Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch _____
Panabo City, Davao del Norte

BARANGAY TIBAL-OG,
STO. TOMAS, DAVAO DEL
NORTE represented by its CIVIL CASE No.______
Barangay Captain, Benigno R. For:
Andamon, SPECIFIC
Plaintiff, PERFORMANCE
- versus -

DALISAY ESTIPONA-ESTIOKO &

LILIA ESTIPONA-MANIQUIS,
Defendants.
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COMPLAINT

COMES NOW, Plaintiff represented by its Barangay Captain, Mr. Benigno R.

Andamon through the undersigned counsel and unto this Honorable Court most

respectfully avers:

1. That Plaintiff is a Barangay of the Municipality of Sto. Tomas, Davao del

Norte, Philippines, created and existing under the laws of the Republic of the

Philippines with office at the Barangay Hall of Tibal-og, Sto. Tomas, Davao

del Norte, Philippines where it may be served with summons and other Court

processes, duly represented by Barangay Captain, Mr. Benigno R. Andamon,

per Barangay Resolution No. ____, series of 200__, hereto attached as Annex

“A”;

2. Defendants are of legal age, Filipinos with residence and postal address at

Tibal-og, Sto. Tomas, Davao del Norte, Philippines, where they may also be

served with summons and Court processes;

3. Plaintiff is a local government unit created for the purpose of maintaining the

good governance of the constituents of Barangay Tibal-og, Sto. Tomas, Davao

del Norte. Under the Local Government Code of 1991, as amended, Barangay

Tibal-og is granted local autonomy and given more power, authority,

responsibilities and resources in order to be self-reliant, be able to provide the

basic services to its constituents and serve as an active partner of the national

government for the development and welfare of the community in general;

4. That upon the death of their parents, the said property was transmitted and

transferred to Mrs. Dalisay Estipona-Estioko and Mrs. Lilia Estipona-

Maniquis, his daughters and only heirs of the decedent;

5. That on February 18, 2008, the said Dalisay Estipona-Estioko and Lilia

Estipona-Maniquis executed a Deed of Donation over the portion of the above

parcel of land, measuring Ten Thousand (10,000) square meters, in favor of

BARANGAY TIBAL-OG, Sto. Tomas, Davao del Norte, and the same duly

notarized by a Notary Public, Atty. Maria Lina Baura, under her Doc. No. 144;

Page No. 25; Book No. LXV; Series of 2008;

6. That based on the approved survey for Emilio Estipona prepared Felix C.

Tanong – Geotic Engineer, the Ten Thousand (10,000.) Square Meters, is now

identified as Lot No. 2805-A, particularly described as follows:

7. That unfortunately, up to this time, the said Deed of Donation has not been

recorded in the Register of Deeds of Davao del Norte, Mankilam, Tagum City,

Davao del Norte, since the registered owner did not yet surrender the original

title of the property for processing;

8. That recently, I heard that registered owners wanted to withdraw the said Deed

of Donation and rather dispose the same to any third parties;

9. That I am, therefore, executing this affidavit of Adverse Claim so that the

Registry of Deeds of Davao del Norte will annotate in the original copy of

Transfer Certificate of Title (TCT) No. T-24701, our valid and adverse

interest to the registered owner and would be transferee/s thereof, over the

said portion and, so that no person may take interest in acquiring the Ten

Thousand (10, 000) Square Meter part of the parcel of land covered under

TCT No. T-24701, as described above.

10. Defendants are the only heirs/daughters of the late Emilio Estipona was the

registered owner of a parcel of land described as Lot No. 2805, Pls. 70,

covered under Transfer Certificate of Title No. T-24701 containing a total area

of FIFTY EIGHT THOUSAND ONE HUNDRED AND SEVENTY FOUR

(58,174) Square Meter situated at Tibal-og, Sto. Tomas, Davao del Norte,

Philippines. Portion thereof is LOT No. 2805-A more particularly described

below together with its total area affected thereto actually donated in favor of

the Plaintiff, to wit:

TECHNICAL DESCRIPTION

LOT No. 2805-A

Located at Tibal-og, Sto. Tomas, Davao del Norte

1–2 N. 89 deg. 58’ W. 202.42 m.;

2–3 N. 00 deg. 02’ E. 42.29 m.;
3–4 S. 89 deg. 58’ E. 203.35 m.;
4–1 S. 10 deg. 07’ W. 49.30 m.;

Containing an area of Ten Thousand (10,000) Square Meters, more

or less;

Copy of the Sketch Plan (Technical Description) of the affected area

prepared by Engr. Leonardo B. Busque is hereto attached as Annex “C”;

11. That pursuant to Section 19 of Local Government Code, as amended, the

Barangay Pag-asa has been given the authority to exercise the power of
 eminent domain and has no other option but to expropriate the above-

mentioned area having no other reasonable site in the Barangay, which is,

more or less, accessible to all constituents, strategically located and with

sufficient space to enable the plaintiff to construct and maintain its Barangay

Hall, Mini-Gym, MPP, Play ground and other important edifice to be

established as Barangay Center; Attached hereto are the copies of Barangay

Resolution no. 09, series of 1997 and Barangay Resolution no. 15, series of

1998, relative to the expropriation of the said portion lot as Annex “D” & “E”,

respectively;

12. That the above-described parcel of land sought to be expropriated has not

been applied to nor expropriated for any other public use, and which was

selected by plaintiff in a manner compatible with the greatest public good and

the least private injury;

6. That the Plaintiff has negotiated and offered with the defendants for the

acquisition of the above-described property for the purpose as above-stated at

a reasonable price prescribed by law, but failed to reach an agreement with

them notwithstanding the negotiations between the parties. Copy of the

Barangay Pag-asa’s letter offering to buy the portion of land is hereto attached

as Annex “F”;

7. That by virtue of Section 2, Rule 67 of the 1997 Rules of Court, as amended,

effective July 1, 1997, which states that upon the filing of the complaint or at

any time thereafter, and after due notice to the defendants, the plaintiff shall

have the right to take or enter upon the possession of real property involved if

it deposits with the authorized government depositary an amount equivalent to

the assessed value of the property for purposes of taxation to be held by such

bank subject to the orders of the court;

 PRAY E R

WHEREFORE, Plaintiff most respectfully prays of this Honorable Court that:

1. In the event that defendant refuses to allow plaintiff to enter and undertake the

construction of its project in spite of the deposit made and the Notice to take

possession pursuant to the requirements of section 2 of Rule 67 of 1997 Rules

of Civil Procedure, this Honorable Court issues an Order or Writ of Possession

authorizing plaintiff to enter and take possession and control of the parcel of

land consisting of TWO THOUSAND SEVEN HUNDRED FIFTY TWO

(2, 752) SQUARE METERS, more or less, described in paragraph 4 hereof,

together with its improvement, sought to be expropriated with the power and

authority to demolish all improvement existing thereof and to commence and

undertake the construction of the Pag-asa Barangay Center;

2. Should the defendant fail to submit a Motion to Dismiss within the time

specified in the summons, or where such motion is overruled, or when the

defendant fails to defend as required by the Rules of Civil Procedure to

forthwith issue, an Order of Expropriation condemning the properties together

with their improvement sought to be expropriated for public use or purpose

described in the Complaint be granted;

3. After the determination of the just compensation, to authorize the payment

thereof by plaintiff to defendant after deducting the sum due to the

Government for unpaid real estate taxes and other imposts;

4. Plaintiff be adjudged by this Honorable Court to have a lawful right to enter,

take possession and acquire the parcel of land together with improvements

sought to be expropriated for the purpose stated, free from any and all liens

and encumbrances, as stated in the Complaint.

 Plaintiff prays for such other relief deemed just and equitable under the given

premises.

Tagum City, Davao del Norte, Philippines, January ___, 2010.

_________________________
Counsel for the Plaintiff

REPUBLIC OF THE PHILIPPINES . . . )

PROVINCE OF DAVAO DEL NORTE...) Sc.
CITY OF TAGUM . . . . . . . . . . . . . . . . .)
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VERIFICATION/CERTIFICATION

I, Benigno R. Andamon, of legal age, married, Filipino and a resident of

Barangay Tibal-og, Sto. Tomas, Davao del Norte, after having been duly sworn to in
accordance with law, do hereby depose and say:

That I am the incumbent Barangay Captain of Barangay Tibal-og, Sto. Tomas,

Davao del Norte;

That I have caused the preparation of the foregoing Complaint and have read and
understood the allegations contained therein;

That I certify under oath that-

a) the plaintiff has not commenced any other action or proceeding which is
pending in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;

b) to the best of my knowledge, no such action or proceeding is pending in the

Supreme Court, the Court of Appeals, or any other tribunal or agency;

That I likewise undertake that-

a) if there is any such action or proceeding which is either pending or may have
been terminated, I will state the status thereof;

b) if I should thereafter learn that a similar action or proceeding has been filed or
it pending before the Supreme Court, the Court of Appeals, or any other
tribunal or agency, I will undertake to report that fact within five (5) days
therefrom to the Court or agency wherein the original pleading and sworn
certification contemplated in Section 5, Rule 7 of the 1997 Civil Procedure of
the Philippines, as amended.

That the allegations in this certification and verification is true and correct to my
own knowledge and belief.
 IN WITNESS WHEREOF, I hereunto affix my signature this __th day of
January 2010, Tagum City, Davao del Norte, Philippines.

Benigno R. Andamon
Affiant

SUBSCRIBED AND SWORN to before me this __ th day of January 2010 at

Tagum City, Davao del Norte, Philippines.