Republic of the Philippines

REGIONAL TRIAL COURT

___Judicial Region
Branch ___
___________
-o0o-

LUFFY D. MONKEY, CIVIL CASE NO. ___________

Plaintiff,

-vs- -for-

RORONOA ZORO QUIETING OF TITLE and

RECOVERY OF POSSESSION
Defendants.
x-----------------------------------/

COMPLAINT

Plaintiff, through undersigned counsel, unto the Honorable Court, most

respectfully state and aver: THAT-

PARTIES

1. Plaintiff is of legal age, married, and resident of

__________________________, where he may be served with
summons, notices, orders and other court processes that the Honorable
Court may issue.

2. Defendants are likewise of legal age, married to each other, and

residents of ________________________, where they may be served
with summons, notices, orders and other court processes that the
Honorable Court may issue.

PRELIMINARY STATEMENTS

3. Plaintiff is the lawful and registered owner of a parcel of land identified

as __________________ a total area of FOUR HUNDRED SIXTY
TWO (462) square meters, more or less, situated at Sumadat,
Dumalinao, Zamboanga del Sur covered by ORIGINAL
CERTIFICATE OF TITLE (OCT) NO. 3698522. (hereto attached and
marked as Annexes “A” and “A-1”is a copy of OCT NO. 3698522)

4. Defendants are casting doubts on the title and interest of the Plaintiff
over Lot 6987-D-1, 7896541because they are claiming ownership over
said parcel of land and thus disturbing the rights, title and interest of the
Plaintiff over said parcel of land.

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5. Art. 476 of the New Civil Code provides that, whenever there is a
cloud on title to real property or any interest therein, by reason of any
instrument, record, claim, encumbrance or proceeding which is
apparently valid or effective but is in truth and in fact invalid,
ineffective, voidable, or unenforceable, and may be prejudicial to said
title, an action may be brought to remove such cloud or to quiet the
title.

STATEMENT OF FACTS

6. Sometime in year 1940’s, Plaintiff’s grandfather, Anastacio Tampos,

took possession over a portion of Lot 6987 which later on identified as
KjahfklsajdhfkjsadhfThe possession of the subject parcel of land by
plaintiff’s grandfather was upon the consent of certain Maria Lonzaga.

7. Plaintiff’s grandfather planted cacao and coconut trees and made the
same as indication of boundaries which separated said parcel of land
from the remaining portion of Lot 354.

8. In year 1970’s, Defendants started occupying another portion of Lot

684 which is now identified as 68465.

9. In 1985 Plaintiff occupied Lot 6987-D-1 as possession thereover was

given by his grandfather to him with the knowledge and consent of
Maria Lonzaga. Plaintiff resided thereat in a nipa hut standing on said
parcel of land and constructed a warehouse and a small garage thereon.

10. In 1992, before Plaintiff resided in the house of his grandfather,

Defendant RORONOA ZOROtold him to apply for certificate of title
over their respective parcel of lands. Unfortunately, Plaintiff was
financially incapable of covering the expenses for the application for
the certificate of title, while Defendant RORONOA ZOROapplied for
residential free patent over Lot 6987-C.

11.In year 2000, the grandfather of Plaintiff died and by reason thereof he
transferred living in the house of his late grandfather which is standing
on a parcel of land adjacent to Lot 6987-D-1 which is particularly
identified as Lot6987.

12.After he started living in the house of his grandfather, Plaintiff noticed

that Defendants were encroaching portion of his possessed subject
parcel of land by placing their plants they were selling. Since Plaintiff
and Defendants were good friends the former tolerated the
encroachment of the latter. Later on, Plaintiff further noticed that his
nipa hut that he used to live in has been utilized by the Defendants as

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 warehouse. Again, since Plaintiff and Defendants were good friends,
the former tolerated the same.

13.In year 2017, Plaintiff applied for the application of residential free
patent before the Department of Environment and Natural Resources
-Community Environment and Natural Resources Office (DENR-
CENRO) in Guipos, Zamboanga del Sur.

14.Plaintiff caused the Subdivision Plan of Land of Lot 6987-D; CSD-09-

00481-D over the subject parcel of land and was approved on 24
November 2017. In said subdivision plan, the subject parcel of land is
identified as Kjahfklsajdhfkjsadhf(Hereto attached and marked as
Annex “B” is copy of said Subdivision Plan of Land)

15.Later on, the application for residential free patent of the Plaintiff was
approved and he was issued a corresponding Original Certificate of
Title over Lot 6987-D-1, 7896541(Annex “A”).

16.Sometime in September 2019, Defendants were throwing their garbage

closer to the garage of the Plaintiff which was encroaching further and
a larger portion of the subject parcel of land. The latter reacted to the
acts of the Defendants and confronted them.

17.To the surprised of the Plaintiff, the Defendants told him that the
subject parcel of land is owned by them and that they have evidence to
prove the same.

18. By reason thereof, Plaintiff went to the Office of the Barangay of

Sumadat, Dumalinao, Zamboanga del Sur and lodged a complaint
against the Defendants for land dispute.

19.During the conciliation proceedings before the Office of the Punong

Barangay and Lupon ng Tagapamayapa of Sumadat, Dumalinao,
Zamboanga del Sur, Defendant RORONOA ZOROasserted that he
owned the subject parcel of land.

20.Defendant RORONOA ZOROpresented a Deed of Sale dated 30 th April

1992, executed between him as vendee and certain Maria Lonzaga as
vendor. The Deed of Sale referred to the sale of Lot 6987-D-1. (Hereto
attached and marked as Annex “C” is a machine copy of said Deed of
Sale)

21.No settlement was reached before the Office of the Punong Barangay
and Lupon ng Tagapamayapa of Sumadat, Dumalinao, Zamboanga del
Sur and a Certificate to File Action was issued on 7 th December 2019.

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 (Hereto attached and marked as Annex “D” is a copy of said Certificate
to File Action).

CAUSE OF ACTION/S

22.In 1992, the subject parcel of land was still a portion of Lot 6987-D and
has not been particularly identified yet as Lot 6987-D-1. It would be
impossible to identify Lot 6987-D-1 in year 1992 since the same was
only particularly identified and indicated as such on 24 November 2017
when Subdivision Plan of Land of Lot 6987-D; CSD-09-00481-D was
approved. A certification dated 6th January 2020 was issued by DENR-
CENRO ___________________ certifying that Lot 6987-D-1,
7896541was approved on 24 November 2017. (hereto attached and
marked as Annex “E” is copy of said certification)

23.If the subject parcel of land was in truth already identified way back in
year 1992 as Lot 6987-D-1 and was really the subject of the Deed of
Sale (Annex “C”), Defendants should have applied for the issuance of a
Certificate of Title over the same and utilized the Deed of Sale to
support for their application. Unfortunately, Defendants did not make
any efforts to apply for the issuance of the certificate of title over the
parcel of land identified in the Deed of Sale but only applied for Lot
6987-C which is adjacent to the subject parcel of land.

24.Lot 6987-D-1, 7896541is duly registered under the Torrens title law of
the Philippines in the name of the Plaintiff. The Plaintiff has all the
rights to enjoy the use and possession over the same while Defendants
have none. Thus, possession over the encroached portion of Lot 6987-
D-1 by the Defendants must be restored to the Plaintiff.

25.Because of the claim of the Defendants and the existence of Deed of

Sale (Annex “C”) the same cast doubt, if not cloud, on the title and
interest of the Plaintiff over Lot 6987-D-1 to which title and interest
must be de-clouded under the instant complaint.

26.Due of the unlawful claim of the Defendants which is apparently valid

or ineffective but in truth and in fact invalid, ineffective, voidable, or
unenforceable, which causes prejudice to the title and interest of the
Plaintiff, the latter’s title must be ordered quieted.

27.In order to protect the title and interest of the Plaintiff, the latter is
constrained to litigate the matter before the Honorable Court and
constrained to secure the services of counsel at a sum of FORTY
THOUSAND PESOS (P40,000.00) with undertaking to pay the sum of
TWO THOUSAND PESOS (P2,000.00) as appearance fee for every
court hearings.

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 28.Plaintiff suffered wounded feelings, sleepless nights and sufferings of
similar imports because of the unlawful and unfounded claim of the
Defendants. Thus, Defendants must be made to pay for moral damages
to the Plaintiffs.

29.The subject parcel of land covered by OCT NO. 3698522 has an

assessed value of FIFTY-SIX THOUSAND THREE HUNDRED
SIXTY PESOS (P56,360.00) as evidenced by Tax Declaration No. 16-
85463457under the name of the Plaintiff. Thus, the instant case falls
under the Jurisdiction of the Honorable Regional Trial Court. (hereto
attached and marked as Annex “F”)

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed to

the Honorable Court that after due notice and hearing, that decision be issued
quieting the title of the Plaintiff over the subject parcel of land covered by
OCT NO. 3698522 and:

a. Ordering the Defendants to vacate their encroached portion of Lot

6987-D-1, CSD-jdnjhewk6; restore the possession thereover to the
Plaintiff and his successors-in-interest; and refrain from encroaching
again 6987-D-1, CSD-jdnjhewk6;

b. Ordering Defendants to reimburse the Plaintiff of his litigation and

other consequential expenses in instituting the instant case, as well
as the attorney’s fees in the sum of P40,000.00 plus P2, 000.00 per
court appearances and shoulder the cost of the suit; and

Other just and equitable reliefs are likewise prayed for.

Respectfully submitted this 17th day of January 2020,

____________________

ATTY. NICO ROBIN

VERIFICATION AND CERTIFICATION

Republic of the Philippines)

)_________________ S.S.
x-----------------------x

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 I, LUFFY D. MONKEY, of legal age, Filipino, married, and a resident
of ______________________________, Philippines, after being sworn in
accordance with law, hereby depose and say:

That I am the Plaintiff in the above-entitled case; That I have caused

the preparation of the above Complaint and I have read the same and knows
the contents thereof; That the allegations contained therein are true and
correct of my own personal knowledge.

That I further certify that: (a) I have not theretofore commenced any
other action or proceeding or filed any claim involving the same issues or
matter in any court, tribunal, or quasi-judicial agency and, to the best of my
knowledge, no such action or proceeding is pending therein; (b) if I should
thereafter learn that the same or similar action or proceeding has been filed or
is pending before the Supreme Court, the Court of Appeals, or any other
tribunal or quasi-judicial agency, I undertake to report such fact within five
(5) days therefrom to the court or agency wherein the original pleading and
sworn certification contemplated herein have been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this 17th day

of January 2020 at ____________________.

LUFFY D. MONKEY
AFFIANT

SUBSCRIBED AND SWORN to before me, this 17 th day of January

2020, by LUFFY D. MONKEY who is personally known to me and who
exhibited to me his LTO Driver’s License Card with No.

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2020;

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