Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

Vigan City, Ilocos Sur

SHERYL SALVADOR CIVIL CASE NO. 88811

Plaintiff,
-versus- for

NICOLE KEITH CACABELOS UNLAWFUL DETAINER

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

COMPLAINT

Comes Now, Plaintiff through undersigned counsel, unto the Honorable

Court, most respectfully states and avers:

1. That plaintiff, SHERYL SALVADOR, is of legal age, single, and a

resident of Brgy. Bulala, Vigan City, Ilocos Sur;

2. That defendant, NICOLE KEITH CACABELOS, is likewise of legal

age, single, and resident of Brgy. Tamag, Vigan City, Ilocos Sur where
she may be served with summons, notices, orders and other court
processes that this Honorable Court may issue;

3. That plaintiff inherited the subject parcel of land after both of her
parents died intestate on December 25, 2014.

4. That an Affidavit of Self-Adjudication was executed by the plaintiff

being the sole heir of her parents in compliance with Section 1, Rule 74
of the Rules of Court (Exhibit A);

5. That the present assessed value of the subject parcel of land is

NINETEEN THOUSAND NINE HUNDRED NINETY EIGHT
PESOS (P 19,998) as evidenced by the tax declaration (Exhibit B);

6. That by virtue of tolerance, plaintiff’s parents, during their lifetime,

allowed the defendant to till the parcel of agricultural land and planted
it with palay;

7. That when plaintiff decided to optionally retire from being a public high
school teacher, she sent a demand letter to the defendant dated June 10,
2019 to vacate the property as she will take over the tillage of the land;

8. That despite personally receiving the demand letter as shown in

“Exhibit C”, defendant refused to vacate the land;
 9. That plaintiff initiated a complaint against the defendant before the
Katarungang Pambarangay of Brgy. Bulala;

10.That plaintiff and defendant failed to reach a settlement in the Lupong

Tagapamayapa;

11. That the Lupon issued a Certification to File Action on July 10, 2019,
hereto attached as “Exhibit D”;

12.That accordingly, while possession by tolerance is lawful, such

possession becomes illegal upon demand to vacate is made by the
owner and the possessor by tolerance refuses to comply with such
demand (Prieto v. Reyes 14 SCRA 432; Yu v. De Lara, 6 SCRA 786,
788; Isidro v. Court of Appeals, G.R. No. 105586, December 15, 1993);

13.That 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);

14. That by reason of failure of the defendant to vacate the land, the
plaintiff was compelled to file this complaint engaging the services of
counsel in the amount of P10,000.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of

this Honorable Court that, after hearing, judgment be rendered ordering the
defendant:

1. To vacate the subject premises;

2. To pay the amount of P2,000 per month as compensation for the reasonable
use of the subject land until they finally vacate the said land;

3. To pay the plaintiff the cost of the suit.

City of Vigan, August 13, 2019.

Connie Joy A. Omaoeng
Counsel for the plaintiff
PTR No. 987654-32-21
IBP No. 54321/2-5-2021/Vigan City
Roll of Attorney No. 65765
Victoria Building, Brgy. Tamag, Vigan City
 Tel. No. 98765
VERIFICATION/CERTIFICATION OF FORUM SHOPPING

I, Sheryl Salvador, of legal age, single, a Filipino citizen, and a

resident of Brgy. Bulala, Vigan City, after being sworn according to law,
herely depose and state that:

1. I am the plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis of copies of documents
in any possession;

4. I have not commenced any other action or proceeding involving the same
issues in the Supreme Court, the Court of Appeals, and another tribunal or
agency;

5. To the best of my knowledge and belief, no such action or proceeding has

been filed or is pending before the Supreme Court, the Court of Appeals, or
any tribunal or agency, I undertake to report the fact five (5) days therefrom
to this Honorable Court.

IN WITNESS THEREOF, I have hereunto affixed my signature this

th
13 day of August 2019, in the City of Vigan, Ilocos Sur.

Sheryl Salvador
Affiant

SUBSCRIBED AND SWORN to before me this 13th day of August 2019, in

the City of Vigan, Ilocos Sur, affiant exhibiting to me her Voter’s I.D.
No. 54321 issued by the COMELEC of Vigan City, Ilocos Sur.

Atty. Jose De Vega

Notary Public until 5-25-2023
PTR No. 87654-9890-98 Vigan City
IBP No. 98765/9-8-2022
Roll No. 87654

Doc no. _______

Page no. ______
Book no. ______
Series of 2019