Republic of the Philippines

11th MUNICIPAL CIRCUIT TRIAL COURT

First Judicial Region
Sta. Cruz-Sta. Lucia, Ilocos Sur

MAGDALENA BUSTILLOS,
Plaintiff, Civil Case No. ______

- versus - For: QUIETING OF TITLE

with DAMAGES

______________________,
Defendant.
x-----------------------x

COMPLAINT

PLAINTIFF, thru counsel, and to this Honorable Court, respectfully

alleges:

1. Plaintiff is of legal age, single, and a resident of Brgy. Pinipin,

Sta. Cruz, Ilocos Sur. Defendant is also legal age, and a resident of Brgy.
Pinipin, Sta. Cruz, Ilocos Sur, where he may be served with Summons and
other Court processes;

2. Plaintiff is the forced and legal heir of Ricarda Bustillos who died
single and who is the lawful owner of a certain parcel of land with an
assessed value of Php2,560.00 located at Brgy. Pinipin, Sta. Cruz, Ilocos
Sur, under Katibayan ng Orihinal na Titulo Blg. P-39532 and more
particularly described as follows:

KATIBAYAN NG ORIHINAL NA TITULO BLG. P-39532

Lot No. 5564, Cad-546-D

“Beginning at a point marked “1” of Lot No. 5564, Cad-

546-D; being S. 06-57 W., 3009.78 m. from BLLM No. 1, Cad-
546-D; thence

S. 10-32 W., 10.95 m. to point 2;

S. 87-29 W., 165.26 m. to point 3;
N. 17-02 W., 10.65 m. to point 4;
N. 87-21 E., 170.40 m. to point of the beginning.

Containing an area of ONE THOUSAND SEVEN

HUNDRED FIFTY NINE (1,759) SQUARE METERS.

All points are marked on the grounds by P.S. Cyl. Conc.

Mons. 15x40cms;

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 Bounded on the E., along line 1-2 by Bayugao River (8-
70:00 meters wide);on the S., along line 2-3 by Lot No. 5567,
Cad-546-D; on the W., along line 3-4 by South China Sea; on
the N., along line 4-5 by Lot No. 5563, cad-546-D;

Bearings Grid.

This lot was surveyed in accordance with law and

existing regulations promulgated thereunder by Engr. Teodoro
I. Victorino, a Geodetic Engineer, from November 18-
December 16, 1976 and approved on September 11, 1985.

Note:

This lot is covered by F.P.A. No. 012924-480.

as shown by a copy thereof and Tax Declaration No./ARP No. 24-0034-

00397 hereto attached as Annexes “A” and “B” respectively;

3. Said parcel of land was acquired from its previous owner

Petronila Dyquiangco by virtue of a DEED OF SALE in 2005.
Consequently, she took possession of the subject property in the concept
of owner and paid the realty taxes due thereon as shown by a copy of the
Deed of Sale hereto attached as Annex “C”;

4. That in the later part of 2017, defendant began claiming

possession and encroached over a portion of the land adverse and
prejudicial to the rights of possession and ownership by the plaintiff;

5. Demands were made upon the defendant to refrain from

encroaching and disturbing the possessory rights and ownership by the
defendant of the land but ignored.Reason of which plaintiff reported the
matter to the police authorities also and referred it to the LUPON for
mediation but to no avail as shown by a copies of the Police Blotter and
Certificate To File Action hereto attached as Annexes “D” and “E”;

6. The actuation of the defendant mentioned in the preceeding

paragraphs has caused a cloud of doubt to the ownership and possession
of the plaintff over her propery;

7. Due to the wanton and deliberate refusal of the defenant to

respect the rights of possession and ownership by the plaintiff of the land,
the latter suffered mental anguish, shock, humiliation and embarassment
mindful of losing her hard earned property for which defendant should be
adjudged liable for moral damages in the amount of not less than
Php100,000.00;

8. To deter others who maybe similarly situated and for the good of
the public defendant shall likewise be adjudge liable for examplary
damages in the amount of not less than Php50,000.00;

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 9. To protect her rights and interest plaintiff was constrained to
engage the services of counsel for an agreed amount of Php25,000.00 as
attorney’s fee and Php1,500.00 for every appearance of counsel.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of

this Honorable Court to render judgment in favor of the plaintiff and
against the defendant as follows:

a. Declaring the plaintiff as the true and lawful

owner of the property and ordering the
defendant to cease and desist from further
encroaching entering, plowing, cultivating and
tilling the subject land or any portion of it;

b. Ordering the defendant to pay moral and

exemplary damages in the amount of not less
than Php100,000.00 and Php50,000.00
respectively;

c. To reimburse plaintiff payment of attorney’s fee

in the amount of Php25,000.00 plus litigation
expenses; and

d. To pay the cost of suit

Other reliefs just and equitable under the above premises are
likewise prayed for.

Sta. Cruz, for Tagudin, Ilocos Sur, October ____, 2018.

WILFREDO R. CORTEZ
Counsel for the Plaintiff
Sta. Cruz, Ilocos Sur
IBP No. 28105/1-17-18
PTR No. 8890557/1-4-18
Roll No. 33768
MCLE Compliance V-0013871
Issued at Pasig City
on February 11, 2016

VERIFICATION AND CERTIFICATION OF NON-FORUM S SHOPPING

I, FLORA L. VILLAMAR, of legal age, and a resident of Brgy. Libtong,

Tagudin, Ilocos Sur under oath, do hereby depose and say:

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 That I am the Plaintiff in the above entitled case;

That I have caused for the preparation of the foregoing Complaint’

That all the allegations stated therein are true and correct and
based on genuine or authentic records;

That of my own personal knowledge Plaintiff has not commenced

any other suit or proceeding involving the same issues between the same
parties before the Supreme Court, the Court of Appeals, or any other
tribunal or agency and should plaintiff shall thereafter learn that a similar
case has been filed or is pending before any of the aforementioned Courts,
she will undertake to report such fact within five (5) days from knowledge
therefrom.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this _____ day of October 2018, at Sta. Cruz, Ilocos Sur.

FLORA L. VILLAMAR
affiant
Valid ID NO.

SUBSCRIBED AND SWORN to before me this _____ day of

_______ 2018, at Sta. Cruz, Ilocos Sur, affiant exhibited to me a Valid
Identification as proof of her identity.

WILFREDO R. CORTEZ
Notary Public
Until December 31, 2018
Sta. Cruz, Ilocos Sur
PTR NO. 8890557/1-4-18
IBP NO. 28105/1-4-18
ROLL NO. 33768
TIN NO. 170-449-903

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