COMPLAINT

COMES NOW, the PLAINTIFFS, through the undersigned counsel

and unto this Honorable Court, most respectfully avers:

1. That the plaintiffs, ELIZABETH GETARUELA, EULOGIO

ABABON, LEONIA LIGAN, MARIETTO ABABON, GLORIA PANAL,
LEONORA OCARIZA, SOTERO ABABON, JR. and JOSEPH ABABON,
are of legal age, Filipino citizens, single, with residence and postal address at
F. Jaca St., Inayawan, Pardo, Cebu City.

2. That the defendants, VALENTIN CABRERA, MANUEL

CABRERA, and REBECCA LESLIE CABRAS, are of legal age, Filipino
citizen, single, with residence and postal address at F. Jaca St., Inayawan,
Pardo, Cebu City.

3. That plaintiffs are the children of Urbana Jaca Ababon, “URBANA”

for brevity;

4. That URBANA, by virtue of a Repartition Project, attached herein as

Annex “A”, approved on November 21, 1956 by Judge Jose M. Mendoza of
the Court of First Instance of Cebu City, Branch 6 in Special Proceedings
No. 211-V, received Lot Nos. 3635-Y and 3635-CC covered by Tax
Declaration Nos. GR2K-12-078-02409 and GR2K-12-078-02431 in the
name of Arcadio Jaca, said tax declarations are attached here as Annexes
“B” and “C”;

5. That according to the Subdivision Plan of Lot No. 3635-AA as

prepared for Urbana Jaca Ababon is situated in Barangay Inayawan, Pardo,
Cebu.

6. That the said Subdivision Plan of Lot No. 3635-AA which contains
among other Lot 3635-CC and Lot 3635-Y for Urbana Jaca Ababon was
certify and attest to be true and correct of its Sketch Plan of Lot plotted
based from the technical Description as filed from record section DENR-
LMS Region VII by Nikulas P. Delani, geodetic Engineer, License No.
XXXX, Date 0x-0x-1935 and PTR No. CENRO CEBU, date 0x-0x-1935.
The copy of the plan is indicated here as Annex “D”

6. That upon its division the Lot 3635-CC contains has an area of 1,300
Sq.m with line 1 -2, N 89 degrees 39'E with a distance of 75.55 m., line 2-3
due "South" with a distance of 17.21 M., line 3-4 S 89°39'W with a distance
of 75.55 m., and line 4-1 due "North" with a distance of 17.21.M. A copy of
the Transfer Certificate of Title of the said lot is indicated here as Annex
“E”;

7. That Lot 3635-Y has an area of 300 Sq.m. of which line 1 and 2
bearing due south has a distance of 15.50m., 2-3 due "West" with a distance
of 19.43 m., line 3-4 due "North" with a distance of 15.38 m., and line 4-1 N
89° 39'E with a distance of 19.43m. A copy of the Transfer Certificate of
Title of the said lot is indicated here as Annex “F”;

9. That URBANA died intestate in 1997, and herein plaintiffs inherited

the lots. Urbana’s death certificate is attached here as Annex “G”;

10. That defendants, with consent and knowledge of plaintiffs, occupied

the two lots, without paying any rentals, but with an agreement that they
would vacate the premises and demolish their houses at their expense should
plaintiffs need the property;

11. That in March 15, 2019, plaintiffs through their counsels notified
defendants that they would repossess the property, and asked them to vacate
the premises and remove the house that they built on the lots. The demand
letter is herein attached as Annex “H”;

12. That the matter was referred to the Lupong Tagapamayapa of

Barangay Inayawan, Cebu for a possible settlement, but it was in vain, as
defendants still refused to heed plaintiff’s demands. The certification of the
barangay is attached here as Annex “I”.