

Location: Barangay of Fort Bonifacio, City of
Taguig, Metro Manila, Island of Luzon
Boundaries:

LINE DIRECTION ADJOINING

LOT(S)

1-2-3-4- NW Lot 25-E-2,

5-6-7-8 Psd-00-
067707
8-9, 17- NE SWO-13-
18-19- 000358 AMD.
20-21-
22-23
9-10-11- SE, NE LOT 2, SWO-
12-13- 00-001266
14-15-
16-17
23-24- SW, NW, SW SWO-13-
25-1 000572

Area: Two Thousand Nine Hundred Fifty One

Square Meters (2,951), more or less, x x x x x.

A copy of TCT No. 164-2015002279 and TCT No. 164-

2015002280 registered in the name of plaintiff is hereto
attached as Annex “B” and Annex “C”, respectively.

5. Defendants and all the persons claiming rights

under them are presently occupying the Subject Properties
by plaintiff’s mere tolerance or by reason of courtesy and
neighborliness, as the defendants have been occupying the
same prior to the sale between plaintiff and BCDA, also by
reason of the previous owner BCDA’s mere tolerance.

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 6. Defendants and the other persons claiming rights
under them continue to remain in possession of the Subject
Properties and refuse to leave and remove the
improvements and/or structures they have erected thereon
despite plaintiff’s repeated demands to vacate the same.

7. As abovementioned, the plaintiff has several times

demanded the defendants to vacate the Subject Properties,
the last demand having been made through a formal letter
dated _________________ sent by counsel for the plaintiff. The
said letter was served upon the defendants through
registered mail on 08 August 2016. Defendant Bonifacio
Anog was served a copy of the letter through registered mail
on 07 September 2016. A copy of said letters dated
_________________ and a Certification from the Philippine
Postal Corporation are, respectively, attached as Annexes
____________ hereof.

8. Resort to the Barangay Conciliation System for

amicable settlement is not necessary as plaintiff and
defendants reside in barangays of different cities and their
barangay units do not adjoin each other. As
abovementioned, plaintiff is a resident of Barangay
Sinsayon, Santiago City, Province of Isabela while the
defendants are residents of Barangay Fort Bonifacio, Taguig
City. The Revised Katarungang Pambarangay Law or Section
408 of the Local Government Code (Republic Act 7160)
provides to wit:

Section 408. Subject Matter for Amicable

Settlement; Exception Thereto. - The lupon of
each barangay shall have authority to bring
together the parties actually residing in the
same city or municipality for amicable
settlement of all disputes except:

(a) Where one party is the government, or any

subdivision or instrumentality thereof;

(b) Where one party is a public officer or

employee, and the dispute relates to the
performance of his official functions;

(c) Offenses punishable by imprisonment

exceeding one (1) year or a fine exceeding
Five thousand pesos (P5,000.00);

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 (d) Offenses where there is no private offended
party;

(e) Where the dispute involves real properties

located in different cities or municipalities
unless the parties thereto agree to submit
their differences to amicable settlement by
an appropriate lupon;

(f) Disputes involving parties who actually

reside in barangays of different cities or
municipalities, except where such
barangay units adjoin each other and
the parties thereto agree to submit their
differences to amicable settlement by
an appropriate lupon;

(g) Such other classes of disputes which the

President may determine in the interest of
Justice or upon the recommendation of the
Secretary of Justice.

The court in which non-criminal cases not falling

within the authority of the lupon under this Code
are filed may, at any time before trial motu propio
refer the case to the lupon concerned for amicable
settlement.
(Emphasis and underscoring ours)

9. Plaintiff hereby repleads and incorporates by way

of reference the foregoing allegations and states that:

10.1 Defendants failed and refused to vacate

the Subject Properties and remove the
improvements and/or structures they have
erected thereon despite demand;

10.2 Plaintiff gave defendants formal notice and

demand to vacate the Subject Properties.

10.3 Plaintiff is filing this instant complaint for

unlawful detainer within one (1) year from
the time of formal demand upon the
defendants on 08 August 2016, 07
September 2016 with respect to defendant
Bonifacio Anog.1
1
Cabrera vs. Getaruela, G.R. No. 164213, 21 April 2009.

Page 5 of 9
 10. Occupying the Subject Properties by mere
tolerance, occupation became illegal upon demand to vacate
and, thus, defendants have no right whatsoever to further
possess and use the Subject Properties.

11. On account of the continuous and unjustified

refusal of the defendants to vacate the Subject Properties
and remove the improvements and/or structures they have
erected thereon despite notice and formal demand for them
to do so, Plaintiff has no other recourse but to eject
defendants from the Subject Properties as he is entitled to
peaceful possession of the same.

12. The continued possession of the Subject Properties

without any legal right by the defendants has forced the
plaintiff to sue and incur legal expenses amounting to Two
Hundred Thousand Pesos (Php200,000.00) attorney’s fees
plus the appearance fee of Ten Thousand Pesos
(Php10,000.00) for every court appearance, and the costs of
the suit.

PRAYER

WHEREFORE, premises considered, it is respectfully

prayed that, after due hearing, judgment be rendered in
favor of the plaintiff, ordering the defendants and all other
persons claiming rights under them:

(1) to vacate the Subject Properties, to remove the

improvements and/or structures they have erected thereon
and to peacefully turn over possession of the same to the
plaintiff; and

(2) to pay the plaintiff the amount of Two Hundred

Thousand Pesos (Php200,000.00) as and by way of
attorney’s fees and Ten Thousand Pesos (Php10,000.00) for
every court appearance, plus the costs of this suit.

Other reliefs just and equitable under the premises are

likewise prayed for.

Pasig City, M.M. for Taguig City, M.M. 17 October 2016.

DULAY PAGUNSAN & TY LAW

OFFICES

Page 6 of 9
Counsel for Plaintiff
Suite 1300, Strata 100 Building,
F. Ortigas Road, Ortigas Center
Pasig City, Metro Manila
Telephone No. 633-8722 to 24

By:

ALLAN U. TY
PTR No. 4203445/01.12.15/Pasay City
IBP Lifetime No. 04267/Isabela Chapter
Attorney’s Roll No. 45643
MCLE Compliance No. IV-
0016103/04.10.13

KAREN KAYE C. MANUEL

PTR No. 0862940/01.05.2016/Pasig City
IBP No. 1017631/01.05.2016/RSM
Chapter
Attorney’s Roll No. 64963
MCLE Compliance No.: Not Applicable
Date Admitted to the Bar: 2015

Page 7 of 9
 VERIFICATION AND CERTIFICATION AGAINST FORUM
SHOPPING

I, ERNESTO S. FERNANDEZ, Filipino, of legal age,

single, a resident of No. 03 Maharlika Highway, Barangay
Sinsayon, Santiago City, Isabela, do hereby state that:

1. I am the plaintiff in the above-entitled case.

2. I have caused the preparation of the foregoing

Complaint.

3. I have read its contents and affirm that they are

true and correct to the best of my own personal knowledge
and based on authentic records.

4. I further certify 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 that if I should thereafter learn that the same or
a similar action or claim has been filed or is pending, I shall
report such fact within five (5) days thereof.

IN WITNESS WHEREOF, I have signed this instrument on

___________________________.

ERNESTO S. FERNANDEZ
Affiant

SUBSCRIBED AND SWORN to before me this

__________________ at _________________, affiant exhibiting to
me his ________________ issued on ____________ at
_______________.

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2016.

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