Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Region
Branch 20
Makati City

LIGHT RAIL TRANSIT AUTHORITY

Plaintiff,
SP. Civil Case No.: 00001
- versus - For: Expropriation

SPS. SAND AND ROCK DELA ROSA

Defendants.

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COMPLAINT
PLAINTIFF, by counsel and unto this Honorable Court, respectfully states:

1. That Plaintiff LIGHT RAIL TRANSIT AUTHORITY, a government entity created under
Executive Order No. 603, as amended, (herein after “E.O. 603”), with principal office
address at Administration Building, LRTA Compound, Aurora Boulevard, Pasay City.

2. Defendant Spouses Sand and Rock Dela Rosa are residents of 123 Rockwell Drive, where
they may be served with summons, pleadings, and other court processes.

3. The defendant Spouses Dela Rosa are the registered owners of the property for
expropriation.

4. The property is situated at Barangay Poblacion, Makati City covered and described by
subdivision plan for lot ABC-123456 of the Makati Cadastre with a total of 1,000 square
meters (sqm). It is bounded on the NW, along line 1-2 by Lot 3A of the subdivision plan;
along line 2-3 by road; along line 3-4 by Lot 2A of the subdivision plan; and along line 4-
5 by Lot 1A.

5. Pursuant to E.O. 603, Section 4, the Plaintiff is empowered to exercise the right of
eminent domain and institute condemnation proceedings for the acquisition of privately
owned lands for public use or purpose, such as for the construction, operation, and
maintenance of a light rail transit (LRT), a mass transportation system.

6. The property sought to be expropriated has been selected and identified as the idea and
most feasible site for construction and implementation of the extension of LRT, a mass
transportation system, with due consideration to the public good and the least possible
injury to private property. The affected property being expropriated will not only
contribute to alleviate the worsening traffic and transportation crisis in Metro Manila
 but will also enhance economic growth by providing an efficient and dependable
transportation system that will be truly responsive to the demands of general public.

7. The Plaintiff needs the affected property owned by the Defendants, for the purposes
stated above.

8. Under Section 4 of Republic Act No. 8974, Plaintiff has the right to enter and/or take
possession of the property upon the filing of the complaint and after due notice to the
Defendant, immediately paying to the owner of the property the amount equivalent to
the sum of One Hundred Percent (100%) of the affected property’s zonal value and the
value of any existing improvements.

9. The zonal value of the aforementioned property had been pegged by the Bureau of
Internal Revenue at Php 20,000.00 per square meter.

10. Plaintiff is able and ready to pay defendant Twenty Million Pesos (Php 20,000,000.00),
which is equivalent to one hundred percent (100%) of the zonal value of the property
sought to be expropriated and to make the necessary deposit with this Honorable Court
of such amount in compliance with R.A. No. 8974.

11. The government’s expropriation of the affected property is meritorious being motivated
by national interest, which is a genuine and bona fide public purpose.

PRAYER
WHEREFORE, premises considered, it is respectfully prayed of the Honorable Court that after
due notice and hearing, judgment be rendered as follows:

A. That an Order of Expropriation be issued/entered declaring that the Plaintiff has a

lawful right and authority to expropriate the above-mentioned property covered by ABC-
123456, with a total area of 1,000 square meters (sqm), for public use or purpose;

B. That Plaintiff be authorized, by proper order and writ to take immediate possession, to
control and dispose of the subject land sought to be expropriated upon plaintiff’s
deposit with the Office of the Clerk of Court, Regional Trial Court, Makati City, of a
check payment equivalent to 100% of the BIR Current zonal valuation of the affected
property in the name of defendant-owners; and for the office of said Clerk of Court to
safe keep and release the same to said defendant SUBJECT TO CLEARANCE from the
plaintiff’s satisfaction or completion of proofs of ownership in accordance with the
Implementing Rules and Regulations of the Commission on Audit.

C. An Order be issued directing the Register of Deeds of the place having territorial
jurisdiction over the subject property to enter the Writ of Possession in the Primary
Entry Book and annotate the same in the Registration Book pursuant to P.D. No. 1529.

D. Judgment be rendered condemning the property subject of the present case, free
from all liens and encumbrances whatsoever, for public use and for public purpose set
forth herein.
 E. Directing the same Register of Deeds to cause the registration and annotation of the
decision or judgment to the instant eminent domain/expropriation case covering the
road right-of-way of the LRT Extension project.

Plaintiff prays for such other reliefs and remedies which this Honorable Court may deem just
and equitable under the premises.

Makati City, October 30, 2019.

(sgd)
ATTY. SUPAL PALENO
Counsel for Plaintiff
PD Law Firm, Makati City
Roll No.: 12345
IBP Lifetime No. 000123 – 1/18/93
MCLE Exemption No.: II-10102