Republic of the Philippines

TH
8 MUNICIPAL CIRCUIT TRIAL COURT
Second Judicial Region
Angadanan-San Guillermo
Angadanan, Isabela

LUCIA V. CABUNGCAL, DANNY

CABUNGCAL, LEONCIO
CABUNGCAL, JR., and
VICTORINO DOMINGO.
Plaintiffs,
Special Civil Action No. ___________
-versus- For: Forcible Entry with Damages

PACITA CABUNGCAL-DELA
CRUZ, DUMINGA CABUNGCAL-
ENGENIO, NOLI DELA CRUZ,
GIGI DANO, RUBEN EUGENIO,
and all persons claiming rights
under them.
Defendants.
x- - - - - - -- - - - - - - - - - - - - - - - - - -x

COMPLAINT

Plaintiffs, through counsel and unto this Honorable Court, most

respectfully institute this Complaint, and for this matter humbly allege:

PARTIES

1. The plaintiffs are as follows:

1.1 LUCIA V. CABUNGCAL, is of legal age, widow,

Filipino, and a resident of Mabuhay, Angadanan,
Isabela;

1.2 DANNY CABUNGCAL, is of legal age, married,

Filipino, and a resident of Sto. Niño, Angadanan,
Isabela;

1
 1.3 LEONCIO CABUNGCAL, JR., is of legal age, married,
Filipino, and a resident of La Suerte, Angadanan,
Isabela; and

1.4 VICTORINO DOMINGO, is of legal age, married,

Filipino, and a resident of La Suerte, Angadanan,
Isabela;

2. On the other hand, defendants are as follows:

2.1 PACITA CABUNGCAL-DELA CRUZ, is of legal age,

married, Filipino, and a resident of Mabuhay,
Angadanan, Isabela;

2.2 DUMINGA CABUNGCAL-EUGENIO a.k.a “DELIA

C. EUGENIO”, is of legal age, married, Filipino, and a
resident of Lourdes, Angadanan, Isabela;

2.3 NOLI DELA CRUZ, is of legal age, married, Filipino,

and a resident of Mabuhay, Angadanan, Isabela;

2.4 GIGI DAMO, is of legal age, married, Filipino, and a

resident of La Suerte, Angadanan, Isabela; and

2.5 RUBEN EUGENIO, is of legal age, married, Filipino,

and a resident of Lourdes, Angadanan, Isabela;

3. Said plaintiffs and defendants may be served with summons,

orders, notices and other processes of this Honorable Court in the
addresses respectively indicated thereto. For the purpose of this
Complaint, plaintiffs may be served with said processes in the address of
this counsel indicated below this complaint;

CAUSE OF ACTION

4. Defendants Noli Dela Cruz and Gigi Damo are the children of
defendant Pacita Cabungcal-Dela Cruz while defendant Ruben Eugenio is
a child of defendant Duminga Cabungcal-Eugenio who is also known as
Delia Eugenio;

5. Plaintiffs and defendants Pacita Cabungcal-Dela Cruz and

Duminga Cabungcal-Eugenio are co-owners of a parcel of land embraced

2
in Transfer Certificate of Title No. CLOA-48019 [1] entered in the Registry
of Deeds of Isabela and more particularly described as follows:

“Lot 3, Gss-396-D

“A parcel of land lot 3 of the Plan GSS-

396-D (Isabela Settlement Project) situated in
the Barrio of La Suerte, Municipality of
Angadanan, Province of Isabela, Island of
Luzon. Bounded on the NW., points 1-2 by lot 2;
on the NE points 2-3-4 by Road lot; on the SE.,
point 4-5-6 by road; and on the SW., points 6-1
by lot 4 all of the subd. plan. Beginning at a
point marked “1” on plan being S 82 deg. 07’E.,
3404.38 m. from BLLM No. #1, Municipality of
Angadanan, Province of Isabela….containing an
area of EIGHTY EIGHT THOUSAND NINE
HUNDRED EIGHTY ONE (88,981) SQUARE
METERS, more or less.”

6. Said title is registered under the name of VICTORINO

DOMINGO, ET AL., and in the back portion thereof appears the name of
the other co-owners, to wit:

“CO-OWNER:
DANNY CABUNGCAL- of legal age, Filipino,
single and a resident of La Suerte, Angadanan,
Isabela with an area of 0.9887has.
BENIGNO CABUNGCAL – of legal age, Filipino
single and a resident of La Suerte, Angadanan,
Isabela with an area of 0.9887has.
ALEX CABUNGCAL – of legal age, Filipino
single and a resident of La Suerte, Angadanan,
Isabela with an area of 0.9887has.
LUCIA V. CABUNGCAL – of legal age, Filipino
single and a resident of 0.9887has.
WILLIAM V. CABUNGCAL – of legal age,
Filipino single and a resident of La Suerte,
Angadanan, Isabela with an area of 0.9887has
LEONCIO CABUNGCAL, JR. – of legal age,
Filipino single and a resident of La Suerte,
Angadanan, Isabela with an area of 0.9887has.
1
Annex – “A” hereof.

3
 PACITA CABUNGCAL – of legal age, Filipino
married to Macario dela Cruz and a resident of
Mabuhay, Angadanan, Isabela with an area of
0.9886has.”
DUMINGA CABUNGCAL – of legal age,
Filipino married to Dominador Eugenio and a
resident of Lourdes, Angadanan, Isabela with an
area of 0.9886has.”

7. While the property is still registered under the co-ownership

regime there have been mutual consensus even before the said registration
by the said co-owners to physically segregate the properties amongst
themselves based on their share in the lot as now appearing in the title.
Thus as early as 2004, they have secured the services of a geodetic engineer
to segregate the properties as appearing in the sketch plan;[2]

8. However, said sketch plan has not yet been approved and
registered. Despite that, said co-owners by mutual agreement agreed to the
said partition and they have been peacefully in possession of each parcel of
said lot as described on the said sketch plan continuously and
uninterrupted since 2004;

9. Since 2004, plaintiffs who have been continuously occupying

their respective portions as embraced in the agreed-upon sketch plan have
been tilling the aforesaid land, and planting rice, corn, and banana to
sustain their living;

10. Life is peaceful for the plaintiffs since 2004 when they have
been possessing their portions of the land or so they thought until 22 April
2019 when defendants together with hired laborers, without the
knowledge, consent and authority of the plaintiffs, by force and
intimidation, encroached on and took possession over lands being
possessed by the plaintiffs. Defendants likewise put fence around the land
using wooden post and barbed wire, which effectively prevented and
continuously prevent plaintiffs from entering and taking back possession
of their properties;[3]

11. At the time that defendants were fencing the said portions
allotted to each of the plaintiffs on 22 April 2019, said defendants were
armed with bolo and wood which effectively prevented the plaintiffs from
2
Annex – “B” hereof.
3
Pictures showing defendants encroaching said properties are hereby collated and marked as Annex
– “C” hereof. Videos showing defendants encroaching said properties are hereto stored in compact
disc and marked as Annex “D”.

4
preventing the defendant’s actuation lest the plaintiffs would get
physically hurt;

12. The plaintiffs repeatedly made oral demands to the

defendants to peacefully vacate the encroached properties but said
demand fell into deaf ears;

13. The portions of the properties possessed by the plaintiffs that

are now encroached through force and intimidation by the defendants are
as follows:

13.1 Lucia V. Cabungcal- the entire portion of 0.9887 hectare

as appearing in the title;

13.2 Danny V. Cabungcal – the entire portion of 0.9887

hectare as appearing in the title;

13.3 Leoncio Cabungcal, Jr. – half of the area of 0.9887

hectare as appearing in the title or 0.49435 hectare more
or less;

13.4 Victorino Domingo, Jr. – half of the area of 0.9887

hectare as appearing in the title or 0.49435 hectare more
or less;

14. Overall, the said defendants have encroached a portion of

2.9661 hectares that are owned and possessed by the aforesaid plaintiffs.
Adding the portion owned by defendant Pacita Cabungcal-Dela Cruz and
Duminga Cabungcal-Eugenio of 0.9886 hectare each, said defendants were
able to encroach and fence through force and intimidation a total portion
of 4.9433 hectares, more or less, of the entire co-owned land embraced in
TCT No. CLOA-48019. It should be noted that as per the said Transfer
Certificate of Title defendant Pacita Cabungcal-Dela Cruz and Duminga
Cabungcal Eugenio have only a combined owned portion of 1.9772
hectares;

15. Up to this date of filing of this Complaint, defendants remain

hardheaded and stubborn in not surrendering peacefully the possession of
the aforesaid parcels of land to these plaintiffs. The defendants are now, as
of the moment, unlawfully tilling the same;

5
 16. A certificate to file action[4] has been issued by the Office of
the Lupong Tagapamayapa of Barangay La Suerte, Angadanan, Isabela to
institute this complaint before the Court;

DAMAGES

17. By reasons of the unlawful act of the defendants in

encroaching the parcels of land legally owned and possessed by the
plaintiffs, these plaintiffs were not able to till these parcels of land in time
for cropping season which they could have made a net profit of FIFTY
THOUSAND PESOS (Php50,000.00) per hectare per cropping or on
equivalent of ONE HUNDRED FIFTY THOUSAND PESOS
(Php150,000.00) which is the actual loss sustained by the plaintiffs due to
the defendants actuation;

18. Likewise, by the same unlawful act of the defendants,

plaintiffs suffered anxieties and sleepless nights exacerbated by theact of
the defendants in fencing the same and plaintiffs should be compensated
by way of moral damages in the sum of FIFTY THOUSAND PESOS
(Php50,000.00);

19. By way of correction, so that others similarly minded will be

dissuaded from doing such unlawful act of the defendants, said
defendants should be ordered to pay TWENTY THOUSAND PESOS
(Php20,000.00) by way of exemplary damage;

20. The plaintiffs were constrained to engage the services of a

lawyer to institute this action for a fee of FIFTEEN THOUSAND PESOS
(Php15,000.00);

PRAYER

WHEREFORE, it is most fervently prayed of this Honorable Court

that after due notice and hearing, a judgment be rendered ordering the
defendants and all persons claiming right under them to:

1. VACATE and SURRENDER peacefully the

possession of the subject portions of land more particularly
described in this Complaint in favor of the plaintiffs;

4
Annex – “E” hereof.

6
 2. PAY jointly and severally the plaintiffs by way of
actual damages the amount of Php150,000.00;

3. PAY jointly and severally the plaintiffs by way of

moral damages the amount of Php50,000.00;

4. PAY jointly and severally the plaintiffs by way of

exemplary damages the amount of Php25,000.00;

5. PAY Fifteen Thousand Pesos as attorney’s fees;

and

6. Cost of suit;

Other reliefs, just and equitable under the circumstances, are

likewise fervently prayed to.

Santiago City for Angadanan, Isabela. 31 July 2019.

THE LAW OFFICES OF DAMASEN & SUBIA

Counsel for the Plaintiffs
Unit 5, Mango Suites, Calao East, Santiago City
E-mail: lmdlawoffice@gmail.com
Mobile No.: 09178730405
Tel. No.: (078) 305-2392

By:

ATTY. LUCKY M. DAMASEN

MCLE Compliance No. VI-0018789/2-20-2019
PTR No. 2597820/Santiago City/01-03-2019
Life Member IBP No. 021277/IBP National Office, Pasig City/01-05-2018
Roll No.37959/07-24-92

&

ATTY. VIRGO M. GULAN

MCLE Compliance Exempted/ Passed the Bar Exams 26 April 2018
PTR No. 2660682/Santiago City/03-08-2019
IBP No. 067340 / 01 – 12- 2019
Roll No.71583

7
REPUBLIC OF THE PHILIPPINES}
SANTIAGO CITY}S.S
x---------------------------------------------------x

VERIFICATION/CERTIFICATION

WE, LUCIA V. CABUNGCAL, is of legal age, widow, Filipino, and

a resident of Mabuhay, Angadanan, Isabela, DANNY CABUNGCAL, is of
legal age, married, Filipino, and a resident of Sto. Niño, Angadanan,
Isabela, LEONCIO CABUNGCAL, JR., is of legal age, married, Filipino,
and a resident of La Suerte, Angadanan, Isabela and VICTORINO
DOMINGO, is of legal age, married, Filipino, and a resident of La Suerte,
Angadanan, Isabela, after having been duly sworn to in accordance with
law do hereby deposes and states:
1. That we are the plaintiffs referred hereto; that we caused the
preparation of the foregoing COMPLAINT; that all the allegations therein
are true of my own personal knowledge based on authentic documents;

2. That we hereby certify that we have not commenced any other

action or proceeding involving the same issue in the Supreme Court, the
Court of Appeals, the Regional Trial Court or any other Tribunal or
Agency;

3. That there is no other such action or proceeding presently

pending or terminated in the Supreme Court, the Court of Appeals, the
Regional Trial Court or any Tribunal or Agency;

4. That if we should thereafter learn that a similar action or

proceeding has been filed or is pending before the Supreme Court, the
Court of Appeals, the Regional Trial Court, or any other Tribunal or
Agency, we undertake to report the fact within five (5) days there from to
the Court or Agency wherein the original pleading and this sworn
certification has been filed.

        IN WITNESS WHEREOF, we hereby set our hands this ____ day of
_____________, 2019 at Santiago City.

LUCIA V. CABUNGCAL DANNY CABUNGCAL

Affiant Affiant
Postal No. PRNA37190235015P VIN: 3102-0079A-I2688DVC

8
 LEONCIO CABUNGCAL, JR., VICTORINO DOMINGO
Affiant Affiant
Sen. Cit No. 16-1512 Sen. Cit. No. 15-1513

SUBSCRIBED AND SWORN, to before me this ____day of

__________, 2019 at Santiago City, together with their identifying evidence
required by these rules, who signed the said instrument in my presence. I
further certify that I have personally examined the affiants and I am
convinced that the same are their own free and voluntarily act and deed.

Doc. No. _____

Page No. _____
Book No. ____
Series of 2019