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Complaint - Recovery of Possession Mahaplag

This document is a complaint filed in a municipal trial court in Mahaplag, Leyte, Philippines. [1] The plaintiff, Saint Michael Development Cooperative, owns a parcel of land and allows the defendant Susan Ceballos to occupy the land. [2] The plaintiff demands Ceballos vacate the land in 2012, but she refuses. [3] The plaintiff seeks a court order for Ceballos to vacate the land and deliver possession to the plaintiff, as well as pay damages.

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Lucille Teves
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172 views4 pages

Complaint - Recovery of Possession Mahaplag

This document is a complaint filed in a municipal trial court in Mahaplag, Leyte, Philippines. [1] The plaintiff, Saint Michael Development Cooperative, owns a parcel of land and allows the defendant Susan Ceballos to occupy the land. [2] The plaintiff demands Ceballos vacate the land in 2012, but she refuses. [3] The plaintiff seeks a court order for Ceballos to vacate the land and deliver possession to the plaintiff, as well as pay damages.

Uploaded by

Lucille Teves
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

MUNICIPAL TRIAL COURT


8th Judicial Region
Mahaplag , Leyte
--oOo—

SAINT MICHAEL DEVELOPMENT


COOPERATIVE MAHAPLAG, LEYTE
,herein represented by CHAIRMAN
CHARLITO MONDRAGON
Plaintiff,

-versus-

SUSAN ABENIDO CEBALLOS,


CIVIL CASE No. _________
FOR :
Defendants. RECOVERY OF POSSESSION
x-------------------------------------------------/ and DAMAGES

COMPLAINT

Plaintiff by counsel, unto the Honorable Court, most respectfully states


and avers: THAT-

1. Plaintiff, SAINT MICHAEL DEVELOPMENT COOPERATIVE


MAHAPLAG, LEYTE is a cooperative duly organized and existing
under the laws of the Philippines with business address at
Poblacion, Mahaplag, Leyte represented by Mr. CHARITO
MONDRAGON married, of legal age, Filipino , maybe served
with summons, orders, notices and other court processes that the
Honorable Court may issue.

A copy of the Secretary’s Certificate is hereby attached


marked as Annex” A” its contents are incorporated herein and form
part of this COMPLAINT by way of reference.

2. Defendants Susan Ceballos, and Avelina are of legal ages, married


Filipinos and residents of Matapay , Mahaplag, Leyte where they
may be served with summons, notices, orders and other court
processes that this Honorable Court may issue;

3. Plaintiff is the true and registered owner of a parcel of land situated


in Purok Riverside, Balangasan District, Pagadian City covered by
Transfer Certificate of Title No. T-4,465 consisting of an area of
ONE HUNDRED EIGHTY (180) square meters; (hereto attached
and marked as Annex “B”, (“B-1”, “B-2” and “B-3”) is the copy of
the Certified True Copy of TCT No. T-4,465)

4. The present assessed value of the subject parcel of land is Six


Thousand Three Hundred Pesos (P 6,300.00) as can be gleaned
from the present tax declaration of the same under Tax Declaration
No. 2K9-002930; (hereto attached as Annex “C” is copy of said tax
declaration for reference)

5. The subject parcel of land was declared in the name of the Plaintiff
for tax purposes since 1980 under Tax Declaration No. 1631; (copy
of Tax Declaration No. 1631 is hereto attached and marked as
Annexes “D” and “D-1”;

6. Plaintiff has been paying the real property taxes of the subject
parcel of land since 1980 up to the present as evidenced by the
certification issued by the Office of the City Treasurer of Pagadian
City dated 6 November 2017; (hereto attached and marked as
Annex “E”;

7. Since Plaintiff had no immediate need of the subject parcel of land,


the former allowed Defendant and her family to occupy the same
with the condition that the latter shall vacate the subject parcel of
land after demand is made upon them by the Plaintiff; (hereto
attached and marked as Annexes “F” and “F-1” is the affidavit of
Miguel Alvar Bernante for reference)

8. Sometime in year 2012, Plaintiff demanded from the Defendant and


her family to vacate the said subject property but the latter refused
and still continue to occupy the said property;

9. On 18 July 2016, Plaintiff thru a lawyer demanded the Defendant to


cease and desist from further constructing a house in the said
subject property as herein Defendant continued to construct and
build a house thereat. The demand letter was delivered to the thru
the Office of the Barangay of Barangay Balangasan, Pagadian City;
(A copy of the demand letter, pictures depicting the construction of
the house, and the affidavit of the Barangay Messenger are hereto
attached for reference and marked as Annexes “I”, “J”(“J-1”, “J-2”,
“J-3”, and J-4”) and “K” respectively);

10. Defendant refused to receive the demand letter; ( hereto attached


and marked as Annex “L” is the copy of the demand letter dated 15
December 2017)

11.By reason thereof, Plaintiff was constrained to send a demand letter


by way of registered mail, but was returned unserved for “ Party
Out No One to Received” . Another demand letter was again sent
by way of registered mail but likewise returned unserved for the
same reason;

12.Despite numerous demands for her and her family to vacate,


Defendant has remained in illegal possession of the said land up to
the present and still retain such possession;

13.Defendant has been in possession over the parcel of land without


any legal right. In fact, it is herein Plaintiff who is paying the
annual real property taxes of the subject parcel of land. Defendant
is enjoying the possession over the same to the prejudice of the
registered owner of the parcel of land, considering that Plaintiff
despite wanting to ;

14.A person who occupies the land of another at the latter’s tolerance
or permission without any contract between them, is necessarily
bound by an implied promise that he will vacate upon demand (Yu
v. De Lara, supra cited in Sumulong v. Court of Appeals, G.R. No.
108817, May 10, 1994);

15.Due to unjust refusal of the Defendant to vacate and return the said
land to the Plaintiff, the latter was considered to endorse the said
matter to his legal counsel for the filling of an appropriate action in
court and incurred attorney’s fees in the amount of Php 50, 000.00
and the amount of Php 2, 500.00 per court hearing;

16.This action is being filed within a period of two (2) years from the
demand on Defendant to vacate the said property.

PETITION FOR ISSUANCE OF THE WRIT OF PRELIMINARY


INJUNCTION

Plaintiff re-pleads all the foregoing allegations by way of reference in so


far as they are for the issuance of preliminary injunction.

17.That the plaintiff is entitled to the relief demanded and the whole or
part of such relief consist in ordering the defendant to deliver to the
plaintiff possession of the land subject of this case which is
described under paragraph 4 of the complaint;

18.That the continued possession or continuance of the unlawful acts


complained of during the litigation would cause irreparable damage
to the plaintiff who is wrongfully prevented in entering and taking
possession of his land and considering that the defendant has
already constructed a structure on the land.

19.That the plaintiff is able and willing to put up an injunction bond in


the sum fixed by this Honorable court, executed in favor of the
defendant to the effect that the plaintiff will pay all damages which
defendant may suffer as a result of the injunction if the court should
finally decide that plaintiff is not entitled thereto.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this


Honorable Court that pending final judgment, a writ of preliminary
mandatory injunction be issued ordering the defendant to vacate and
deliver to the plaintiff the land described under paragraph 3 of the
complaint and after due hearing making the injunction permanent and
further after due notice and hearing, judgment be rendered in favor of the
plaintiff, as follows:
1. Ordering the defendant demolish and/or to remove at his expense
whatever structure he caused to be constructed on Lot No. 1451-B and
also to demolish and/or remove the concrete fence constructed on the
South Eastern side of Lot No. 1451-B which is described under paragraph
3 of this complaint.

2. Ordering the defendant his servants and those residing and working
under them to vacate Lot No. 1451-B and to deliver possession thereon to
the plaintiff;

3. To pay the plaintiff the sum of P2,000.00 a month until such time
that the land Lot No. 1451-B is delivered to the plaintiff;

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