REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT OF MATI

11TH JUDICIAL REGION
Mati City, Davao Oriental

SPS BELINDA LIU and Spec Proc. No. _________

HSI PIN LIU, FOR:
PLAINTIFF,
UNLAWFUL DETAINER
-versus-

MARCELINA ESPINOSA,
MARY ANN M. ESTRADA,
ARCHIE ASUMBRADO,
INESITA ASUMBRADO,
LORETO TUTOR,
ELIAS PENAS,
BENITA ABANTAO,
BASILIZA MARTIZANO,
ARMAN PARAS,
MIGUELITO M. ANTEGA,
JOVENTINO CAHULOGAN, AND
TITO TUBAC,
DEFENDANT/S,
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COMPLAINT

COMES NOW, the Plaintiffs, Spouses Belinda Liu and

His Pin Liu, through the undersigned counsel, and unto this
Honorable Court, most respectfully aver that:

PARTIES

1) The plaintiffs, Belinda Y. Liu and Hsi Pin Liu (Plaintiff

for brevity), are spouses, both of legal age, Filipino,
and a resident in St. Mary, Tagum City, Davao del
Norte, where they may be served with summons and
other court processes;
 2) The defendants, Marcelina Espinosa, Mary Ann M.
Estrada, Archie Asumbrado, Inesita Asumbrado,
Loreto Tutor, Elias Penas, Benita Abantao, Basiliza
Martizano, Arman Paras, Miguelito M. Antega,
Joventino Cahulogan, and Tito Tubac (Defendants for
brevity), all are of legal age, Filipino, married and
residents of Sta. Maria, Nabunturan, Davao de Oro
where they may be served with summons and other
court processes of the Honorable Court;

STATEMENT OF THE FIRST CAUSE OF ACTION

3) The Plaintiffs are the registered owner of the parcel

of land located in in Barangay Santa Maria, Mati City,
Davao Oriental, which parcel of land is more
particularly described as follows:

Transfer Certificate of Title (TCT) No. 146-

2010008891
“A parcel of land (Lot No. 469-A-3-B, Psd-11-028019
being a portion of Lot 469-A-3, Psd-11-023230
situated in Barrio Santa Maria, Municipality of Mati
City, Province of Davao Oriental, Island of Mindanao”
xxx
containing an area of TEN THOUSAND (10,000)
SQUARE METERS, more or less.”

4) The ownership of the Plaintiffs of the above-

mentioned parcel of land is evidenced by Transfer
Certificate of Title (TCT) No. 146-2010008891. A
certified true copy of Transfer Certificate of Title
(TCT) No. 146-2010008891 is hereto attached as
Annex “A”1 and is made an integral part of this
Complaint;

5) The above-mentioned parcel of land had been

declared for real property tax purposes in the name
of the Plaintiffs and the latter has been religiously
paying the real property taxes of the land. A copy of
1
Annex “A”, Transfer Certificate of Title (TCT) No. 146-2010008891
 the Tax Declaration No. 14344 is hereto attached as
Annex “B”2 and the Tax Clearance covering the land
as Annex “C”3, which are made integral parts of this
Complaint;

6) The Plaintiffs upon acquisition of the land registered

their membership in said barangay as evidenced by a
Certification issued by the Punong Barangay marked
as Annex “D”4, and is made an integral part of this
Complaint;

7) The Plaintiffs acquired the subject land from spouses

Pedro Dagohoy and Petra Dagohoy by virtue of a
Deed of Absolute Sale executed in its favor on July 1,
1980. A copy of the Deed of Absolute Sale identified
as Doc. No. 01; Page No. 01; Book No. I; series of
1980 in the Notarial Register of Atty. Jason Cabrera
is hereto attached as Annex “E”5 and is made an
integral part of this Complaint;

8) Immediately after acquiring the subject land,

sometime in August 1, 1980, the Plaintiffs together
with the previous owner-seller, Mr. and Mrs.
Dagohoy, informed the occupants, herein
Defendants, regarding the sale and they were
advised to vacate the subject land. Defendants
requested herein Plaintiffs in the presence of Mr.
Pedro Dagohoy and Mrs. Petra Dagohoy that they be
given enough time, for a period of five (5) years for
them to prepare for their transfer to which herein
Plaintiffs granted the request without any
consideration whatsoever, and also, it was upon the
understanding that Defendants will peacefully vacate
the land once the owners need to use the same
arises. Furthermore, the occupants, herein
Defendants, were also advised not to plant tree-
2
Annex “B”, Tax Declaration No. 14344
3
Annex “C”, Tax Clearance
4
Annex “D”, Barangay Certification issued by the Barangay Captain of Brgy. Santa Maria, Mati City, Davao
Oriental
5
Annex “E”, Deed of Absolute Sale dated July 1, 1980
 growing crops. A copy of the Joint Affidavit of Mr.
Pedro Dagohoy and Mrs. Petra Dagohoy, the seller, is
attached as Annex “F”6 and is an integral part of
this Complaint;

9) The Plaintiffs hired spouses Juan Bahaghari and Bebe

Bahaghari as caretaker of the farm;

10) Sometimes in September, 1985, the Plaintiffs

made an oral notification to the Defendants that the
five (5) year period given to them have already
elapsed;

11) Sensing that Defendants did not heed to the oral

demand, the Plaintiffs send a final Demand Letter To
Vacate the premises dated October 1, 1985. A copy
of the Final Demand Letter addressed to Defendants
is hereto attached and made part of this Complaint
marked as Annex “G to G-11”7. The said Final
Demand Letter was duly received by the Defendants
as shown in the registry return receipt hereto
attached as Annex “H to H-118;

12) That despite the said letter of demand,

Defendants failed and still refused to comply
prompting the Plaintiffs to call their attention at the
Barangay for three (3) consecutive times, but to no
avail as Defendants did not appear in the barangay.
A copy of the Minutes of the Barangay and
Certification File Action is hereto attached and made
an integral part of this Complaint marked as Annex
“I”9 and Annex “J”10, respectively;

13) Despite notice of the aforesaid Demand by the

Plaintiffs, the Defendants refused still refused to
vacate the land owned by the Plaintiffs that caused
6
Annex “F”, Joint Affidavit of Mr. Pedro Dagohoy and Petra Dagohoy
7
Annex “G to G-11”, Final Demand Letter to Defendants
8
Annex “H to H-11” Registry Return Receipt
9
Annex “I”, Minutes of the Barangay
10
Annex “J”, Certification to File Action
 damage and prejudice of the Plaintiffs. The Plaintiffs
have a clear legal right of the said lots and
Defendants should be ordered ejected from the lot
that they unlawfully possess;

STATEMENT OF THE SECOND CAUSE OF ACTION

14) By reason of the unlawful possession by the

Defendants of the above property, Plaintiffs were
deprived of their lawful possession to their extreme
damage and prejudice;

15) The deprivation of possession of said property by

the Defendants, deprived the Plaintiffs of the income
of the said property;

16) Reasonable compensation or fair rental value for

the use and occupation of the property equivalent to
the number of months Plaintiffs were deprived in the
amount of One Thousand Pesos (P1,000.00) per
Defendant per month is hereby demanded from the
final demand was made; and

17) As a consequence of the refusal of the Defendants

to vacate depriving Plaintiffs of their right, Plaintiffs
were compelled to file this action and was
constrained to hire the services of a counsel for an
agreed professional fee of Thirty Thousand Pesos
(P30,000.00), appearance fee of Two Thousand
Pesos (P2,000.00) per hearing and was furthermore
constrained to shoulder the expenses in filing this
case in Court.

PRAYER

WHEREFORE, premises considered, it is respectfully

prayed that this Honorable Court grant the following:
 1) Ordering the Defendants to vacate the subject
land and turnover the same to the spouses
Plaintiffs;

2) Ordering defendants to pay spouses plaintiff

THIRTY THOUSAND PESOS (P20,000.00) as
Attorney’s fees and THREE THOUSAND PESOS
(P3,000.00) per hearing as appearance fee; and

3) Ordering defendants to pay the amount of One

Thousand Pesos (P1,000.00) per month per
Defendant as fair rental value or reasonable
compensation for the use and occupation of the
property equivalent to the number days from the
time the final demand was made.

Such other reliefs, as this Honorable Court may deem

just and equitable are likewise prayed.

Tagum City (for Mati City), Davao Oriental, Philippines

December 12, 1985.

BELINDA LIU HSI PIN LIU

Plaintiff Plaintiff

Assisted by:

ATTY. DAISY FELIZARDO

Counsel for the Plaintiffs
Balinggao-Cabrera-Ramos-Carulla-Felizardo Law Office
St. Mary’s Ave., Tagum City, Davao del Norte
PTR No. 14344 – TAGUM CITY
IBP No. 062477, TAGUM CITY
Roll of Attorney’s No. 08012020
MCLE Compliance No. V-001, 08/01/19
TIN NO. 020-202-143
 Contact Number (084)817-0367
Email address: daisy_bcrcflawoffice@yahoo.com
 VERIFICATION/CERTIFICATION

Republic of the Philippines )

Province of Davao Del Norte ) S. S.
City of Tagum )
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We, Belinda Y. Liu and His Pin Liu, with postal address
at St. Mary, Tagum City, Davao del Norte, after having been
duly sworn in accordance with law do hereby depose and
state that:

1. We are the Plaintiffs of the foregoing Complaint;

2. We have not theretofore commenced any action or
filed any claim involving the same issues in any
court, tribunal or quasi-judicial agency and, to the
best of his or her knowledge, no such other action or
claim is pending therein;
3. If there is such other pending action or claim, a
complete statement of the present status thereof;
and
4. If he or she should thereafter learn that the same or
similar action or claim has been filed or is pending,
he or she shall report that fact within five (5)
calendar days therefrom to the court wherein his or
her aforesaid complaint or initiatory pleading has
been filed; and
5. That we have read the contents therein and the
same are true and correct to the best of our personal
knowledge and based on authentic records.

IN WITNESS WHEREOF, we have hereunto set my

hand this 12th day of December, 1985 at Tagum City, Davao
Del Norte, Philippines.

BELINDA LIU HSI PIN LIU

 Affiant Affiant
SSS NO. 12345 SSS NO.
67890

SUBSCRIBED AND SWORN to before me this 12th day of

December, 1985 at Tagum City, Davao Del Norte,
Philippines. Affiants exhibited to me their SSS ID Number as
appearing below their name.

ATTY. JENNIFER C. CARULLA

Counsel for the Plaintiff
Balingao-Cabrera-Ramos-Carulla-Felisardo Law Office
St. Mary’s Ave., Tagum City, Davao del Norte
PTR No. 14344 – TAGUM CITY
IBP No. 062477, TAGUM CITY
Roll of Attorney’s No. 08012020
MCLE Compliance No. V-001, 08/01/19
TIN NO. 020-202-143
Contact Number (084)817-0367
Email address: daisy_bcrcflawoffice@yahoo.com