Republic of the Philippines 8" Judicial Region Province of Northern Samar MUNICIPAL CIRCUIT TRIAL COURT OF i CAPUL-SAN VICENTE ALBIN C. CALAMAY, GENEROSA €. CALAMAY and ANISETO C. CALAMAY Plaintiffs, Civil Case No. 53 ~versus- For: IMELDA S. CASTILLO, RECOVERY OF POSSESSION MAMERTA 8. MAGLOYUAN, & OWNERSHIP WITH DAMAGES. LINO SAURO, NOEL SAURO, RODOLFO SAURO, GLORIA S. DENTE, Defendants. x TO: IMELDAS. CASTILLO Brgy. San Luis Capul, Northern Samar GREETINGS: You are hereby required, within fifteen (15) days after service of this summons upon you, to file with this court and serve on the plaintif your answer to the complaint, copy of whieh is hereto attached, together with the annexes. You are reminded of the provision in the IBP-OCA Memorandum of Policy Guidelines dated March 12, 2002 to observe restraint in filing a motion to dismiss and instead allege the grounds thereto as defenses in the Answer: If you [ail to answer within the time fixed, the plaintiff will take judgment by default and be granted the relief applied for in the complaint. WITNESS MY HAND under the the seal of the Court, this 23rd day of July, 2018 at Capul, Northern Samar. VIR z we MONTOPAR lerk of CourtRepublic of the Philippines Province of Northern Samar MUNICIPAL CIRCUIT TRIAL COURT OF CAPUL-SAN VICENTE Capul, Northern Samar ALBIN C. CALAMAY, GENEROSA C. CALAMAY and ANISETO C. CALAMAY, as Represented by ALBIN C. CALAMAY Plaintiff, Civil Case No__ <3 -versus- For: Recovery of Possession and Ownership with Damages IMELDA S. CASTILLO, MAMERTA S. MAGLOYUAN, LINO SAURO, NOEL SAURO, RODOLFO SAURO GLORIA S. DENTE Defendants. x x COMPLAINT Plaintiffs, by counsel, and unto the Honorable Court, most respectfully states, that: 1 Plaintiffs Generosa C. Calamay and Aniseto C. Calamay, with capacity to sue and be sued, are of legal age, Filipino citizens, residents of Barangay Barangay IV Poblacion, Capul, Northern Samar represented by Albin C. Calamay pursuant to a Special Power of Attorney executed by plaintiffs hereto attached as Annex “A” and made an integral part hereof. Plaintiff Albin C. Calamay, also of legal age, married, Filipino, with capacity to sue and be sued, and a resident of Barangay IV Poblacion, Capul, Northern Samar, where he may be served with notices and other processes of this Honorable Court; 2. Defendants Imelda S. Castillo, Mamerta S. Magloyuan, Lino Sauro, Noel Sauro, Rodolfo Sauro, Jr. and Gloria S. Dente, with capacity to sue and be sued, are likewise of legal age, siblings to each other, Filipino citizens and are residents of Barangay San Luis, Capul, Northern Samar where they may be served with summons and other court processes;3. Plaintiffs are the absolute and lawful owners of a parcel of agricultural land situated in Barangay San Luis, Capul, Northern Samar covered by Original Certificate ‘of Title No. 19147 in the name of GUALBERTO CALAMAY designated as Lot No. 2369, Pls 1056-D, declared for taxation purposes also in the name of GUALBERTO CALAMAY as per Tax Declaration No. 2012-05-011-00690 with an assessed value of Php 4,4750.00, particularly described as follows: “A parcel of an agricultural land denominated as Lot No. 2364, Pls-1056-D, C-3 with an area of THREE THOUSAND THREE HUNDRED NINETY (3,390) SQUARE METERS, bounded on the SW., along line 1-2 by Barrio Road; on the NW along line 2- 3 by Lot by Lot 2365; on the NE. along line 3-4 by Capul Pass; ‘on the SE. along line 4-1 by Lot 2064, all of Pls-1056-D, Capul Public Land Subdivision. Containing an area of 3,380 square meters.” Photo copies of the aforesaid title and tax declaration are attached hereto as Annexes “B” and “C”, respectively to form part hereof, 4, Plaintiff Generosa Calamay, widow, and Plaintiffs Aniseto and Albin Calamay, children, are the heirs of GUALBERTO CALAMAY, decedent-registered owner of the whole lot described above. Decedent, during his lifetime, in tum bought the same property from its primitive owner, Candido Catucod as evidenced by instruments of conveyance captioned Deed of Absolute Sale of Unregistered Land executed on September 5, 1966. Photocopy of the aforesaid deed is hereto attached as Annex “D” to form part hereof, 5. Upon the death of Gualberto Calamay, the above-property was inherited by plaintiffs and they eventually took over the possession and cultivation of the same. They have consistently paid the real property taxes thereof. Photo copies of the tax payment receipts are attached hereto as Annexes “E” and “F”, respectively to form part hereof; 6. That sometime year 2005, plaintiffs decided to use the whole area to pave way for copra production. Unfortunately, they found that the southwestern portion of Lot 2364 was being cultivated by the defendants. Plaintiffs demanded from the defendants to return possession of the oft- repeated portion of Lot 2364 but defendants would not budge their demand as the latter advised the former that the said area formed part of Lot 2064, Pls 1056-D which was owned by the defendants. Plaintiffs’ lot denominated as Lot 2364 and Defendants’ lot denominated as Lot 2064 are adjacent to each other. : 7. That in order to validate plaintiffs’ claim that the oft-repeated portion is still part of the larger tract of Lot 2364 which belonged to them, they requested from DENR-CENRO, Catarman N. Samar, a copy of theSketch Plan of Lot 2364, Pls 1056 which was plotted based on the Technical Description of the aforesaid lot on file with the office. Photocopy of the aforesaid Sketch Plan prepared by DENR- CENRO is hereto attached as Annex “G” to form part hereof, 8. That plaintiffs, in order to dispel defendants’, claim of ownership, tried to enartissloti ‘2 geodetic engineer sometime September 2015 to conduct a relocation survey but to their dismay, they were surprised that defendants had illegally and arrogantly placed a fence in the oft-repeated area enclosing EIGHT FORTY-SEVEN (847) SQUARE METERS thereof. Plaintiffs made several demands to vacate and surrender the fenced area, albeit orally, but defendants would not surrender possession of the premises and kept on claiming ownership over the same. Thus, plaintiffs were constrained to enter the incident in the Police Blotter of PNP Capul. Photocopy of the aforesaid police blotter accompanied by a receipt for its issuance are hereto attached as Annex “H” and “H-1” to form part hereof; 9. The defendants’ adamant position prompted the plaintiffs to seek the assistance of the Public Attorney's Office in order to settle the issue (pre-litigation conference) but defendants, despite entering into a Compromise Agreement and agreeing to abide by the result of the relocation survey conducted by a geodetic engineer commissioned by both parties, still did not surrender the possession of the 847 square meters disputed area which area was found out to be within plaintiffs’ property as shown in a Sketch Plan. Photo copies of Compromise Agreement and the Sketch Plan are attached hereto as Annexes “I” and “J”, respectively to form part hereof; 10. That with the defendants’ refusal to vacate the area subject matter of this case, plaintiffs were compelled to lodge a complaint before the Office of the Punong Barangay of San Luis, Capul, Northem Samar for conciliation and mediation proceedings as mandated under the Katarungang Pambarangay Law, but said dispute was not settled as shown in a Certification to File Action, photocopy of which is attached hereto as Annex “K” to also form part of this complaint; 141. Due to the wanton, malicious, and unjustified refusal of the defendants to vacate and surrender the possession of the aforementioned “lot, plaintiffs suffered serious anxiety moral shock, mental anguish social humiliation, besmirched reputation and similar injuries for which defendants should pay plaintiffs the amount of not less than Php100,000.00. 12. That because of the contumacious stance of the defendants in refusing to vacate the property in question, plaintiff was constrained to institute this action, availing the services of the Public Attorney's Office in order to prosecute the instant claim and that in so doing, plaintiff has already incurred and would be further incurring litigation expenses until the termination of this case in the amount of Php20,000.00PRAYER WHEREFORE, foregoing premises considered, plaintiff prays that after due notice and hearing, judgment be rendered: 1. Declaring plaintiff as the lawful owner of the property in controversy; 2. Ordering defendants to immediately and peacefully vacate the subject lot and to remove and demolish any and all improvements found thereon; 3. Ordering defendants to pay plaintiffs actual and moral damages in the amount of Php100,000.00 4. Ordering defendants to pay attorney's fees in the sum of Php10,000.00 as allowed under Section 4 (Sec. 16-D) of Republic Act No. 9406, otherwise known as PAO Law of 2007; and if 5. Ordering defendants to pay litigation expenses in the amount of Php20,000.00 and costs of suit. 2 . Other reliefs, just and equitable under the premises are likewise prayed for. Allen for Capul, Norther Samar, "WH 28 2m PUBLIC ATTORNEY'S OFFICE Hall of Justice Public Attohney Ill/District Officer-In-ChargeVERIFICATION/CERTIFICATION Republic of the Philippines) Province of Northern Samar) S. S. Municipality of Allen) |, ALBIN CALAMAY, of legal age, married, Filipino citizen and a resident of Barangay IV Poblacion, Capul, Northem Samar, after having wom to in accordance with law, depose and state: 1. That | am the plaintiff in the above-entitled case; that | have caused the preparation of the foregoing complaint and have read the contents thereof; and that the allegations therein are true and correct based on my own personal knowledge and on authentic documents and records at hand; 2. That | have not commenced any similar action before the Supreme Court, the Court of Appeals or any court or tribunal; that to the best of my knowledge, there is no case with similar Parties and issues that is pending today with the Supreme Court, the Court of Appeals, or any other body or tribunal; that | undertake to report to this Honorable Court if | should learn thereafter of any similar case within five (5) days from knowledge thereof. AY WITNESS WHEREOF, we have hereunto affix our signatures Juthis & ** day of June 2018 in Allen, Northern Samar. ALBIN C. CALAMAY Plaintiff/Affiant ID No, 0804 - gun 28 208 SUBSCRIBED AND SWORN to before me this ® day of June 2018 in Allen, Northern, ar, affiants showed to me their respective identification cards jfdicafed above as competent evidence of their identities.