CASTRO & Associates Inc.

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EXECUTIVE SUMMARY – CIVIL CASE

(SUMMARY PROCEEDINGS)

Prospective Client: ANGELO TAN

Prospective Defendant: EUGENIO YAP
Possible Case: Ejectment and Damages

Summary of Facts:

1. Angelo Tan is of legal age, Filipino, married to Angelina Tan, and a

resident of Barangay IX, Roxas City, Capiz.

2. Eugenio Yap, is also of legal age, Filipino, and resident of Barangay IX,
Roxas City, Capiz.

3. Angelo Tan’s mother the Late Andrea Tan is the lawful owner of a portion
of a parcel of land known as Lot No. 2203-A, with an area of 10,000
square meters, and situated at Barangay IX, Roxas City, Capiz, her
ownership thereto being evidenced by the Deed of Adjudication and Sale
dated 17 January 1991.

4. Said Deed of Adjudication and Sale dated 17 January 1991 on its face,
bears the “consent and conformity” of Eugenio Yap, as evidenced by his
signature.

5. After the death of the Late Andrea Tan, her children adjudicated, waived,
assigned, transferred and relinquished their rights, share, title, interests
and participation in favor of herein Angelo Tan as evidenced by the Deed
of Extra- Adjudication with Waiver of Rights dated May 7, 2016.

6. Defendant have been illegally occupying the said parcel of land by mere
tolerance of Angelo Tan, with no existing contract whatsoever between
Angelo Tan and Eugenio Yap, whether written or verbal to this effect;

7. Angelo Tan is now in need of the property subject of this case, and had
demanded from the Eugenio Yap that they should vacate that portion of
Lot No. 2203-A that they are occupying, and to peacefully turn over the
possession thereof to Angelo Tan;

8. However, the Eugenio Yap unjustifiably refused to vacate the same;

9. Due to the unlawful refusal of the Eugenio Yap to vacate the premises
subject of this case, Angelo Tan was left with no other recourse and
constrained to refer this matter to his lawyer, who then sent a Final Notice
to Vacate dated October 26, 2020, via registered mail with its registry
receipt.

10. Despite the demand made by Angelo Tan’s counsel, Eugenio Yap still
failed and refused, and continue to fail and refuse to vacate the premises
subject of this case, to the damage and prejudice of Angelo Tan;
11. As a consequence whereof, Eugenio Yap unlawful act of withholding
possession of the said parcel of land from herein Angelo Tan despite
demand, Angelo Tan was deprived of his right to use, enjoy and possess
the said property, as owner, without any legal cause;

12. As such, Eugenio Yap should be charged reasonable rent for the use of the
land which may be fixed at the prevailing rent of Php 5,000.00 per month
counted from the time date of the filing of this complaint until Eugenio
Yap have completely vacated and turned over the property subject of this
case to the Angelo Tan;

13. Angelo Tan had referred this case to the Barangay Lupon of Barangay IX,
for mediation or reconciliation proceedings, but no settlement was
reached as evidenced by the Certification to File Action.

14. As a result of the apparent bad faith and malevolent character of Eugenio
Yap’s refusal to vacate the premises upon demand and in order to set an
example to those similarly inclined, Eugenio Yap must be adjudged to pay
exemplary damages.

Prepared by:

Atty. Josedith B. Bartolo, J. D.

Atty. Agnes C. Mejica, J. D.