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Republic of the Philippines

Municipal Trial Court


Third Judicial Region
Calumpit, Bulacan

PEDRO SY,
Plaintiff

Civil Case No. 00123

-vsJUAN DELA CRUZ,


Defendant
x-------------------------x

COMPLAINT
Plaintiff by counsel, to this Honorable Court, respectfully avers that:
1. Plaintiff PEDRO SY, of legal age, Filipino and resident of No. 2
Building, Calumpit, Bulacan;
2. Defendant JUAN DELA CRUZ, of legal age, Filipino and a resident
of No. 1 Building, Calumpit, Bulacan, where he may be served with
summons and other processes;
3. The plaintiff is the owner of parcel of land located in No.3 Land,
Calumpit, Bulacan, containing an area of 250sqm, more or less which
realty is titled in the name as evidence by Transfer Certificate of Title
No. T22222 of Registry of Deeds Bulacan, photocopy of TCT No.
T22222 is here to attach and made an integral part of Annex A;
4. Plaintiff has been in peaceful possession of the land continuously and
uninterrupted for more than ten (10) years;
5. On January 28,2015, defendant together with hired laborers without
knowledge, consent and authority of the plaintiff, by force, strategy
and stealth entered that land described in paragraph 3, encroached on
and took possession of a portion of the land having an area of 200sqm
with the following boundaries: on the Northeast by the remaining
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portion; and on the Southwest by a provincial road. Survey to the


property is attached (Annex B);
6. Simultaneous to their unlawful entry, defendant started construction of
a residential house not withstanding repeated demands for them to
stop and to desist from further acts of dispossession;
7. Plaintiff, by himself and through his representative, repeatedly
demanded of the defendant to vacate the area occupied by them and to
deliver the peaceful possession of the same to them, but defendant,
without any just or legal reason, refused and continue to refuse to
leave the premises and restore peaceful possession to the plaintiff of
the portion which they unlawfully wrested from the plaintiff, a copy
of the demand letter of the plaintiff to the defendant is here to attach
as Annex C;
8. Efforts for possible settlement and a reconciliation was exerted by the
plaintiff by seeking the intervention of barangay officials of Brgy.
Pungo, Calumpit, Bulacan, regrettably all efforts to amicable
settlement for their dispute were in vain. Copy of Certification issued
by Brgy. Secretary Juana Reyes dated February 9,2015 is here to
appended and marked as Annex D ;
9. As a consequence of the unlawful entry and occupation of their land
by the defendant and their subsequent refusal to vacate the premises,
plaintiff was compelled to file this action and for this reason have to
engage the services of counsel for an agreed professional fee of
Twenty Five Thousand Pesos (P25,000.00);
10. As further consequence of the defendant refusal to surrender and
restore peaceful possession of the land, plaintiff suffered mental
anguish, emotional disturbance, embarrassment, besmirched
reputation which entitles them to recover moral and exemplary
damages amounting to not less than Fifty Thousand Pesos
(P50,000.00).
PRAYER
WHEREFORE, plaintiff respectfully prays the Honorable Court to
render judgment:
1. Ordering the defendant to vacate the premises of the area occupied by
them and to deliver peaceful possession of the same to the plaintiff or
their representative;
2. Ordering the defendant to remove any and structure which he, in bad
faith, have erected in the area occupied by them or, in default thereof,
to order the demolition of their building or structures which are
standing in the land, all at the expense of the defendants;
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3. Condemning the defendant to pay the plaintiff:


a. The sum of P25,000.00 as attorneys fees and the sum of P5,000.00
as expense of litigation;
b. Moral and exemplary damages of not less than P50,000.00;
c. The costs of this suit; and
d. Plaintiff pray for other reliefs and remedies as may be just and
equitable in the premises.
Calumpit, Bulacan 17 July 2015

ATTY. HEIDI PAGDANGANAN


Counsel for the Plaintiff
PTR No. 52650

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING


I, Pedro Sy, of legal age, Filipino and resident of No. 2 Building,
Calumpit, Bulacan, after being sworn in accordance with law hereby depose
and state:
1. I am the Plaintiff in above entitled case
2. I have caused the preparation and filing of this complaint.
3. I have read and understood the contents of this complaint and all
allegation contained therein are true and correct of our own
knowledge and based on authentic documents.
4. I hereby certify that I have not commenced any action or proceedings
involving the same issues in the above titled case before the Supreme
Court, Court of Appeals of Justice or quasi judicial body or
government agency; and should I learn of similar action or proceeding
and/or pendency thereof before any other Court of Justice, quasi
judicial body or government agency, I do hereby undertake to report
the same within five (5) days therefrom to this Honorable Court.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 7th day
of July 2015 at Calumpit, Bulacan.

Pedro Sy
Plaintiff

Subscribed and sworn to before me this 17th day of July 2015,


Calumpit, Bulacan

Doc. No. 526


Page No. 65
Book No. 16
Series of 2015
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