Republic of the Philippines

REGIONAL TRIAL COURT OF LANAO DEL SUR

12th Judicial Region
Branch ___
Marawi City

XXX, CIVIL CASE NO. __________

Plaintiff,

-versus- FOR:

YYY, ACCION PUBLICIANA

and DAMAGES
Defendants.
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COMPLAINT
PLAINTIFF, by counsel, unto this Honorable Court, most

respectfully alleges, that:

1. Plaintiff is of legal age, widow, Filipino and a resident of

Barangay Cebuano Group, Wao, Lanao del Sur while defendants are

likewise all of legal age, married, Filipinos and residents of Barangays

Cebuano Group and Eastern, respectively, all of Wao, Lanao del Sur,

where all of them may be served with summons and other processes

of this Honorable Court at their above-mentioned residential

addresses;

2. On February 7, 1985, plaintiff entered into a bond of

marriage with ______________ and solemnized by Rev. Fr.

______________, Parish Priest of the Philippine Ecuminical Christian

Church in Tuburan, Cagayan de Oro City, a copy of the Marriage

Contract is hereto attached as Annex “A”;

 3. During their marriage, plaintiff bore through her husband five

(5) children namely, Jovy, Janet, Genaro II, Jeffrey and Jonel, copies

of their Certificate of Live Birth are hereto attached as Annexes “B”,

“B-1”, “B-2”, “B-3” & “B-4”, respectively;

4. As husband and wife, plaintiff and Genaro, Jr. lived together

and decided to permanently reside in Wao, Lanao del Sur and to

cultivate a landholding they can call their own as a source of their

livelihood;

5. They were able to apply for a land under the Comprehensive

Agrarian Reform Program (CARP) in Cebuano Group, Wao, Lanao

del Sur and after processing all their papers as beneficiaries, they

were awarded a parcel of land containing Fifty Seven Thousand

Three Hundred Ninety Three (57,393) Square Meters through the

beneficent provisions of the Agrarian Reform Program, Resettlement

Project. They were also issued an Original Certificate of Title No.

_____________ under Certificate of Land Ownership Award (CLOA)

No. _____________, a copy of Original Certificate of Title is hereto

attached as Annex “C”;

6. As the couple raised their children, the husband of the

plaintiff succumbed into an illness that so suddenly took his life last

March 28, 2001 at the age of fifty-one (51) years old, a copy of the

Death Certificate of the late Genaro _________. is hereto attached

as Annex “D”;
 7. The death of the plaintiff’s husband, the late Genaro

__________, Jr., brought so much difficulties in the family of herein

plaintiff but she moved on and continued cultivating the land;

8. Four (4) years after the death of the plaintiff’s husband, the

defendants who claimed to be the children of the late Genaro

__________, Jr. in his first wife confronted herein plaintiff and

claimed two (2) hectares of the afore-described land titled in the

name of Genaro __________ and herein plaintiff;

9. After illegally taking possession of the two-hectare portion of

the subject land in February 2005, they again forcibly ousted herein

plaintiff from the remaining 3.7 hectares a month after, leaving herein

plaintiff with no land at all to sustain her family;

10. This matter was brought before the Barangay but no

settlement was ever arrived at, a copy of failed conciliation

proceedings duly signed by the Punong Barangay is hereto attached

as Annex “E”;

11. Despite various pleas made by the plaintiff, the defendants

refused to vacate the property titled in the plaintiff’s name and her

husband;

12. The illegal possession and cultivation of the land by the

defendants have brought actual and moral damages to the plaintiff in

the form of non-utilization of the land, serious anxieties, sleepless

nights and similar feelings. Such damages, if quantified in monetary

terms, may amount to P50,000.00;

 13. The acts of the defendants were so offensive to the existing

public policy and our laws as they have already taken over two-

hectare of the subject land and yet they still wanted to lord over the

entire land. Such odious act should be made as an example to the

society and should merit the plaintiff an award for exemplary

damages of P30,000.00;

14. By virtue of the illegal acts of the defendants over the land

subject of this case, plaintiff was constrained to file this action for

accion publiciana thereby engaging the services of a legal counsel in

the contractual amount of P20,000.00, excluding other expenses of

litigation;

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court that after hearing, a decision be

rendered in favor of the plaintiff and that the defendants and their

privies and assigns be ordered to vacate the premises of the subject

landholding and to pay the following sums, to wit;

1. P50,000.00 as actual and moral damages;

2. P30,000.00 as exemplary damages;

3. P20,000.00 as attorney’s fees, and

4. Cost of suit.

OTHER RELIEF IN EQUITY ARE LIKEWISE PRAYED FOR.

Cagayan de Oro City, May 3, 2006.

__________________________
& ASSOCIATES
Counsel for the Plaintiff
Back of Macaibay Compound
Carmen, Cagayan de Oro City
by:

________________________
Roll of Attorney No. ______
Lifetime IBP OR NO. __________
PTR No. ____________
Cagayan de Oro City