REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 216, Quezon City

ERIDANUS DEVELOPMENT INC.,

Represented by TEODORA ESGUERRA,
Plaintiff,

-versus- Civil Case No. Q04-53406

FOR: “ACTION REINVIDICATORIA”
RECOVERY OF POSSESSION
WITH DAMAGES.
COASTEL CABLE CORPORATION
Represented by MARILOU VIGAMORA,
Defendant.
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AMENDED COMPLAINT

COMES NOW, Plaintiff ERIDANUS DEVELOPMENT INC., through the

undersigned counsel unto this Honorable Court most respectfully avers that:

PARTIES

1. Plaintiff Eridanus Development Inc. is a corporation organized and existing under

and by virtue of the laws of the Republic of the Philippines represented by Teodora
Esguerra with office address at 6th Floor, Madrigal Condominium Corporation I Building,
286 Escolta, Manila. Copy of the secretary certificate is hereto attached as Annex “A”
and made an integral part hereof;

2. Defendant Coastel Cable Corporation is a corporation organized and

existing under and by virtue of the laws of the Republic of the Philippines
represented by Marilou Vigamora with office address at No. 42-B Big
Horseshoe Drive, Horseshoe Village, Santolan, Barangay Valencia, Quezon
City, where she may be served with summons and other court processes;

SUBJECT MATTER

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 3. The subject matter of the complaint is the continued possession and/or
occupation of defendant Coastel Cable Corporation over a certain portion of the
property of plaintiff corporation covered by Transfer Certificate of Title No. 38481
(358136) of the Registry of Deeds of Quezon City and more particularly described as
follows to wit:

TRANSFER CERTIFICATE OF TITLE

No. RT- 38481 (358136)

A parcel of land ( Lot 3 of the cons. subd. plan (LRC)

Psd- 33533 approved as a non- subd. project, being a
portion of Lot 27- C, Psd- 13458, LRC Rec. No. 917),
situated in the Bo. of Ermintano, Mun. of (San Felipe Neri),
Quezon City, Island of Luzon. Bounded on the NE., pts. 4 to
5 by Compania Agricola da Ultramar; on the SE., pts. 5 to 1
by Lot 4; on the SW., pts. 1 to 3 by Lot 8 (Road); and on
the NW., pts. 3 to 4 by Lot 2, all of the subd. plan, being S.
68 deg. 57’ W., 42.31 m. from BLLM 1, Mun. of Marikina;
thence N. 21 deg. 57’ W., 42.31 m. N. 36 deg. 41’E., 52.36
m. to pt. 4; thence S. 21 deg. 56.55’ E., 78.36 m. to pt. 5;
thence S. 71 deg. 22’ W., 43. 85 m. to pt. of the beginning;
containing an area of TWO THOUSAND SEVEN
HUNDRED NINETY FOUR ( 2,794) SQ. METERS.

CAUSE OF ACTION

4. Plaintiff ERIDANUS DEVELOPMENT CORPORATION is the legitimate registered

owner of the above-described property covered by Transfer Certificate of Title No.
38481 (358136) of the Registry of Deeds of Quezon City. Copy of which is hereto
attached as Annex “B”;

5. As a legitimate owner, plaintiff is faithfully paying the real property tax over the
subject property. Copy of the official receipts as well as the Tax Declaration is hereto
attached as Annex “C” and “D” respectively;

6. Sometime in 1996, Plaintiff filed a complaint before the Metropolitan Trial Court
of Quezon City a case of unlawful detainer (ejectment) against ninety (90) illegal
occupants who at that time possessed a portion of the property of Plaintiff Corporation;

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 7. On January 17, 1997, a decision was rendered by Metropolitan Trial Court,
Branch 35 of Quezon City ordering defendants and all persons claiming rights under
them to vacate the portion of the subject properties occupied by them. Copy of the
decision is hereto attached as Annex “E”;

8. After the subject properties were vacated through a writ of demolition ordered
by the court, Plaintiff corporation have the same inspected and caused the same to be
relocated for development purposes considering that plaintiff corporation is engaged in
realty development business;

9. Thereafter, Plaintiff Corporation secured the services of a Geodetic Engineer to

determine the exact metes and bounds of their properties as indicated in the technical
description of the title;

10. On November 27 & December 7, 2003, Geodetic Engineer Ricardo N. DeLa Cruz
relocated the properties of Madrigal group of companies located in Barangay Valencia,
Santolan, Quezon City and one of which is the property of plaintiff corporation. He
found out that a portion of Lot 3, which is covered by TCT No. 38481 (358136) under
the name of Plaintiff Corporation, was partly possessed and/or being occupied by
defendant Coastel Cable Corporation. The area encroached by defendant is more or less
forty seven (47) square meters with an appraised value of twenty eight thousand pesos
(P28,000.00) per square as appraised by Cuervo Appraisers Incorporated. The findings
of Geodetic Engineer Ricardo N. Dela Cruz indicated in the relocation plan was duly
approved by the Chief of Regional Survey Division and Regional Technical Director for
Lands by the National Capital Region (NCR) Department of Environment and Natural
Resources Quezon City. Copy of the Geodetic Engineer (GE) Report, Cuervo appraisal
and relocation plan no. 00-001110 signed by Geodetic Engineer Ricardo N. Dela Cruz
duly approved by the officers of Department of Environment and Natural Resources are
hereto attached as Annex “F”, “G” and “H” respectively;

11. Plaintiff Corporation learned the encroachment made by defendant over their
property only on February 10, 2004 upon the findings of relocation conducted by
Geodetic Engineer Ricardo N. Dela Cruz duly approved and verified by the officers of
Department of Environment and Natural Resources that a portion of Lot No. 3 was
being partly possessed and/or occupied by defendant;

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 12. That despite written demand made by Plaintiff Corporation to vacate and
demolish whatever improvements introduced thereto, defendant still failed and/or
refused and continue to fail and refuse to vacate and demolish the improvements
thereon. Copy of the Demand letter is hereto attached as Annex “I”;

13. Due to bad faith, malicious and blatant encroachment made by defendant,
Plaintiff Corporation was constrained to institute the instant suit and engaged the
services of the counsel in the amount of THREE HUNDRED THOUSAND PESOS
(P300,000.00) as and of Attorneys fee and THREE THOUSAND PESOS (P3,000.00) per
hearing as and for appearance fee of counsel.

PRAYER

WHEREFORE, in view of the foregoing, it is most respectfully prayed for unto

this Honorable Court that after due notice and hearing, judgment be rendered ordering:

(a.) Defendant and all persons claiming rights over the subject property to
vacate and demolish all the structures and improvements introduced thereto;

(b.) To pay Plaintiff Corporation THREE HUNDRED THOUSAND PESOS

(P=300,000.00) as Attorney’s Fee and THREE THOUSAND PESOS (P3,000.00) per
hearing as and for appearance fee of counsel;

(c.) To pay the cost of the suit;

Other reliefs just and equitable are likewise prayed for under the premises.

October 20, 2004, Quezon City for Makati City.

VALDEZ MAULIT & ASSOCIATES

4th Floor, DU-VAL Building.
669 Aurora Blvd., Quezon City

By:

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 MAMYRLITO D. TAN
PTR No. 0060468/1-21-04/C.C.
IBP No. 594467/1-21-04/C.C.
Roll No. 46411

VERIFICATION/CERTIFICATION

I, TEODORA ESGUERRA, of legal age, Filipino with office address at 7 th Floor,

Vicente Madrigal Building, 6793 Ayala Avenue, Makati City after having been duly sworn
to pursuant to law depose and state that:

That I am the Authorized Representative of the Plaintiff Corporation in the above

entitled case;
That I have caused the preparation of the foregoing amended complaint;
That I have read the same and that the contents thereon are true and correct
based on my own personal knowledge and belief and based on the facts on record;

I hereby certify that I have not commenced any other action or proceeding
involving the same issues in the Supreme Court, Court of Appeals or any other tribunal
or agency and to the best of my knowledge no such action is pending in said courts or
agency and if thereafter I will learn of such similar action I undertake to report that fact
within five (5) days there from to the court or agency which the original pleading
contemplated has been filed.

TEODORA ESGUERRA
CTC No. 2099345
Issued at Pasay City
On February 20, 2004

SUBSCRIBED AND SWORN to before me, a Notary Public for and in

Quezon City this _____day of _____ 2004.

Doc No._____;
Page No._____; NOTARY PUBLIC
Book No. _____;
Series of 2004

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