[CAPTION]

RULE 7, SECTION 1

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
MAKATI CITY
BRANCH ___

JUAN C. DELA CRUZ,

Plaintiff,

– versus – Civil Case No. ____________

For: Recovery of Possession and
Damages.
JOHN S. DOE,
Defendant.
x----------------------------------------------------------------------------------------- x

[THE BODY]
RULE 7, SECTION 2

COMPLAINT

Plaintiff JUAN C. DELA CRUZ (the “plaintiff”) by counsel,

respectfully states:

[THE BODY: PARAGRAPHS]

RULE 7, SECTION 2(A)

1. Plaintiff is a Filipino, of legal age and with address at 1234

XYZ St., Victoriaville, Bacoor City, Cavite. He may be served notices,
orders, processes and the decision of this Honorable Court through
undersigned counsel, at Esguerra & Blanco Law Offices, 4 th and 5th
Floors, S & L Bldg., Dela Rosa corner Esteban Streets, Legaspi Village,
Makati City.

2. Defendant John S. Doe (the “defendant”) is a Filipino, of

legal age and with address at 5678 ABC St., Magallanes Village, Makati
 2

City, where he may be served summons, notices, orders and other

processes of this Honorable Court.

Factual Antecedents

3. On 16 May 1995, XYZ Realty, Inc. (“XYZ Realty”) and

plaintiff entered into a “Deed of Absolute Sale” (the “Deed of Sale”) 1
over a parcel of land located in Brgy. Bangkal, Makati City, with an
area of 501 square meters (“sq. m.”), identified as Lot No. 1, Block No.
2 in Happy Homes Subdivision (the “Subdivision”), and then covered
by Transfer Certificate of Title (TCT) No. T-123452 (the “subject
property”), for the amount of Php877,750.00. The present assessed and
zonal values of the subject property are Php350,500.00 and
Php7,418,000.00, respectively.3

4. Upon payment of the requisite taxes, the Bureau of Internal

Revenue (BIR) issued a Certificate Authorizing Registration dated 19
May 1995.4 Consequently, TCT No. No. T-12345 was cancelled and
TCT No. T-6789105 was issued in the name of plaintiff.

5. Plaintiff’s ownership over the subject property is further

showed by the following plans:

(a) the Consolidation and Subdivision Plan of the

Subdivision (Psu-1623722, Psu-171743 and Lot I, Psu-
160836Amd), as approved by the Department of Environment
and Natural Resources (DENR), Land Management Sector on 12
March 1974;6 and

1 A copy of the “Deed of Absolute Sale” dated 16 May 1995 is attached and will be marked
as Exhibit “A” hereof.
2 A copy of Transfer Certificate of Title (TCT) No. 12345 is attached and will be marked as

Exhibit “B” hereof.

3 Copies of Tax Declaration No. 111213 and BIR’s zonal valuation for the subject property,

showing a zonal value of Php18,000.00/sqm., are attached and will be marked as Exhibits
“C” and “C-1,” respectively, hereof.
4 A copy of the Certificate Authorizing Registration (CAR) No. 141516 is attached and will

be marked as Exhibit “D” hereof.

5 A copy of TCT No T-678910 is attached and will be marked as Exhibit “E” hereof.

6 A copy of the Consolidation and Subdivision Plan of the Subdivision, consisting of two

(2) sheets, is attached as Exhibits “F” and “F-1” hereof.

 3

(b) the Verification Survey Plan dated 7 March 2016

conducted by Engr. Jonas B. Asura (“Engr. Asura”).7

6. Sometime in December 2014, plaintiff discovered that a

house was illegally constructed on the subject property.8

7. On 8 December 2014, plaintiff wrote a letter9 to the

President of XYZ Realty, informing him that the subject property is
“occupied by others.” In the same letter, plaintiff requested for a
verification of XYZ Realty’s record, and that an ocular inspection be
immediately conducted on the subject property.10 Plaintiff was later
informed that the subject property was occupied by defendant.

8. In a Memorandum dated 7 May 201511 issued by XYZ

Realty to its Legal Department, it was reported that a house was
constructed on the subject property, which was supposed to be located
on Lot No. 2, Block No. 2.

9. On 7 March 2016, plaintiff engaged the services of Engr.

Asura, who conducted a verification survey on the subject property12
and prepared a Survey Report dated 9 March 2016,13 which stated,
among others, that “the existing concrete house was constructed in the
wrong place, it should be in Lot 2, Block-2 not Lot 1, Block-2.”

7 A copy of the Verification Survey dated 7 March 2016 is attached and will be marked as
Exhibit “G” hereof.
8 “Judicial Affidavit of Plaintiff Juan Dela Cruz” dated 1 May 2020, a copy of which is

attached and will be marked as Exhibit “P.”

9 A copy of the Letter dated 8 December 2014 is attached and will be marked as Exhibit

“H” hereof
10 Exhibit “H” hereof.

11 A copy of the Memorandum dated 7 May 2015, consisting of two (2) pages, is attached

and will be marked as Exhibit “I” hereof.

12 Exhibit “G” hereof.

13 A copy of the Survey Report dated 9 March 2016 is attached and will be marked as

Exhibit “J” hereof.

 4

10. Plaintiff, through counsel, sent a demand letter dated 7

November 2016 to defendant,14 which the latter personally received on
9 November 2016, and demanded defendant to pay, within ten (10)
days from notice: (a) the present market value of the subject property;
and (b) the amount of Php5,000,000.00 to compensate plaintiff for the
prolonged deprivation of the enjoyment of his property.

11. On 17 November 2016, plaintiff received a letter dated 15

November 2016 from defendant,15 informing him that defendant (i)
had been coordinating with XYZ Realty regarding the matter; and (ii)
was still waiting for the result of the survey report. Defendant also said
that he was planning to have his lot surveyed by an independent
surveyor.

12. In his letter dated 5 December 2016, 16 plaintiff gave

defendant a period of thirty (30) days from notice to secure the results
of his surveys, the expenses thereof should all be for his account.
Plaintiff also asked defendant to inform him at least seven (7) days
before the conduct of the survey in order for his own surveyor to
attend and participate therein.

13. On 15 February 2017, plaintiff’s counsel, defendant and

XYZ Realty’s Atty. Natividad Turingan began negotiations for an
amicable settlement. Since the parties could not reach an acceptable
solution, plaintiff, through counsel, sent his final demand letter dated
2 November 201717 to defendant.

14. However, defendant ignored plaintiff’s demand letter. To

date, defendant continues to unlawfully possess the subject property,
to the damage and prejudice of plaintiff.

14 A copy of the letter dated 7 November 2016 is attached and will be marked as Exhibit
“K” hereof.
15 A copy of the Letter dated 15 November 2016 is attached and will be marked as Exhibit

“L” hereof.
16 A copy of the Letter dated 5 December 2016 is attached and will be marked as Exhibit

“M” hereof.
17 A copy of the Letter dated 2 November 2017 is attached and will be marked as Exhibit

“N” hereof.
 5

[THE BODY: HEADINGS]

RULE 7, SECTION 2(B)

First Cause of Action:

Recovery of Possession

15. Article 428 of the Civil Code provides:

The owner has the right to enjoy and dispose of a thing,

without other limitations than those established by law.

The owner has also a right of action against the holder and
possessor of the thing in order to recover it.18

16. Undeniably, plaintiff is the owner of the subject property

as shown by TCT No. T-678910 registered under his name. As
mentioned, plaintiff’s ownership is further supported by the following
survey plans:

(a) the Consolidation and Subdivision Plan of the

Subdivision (Psu-1623722, Psu-171743 and Lot I, Psu-
160836Amd), as approved by the DENR, Land Management
Sector on 12 March 1990;19 and

(b) the Verification Survey Plan dated 7 March 2016

conducted by Engr. Asura.20

17. It cannot be denied that plaintiff was deprived possession

of the subject property when defendant illegally constructed a house
thereon, without plaintiff’s knowledge or consent.21 As the owner of
the subject property, plaintiff has the right to recover its possession
against persons who unlawfully possess it.

18 Emphasis supplied.
19 Exhibits “F” and “F-1” hereof.
20 Exhibit “G” hereof.

21 “Judicial Affidavit of Plaintiff Juan C. Dela Cruz” dated 1 May 2020, a copy of which is

attached and will be marked as Exhibit “P” hereof.

 6

18. Having established the identity and his ownership of the

subject property, and defendant’s unlawful possession thereof,
plaintiff is clearly entitled to recover possession of the subject property
through an accion publiciana.22

[THE BODY: HEADINGS]

RULE 7, SECTION 2(B)

Second Cause of Action: Damages

19. Article 2200 of the Civil Code states:

Indemnification for damages shall comprehend not only the

value of the loss suffered, but also that of the profits which the
obligee failed to obtain.

20. Articles 2217 and 2229 of the Civil Code likewise

respectively provide:

Moral damages include physical suffering, mental anguish,

fright, serious anxiety, besmirched reputation, wounded feelings,
moral shock, social humiliation, and similar injury. Though
incapable of pecuniary computation, moral damages may be
recovered if they are the proximate result of the defendant's
wrongful act for omission.

Exemplary or corrective damages are imposed, by way of

example or correction for the public good, in addition to the moral,
temperate, liquidated or compensatory damages.

21. As above discussed, defendant illegally constructed his

house on the subject property. Defendant’s failure to immediately
return possession thereof to plaintiff upon being informed of his illegal
acts unjustly deprived plaintiff of his right to enjoyment and
possession of the subject property.

22Accion publiciana is the plenary action to recover the right of possession which should be
brought in the proper regional trial court when dispossession has lasted for more than
one year. It is an ordinary civil proceeding to determine the better right of possession of
realty independently of title. [Spouses Valdez v. Court of Appeals, G.R. No. 132424, 2 May
2006]
 7

22. Thus, defendant should be held liable to pay plaintiff

damages of at least Php50,000.00 per month as fair rental, beginning
from the discovery of defendant’s unlawful possession of the subject
property in December 2014 until he vacates the subject property.23 To
date, defendant is already liable to plaintiff for fair rent amounting to
not less than Php3,250,000.00.

23. Defendant should also be held liable for moral damages24

of at least Php500,000.00, as defendant, despite notice as early as 2016,
has unjustly and unlawfully ignored plaintiff’s demand to vacate the
subject property and continues to deprive plaintiff of his property,
causing the latter mental anguish, serious anxiety, wounded feelings
and social humiliation.

24. To serve as an example or correction for the public good,

defendant should also be held liable to pay plaintiff not less than
Php500,000.00 as exemplary damages,25 for acting in bad faith and
maliciously depriving plaintiff of his rights over the subject property.

25. Due to defendant’s wrongful actions and continuous

refusal to return possession of the subject property to plaintiff, the
latter were compelled to engage the services of undersigned counsel
to protect and enforce his rights and interest. Consequently, plaintiff
expects to incur at least Php500,000.00 as attorney’s fees26 and litigation
expenses.27

23 https://www.lamudi.com.ph/for-rent-cittadella-executive-village-las-pinas.html and
https://www.zipmatch.com/listings/house-and-lot-for-rent-at-cittadella-executive-
village-las-pinas-city-in-las-pinas-city-97005, both accessed on 26 June 2019, show that
similar houses in the subdivision are being rented out at Php45,000.00 to Php50,000.00 a
month. Printed copies of said websites are attached and will be marked as Exhibits “Q”
and “Q-1” hereof.
24 Article 2217 of the Civil Code.

25 Article 2229 of the Civil Code.

26 Copies of Statement of Account No. 5678, Official Receipt Nos. 01231, 01232 and 01233,

and Acknowledgment Receipt No. 022345 issued by undersigned counsel are attached
and will be marked as Exhibits “P” to “P-3” and “Q”, respectively.
27 Copies of the Official Receipt Nos. 07654 and 07655 issued by this Honorable Court’s

Office of the Clerk of Court are attached and will be marked as Exhibits “R” to “R-1”,
respectively.
 8

[NAMES OF WITNESSES]
[SUMMARY OF WITNESSES’ INTENTED TESTIMONIES]
RULE 7, SECTIONS 6(A) and 6(B)

Witnesses

To prove his claims and his causes of action, plaintiff intends to

present the following witnesses:

26. Plaintiff himself will testify, among others, that: (a) he is

the actual and lawful owner of the subject property; (b) on 16 May 1995
he purchased the subject property from XYZ Realty, Inc.; (c) the title to
the subject property was subsequently registered in his name; (d) in
December 2014, he discovered that defendant constructed a house on
the subject property without his knowledge and consent; (e) he
informed defendant of his illegal act and demanded him to vacate the
property; and (f) because defendant refused to heed to his just
demands, he engaged the services of counsel to file this Complaint. He
will also identify and authenticate relevant documents.

27. Witness Manuelito O. Jara (“Mr. Jara”) of the Registry of

Deeds, Makati City, will testify, among others, that: (a) he is the
Records Officer III of the Registry of Deeds, Makati City; (b) he is the
official custodian of documents in his office, which includes TCT No.
T-678910, and its supporting documents; and (c) TCT No. T-678910 is
duly registered under plaintiff’s name. He will identify and
authenticate the relevant documents in his custody.

28. Witness Engr. Kimberly S. Atienza (“Engr. Atienza”) of the

DENR, will testify, among others, that: (a) he is the officer-in-charge of
the Land Management Sector of the DENR-National Capital Region;
(b) he is the official custodian of documents in his office, which
includes the Consolidation and Subdivision Plan of the Subdivision
(Psu-1623722, Psu-171743 and Lot I, Psu-160836Amd), as approved by
the DENR, Land Management Sector on 12 March 1974, and its
supporting documents; and (c) plaintiff is the actual and registered
owner of the subject property. She will identify and authenticate the
relevant documents in her custody.
 9

29. Witness Engr. Asura will testify, among others, that: (a) he
is a geodetic engineer; (b) conducted a verification survey on the
subject property; (c) prepared the Survey Report dated 9 March 2016,
which stated, among others, that “the existing concrete house was
constructed in the wrong place, it should be in Lot 2, Block-2 not Lot
1, Block-2.”; and (d) defendant wrongly constructed his house over
plaintiff’s subject property based on the metes and bounds indicated
in TCT No. T-678910 and the Consolidation and Subdivision Plan. He
will likewise identify and authenticate relevant documents.

30. Arnie J. Digol (“Ms. Digol”) will testify, among others,

that: (a) she is the Accounting Clerk of Esguerra & Blanco Law Offices
(the “Firm”); (b) plaintiff engaged the services of the Firm in this case;
and (c) plaintiff has incurred legal fees in the amount of Php300,000.00
to date, and will continue to incur legal fees as this case progresses.
She will also identify and authenticate relevant documents.

The respective judicial affidavits of the foregoing witnesses are

attached herewith and will be marked as Exhibits “S”, “T”, “U”, “V”
and “W,” respectively.

[DOCUMENTARY AND OBJECT EVIDENCE]

RULE 7, SECTION 6(C)

Documentary and Object Evidence

To prove his claims and causes of action, plaintiff also intends to

present the following pieces of evidence:

Exhibit Description
“A” Deed of Absolute Sale dated 16 May 1995
“B” TCT No. T-12345
“C” Tax Declaration No. 111213
“C-1” BIR Zonal Valuation
“D” Certificate Authorizing Registration No.
141516 dated 19 May 1995.
“E” TCT No. T-678910
 10

Exhibit Description
“F” and Consolidation and Subdivision Plan of the
“F-1” Subdivision, consisting of two (2) sheets
“G” Verification Survey Plan dated 7 March 2016
“H” Letter dated 8 December 2014
“I” Memorandum dated 7 May 2015
“J” Survey Report dated 9 March 2016
“K” Letter dated 7 November 2016
“L” Letter dated 15 November 2016
“M” Letter dated 5 December 2016
“N” Letter dated 2 November 2017
“O” and Printouts of https://www.lamudi.com.ph/for-
“O-1” rent-cittadella-executive-village-las-
pinas.html and
https://www.zipmatch.com/listings/house-
and-lot-for-rent-at-cittadella-executive-
village-las-pinas-city-in-las-pinas-city-97005,
both accessed on 26 June 2019.
“P” to Statement of Account No. 5678, and Official
“P-3” Receipt Nos. 01231, 01232 and 01233
“Q” Acknowledgment Receipt No. 022345
“R” and Official Receipt Nos. 07654 and 07655
“R-1”
“S” “Judicial Affidavit of Plaintiff Juan C. Dela
Cruz” dated 1 May 2020
“T” “Judicial Affidavit of Witness Manuelito O.
Jara” dated 2 May 2020
“U” “Judicial Affidavit of Witness Engr. Kimberly
S. Atienza” dated 3 May 2020
“V” “Judicial Affidavit of Witness Engr. Jonas B.
Asura” dated 4 May 2020
“W” “Judicial Affidavit of Arnie J. Digol” dated 5
May 2020
 11

[THE BODY: RELIEF]

RULE 7, SECTION 2(C)

RELIEF

WHEREFORE, plaintiff JUAN C. DELA CRUZ respectfully

prays that this Honorable Court render judgment:

(a) directing defendant to vacate the parcel of land located in

Brgy. Bangkal, Makati City covered by TCT No. T-678910, demolish
and clear the house and any improvement constructed thereon at his
own expense, and immediately turn over possession thereof to
plaintiff;

(b) ordering defendant to pay plaintiff the following:

i. actual damages in the form of reasonable rental payments

of Php50,000.00 per month beginning December 2014,
amounting already to Php3,250,000.00 as of May 2020, for
the use and occupation of the subject property, until he
vacates the same;

ii. at least Php500,000.00 as moral damages;

iii. not less than Php500,000.00 as exemplary damages; and

iv. at least Php500,000.00 as attorney’s fees and litigation

expenses.

Other reliefs, just or equitable under the premises, are likewise

prayed for.

[THE BODY: DATE]

RULE 7, SECTION 2(D)

Makati City, 10 May 2020.

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[SIGNATURE AND ADDRESS]

RULE 7, SECTION 3

ESGUERRA & BLANCO

Counsel for Plaintiff
4th & 5th Floors, S&L Building
Dela Rosa corner Esteban Streets
Legaspi Village, Makati City 1229
Telephone (632) 8840-3413 to 15
Fax (632) 8813-8185
E-mail: bleslaw@bleslaw.com

By:

REODY ANTHONY M. BALISI

Roll of Attorneys No. 59672
PTR No. 8116736/1-2-20/Makati City
IBP No. 100608/1-2-20/Quezon City
MCLE Compliance No. VI-0026849-5/17/19

ALEX FRANCIS VER R. LOPEZ

Roll of Attorneys No. 61502
PTR No. 8116737/01-02-20/Makati City
IBP No. 100611/01-02-20/Quezon City
MCLE Compliance No. VI-0024429-4/17/19
 13

[VERIFICATION]
RULE 7, SECTION 4
[CERTIFICATE OF NON-FORUM SHOPPING]
RULE 7, SECTION 5

VERIFICATION AND
CERTIFICATION OF NON-FORUM SHOPPING

I, JUAN C. DELA CRUZ, of legal age, with address at 1234 XYZ

St., Magallanes Village, Makati City, under oath, state that:

1. I am the plaintiff in this case;

2. I caused the preparation of the foregoing Complaint, and

have read the contents thereof, all of which are true and correct, based
on my own personal knowledge or on authentic documents. The
factual allegations therein have evidentiary support, or if so
specifically identified, will likewise have evidentiary support after a
reasonable opportunity for discovery.

3. The Complaint is not filed to harass, cause unnecessary

delay or needlessly increase the cost of litigation.

4. I hereby certify that: (a) I have not commenced any action

or filed any other petition or complaint, except for herein Complaint,
involving the subject matter or issues in any court, tribunal, or agency;
and (b) if I hereafter learn that a similar action or proceeding has been
filed or is pending before the Supreme Court, the Court of Appeals, or
any other tribunal or agency, I undertake, on behalf of the petitioner,
to report this fact to this Honorable Court within five (5) calendar days
therefrom.

JUAN C. DELA CRUZ

Affiant

REPUBLIC OF THE PHILPPINES)

MAKATI CITY, METRO MANILA )S.S.
 14

SUBSCRIBED AND SWORN to before me this ___ day of May

2020 in Makati City, affiant who is personally known to me and/or has
satisfactorily proven her identity through competent evidence,
exhibiting to me his Driver’s License No. D12-85-12345 issued by the
Land Transportation Office (LTO) Makati City, and valid until 1
January 2023.

Doc. No. _____;

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