REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 215, Quezon City

PRIMERA MARY ANN CORPORATION,

Represented by TEODORA ESGUERRA,
Plaintiff,

-versus- Civil Case No. Q04-53405

FOR: “ACTION REINVIDICATORIA”
RECOVERY OF POSSESSION
WITH DAMAGES.

JAMES VELOSO, FELIPE CATANGE,

HEIRS OF ARTEMIO
& NEREA R. JONGCO represented by
ERMELINDA MANALOTO,
Defendants.
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AMENDED COMPLAINT

COMES NOW, Plaintiff PRIMERA MARY ANN CORPORATION, through the

undersigned counsel unto this Honorable Court most respectfully avers that:

I. PARTIES

1. Plaintiff PRIMERA MARY ANN CORPORATION is a corporation organized and

existing under and by virtue of the laws of the Republic of the Philippines represented
Teodora Esguerra with office address at 7 th Floor, Vicente Madrigal Building, 6793 Ayala
Avenue, Makati City. Copy of the secretary certificate is hereto attached as Annex “A”
and made an integral part hereof;

2. Defendant JAMES VELOSO is of legal age, Filipino and a resident of 42

Big Horseshoe Drive, Horseshoe Village, Santolan, Barangay Valencia,
Quezon City, where he may be served with summons and other court
processes;

3. Defendant FELIPE CATANGE of legal age, Filipino and a resident of No.

42-A, Big Horseshoe Drive, Horseshoe Village, Santolan, Barangay Valencia,

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Quezon City, where he may be served with summons and other court
processes;

4. Defendants HEIRS OF ARTEMIO & NERIA R. JONGCO are all of legal

age, Filipino represented by ERMELINDA MANALOTO of legal age, Filipino and
a resident of No. 9 Katarungan St., Plainview, Mandaluyong City, where she
may be served with summons and other court processes;

II. SUBJECT MATTER

4. The subject matter of the complaint is the continued possession and/or

occupation of defendant James Veloso and Felipe Catange as lessees of the house
owned by the Heirs of Artemio & Neria R. Jongco represented by its administratrix
Ermelinda Manaloto over a certain portion of the property of plaintiff corporation
covered by Transfer Certificate of Title No. 68566 (358138) of the Registry of Deeds of
Quezon City and more particularly described as follows to wit:

TRANSFER CERTIFICATE OF TITLE

No. RT-68566 (358138)

A parcel of land (Lot 2 of the subd. plan (LRC) Psd-

335633, approved as a non-subd. project, being a portion of
the Lot 27-C, Psd-13458, LRC Rec. No. 917) situated in
the , of Ermitano, Mun. of (San Felipe Neri) Quezon City,
Island of Luzon. Bounded on the NW., and NE., pts. 2 to 4
by Lot 27-B, Psd- 13458; pts. of Manuel L. Quezon; on the
SE., points 4 to 5 by Lot 3; on the SW., and S.. pts. 5 to 8
and 8 to 1 by Lot 8 (Road) and on the NW., pts. 1 to 2 by
Lot 1, all of the sudbn. Plan. Beginning at a point marke “1”
on plan, being S, 68 deg. 43’ W., 6432.25 m. from BLLM 1,
Mun. of Marikina; thence N. 9 deg. 19’ E., 47.77 m. to pt. 2;
thence N. 80 deg. 58’ E., 29.58 m. to point thence S. 66
deg. 24’E., 40.40 m. to point 4; thence S. 36 deg. 41’ W.,
52.36 m. to point 6; thence N. 42 deg. 04’ W., 5.39 m. to
point 6; thence W., 65 deg. 18’W., 5.81 m. to point 7;
thence N. 86 deg. 04’ W., 7.15 m. to point 8; thence S. 88
deg. 27’ W., 26.76 m. to point of beginning; containing an
area of TWO THOUSAND SEVEN HUNDRED NINETY
FOUR (2,794) SQUARE METERS.

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 5. Plaintiff PRIMERA MARY ANN CORPORATION is the legitimate registered owner
of the above-described property covered by Transfer Certificate of Title No. 65866
(358138) of the Registry of Deeds of Quezon City. Copy of which is hereto attached as
Annex “B”;

6. 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 are hereto
attached as Annex “C” and “D” respectively;

7. Sometime 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 were at that time possessed a portion of the property of plaintiff
corporation through stealth and strategy;

8. 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”;

9. 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
surveyed or relocated for development purposes considering that plaintiff corporation is
engaged in realty development business;

10.Thereafter, Plaintiff Corporation secured the services of a surveyor to determine

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

11.On November 27 & December 7, 2003, Geodetic Engineer Ricardo N. Dela Cruz
surveyed 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 2, which is covered by TCT No. 65866 (358138) under
the name of Plaintiff Corporation, was possessed and/or being occupied by defendant
James Veloso and Felipe Catange as lessees of the house owned by the Heirs of
Artemio & Neria R. Jongco. The area encroached by defendants is more or less six

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hundred eighty five square meters (685) 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;

12. Plaintiff Corporation learned the encroachment made by defendants 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. 2 was
being possessed and/or occupied by defendants;

13.That despite written demand made by Plaintiff Corporation to vacate and

demolish whatever improvements introduced thereto, defendants 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” and “J”
respectively;

14.Due to bad faith, malicious and blatant encroachment made by defendants,

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.) Defendants and all persons claiming right under them to vacate the
portion of Lot 2 covered by Transfer Certificate of Title no. 68566

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 (358138) under the name of Plaintiff Corporation which they possessed
and to demolish all the structures and improvements introduced thereto;
(b.) To pay Plaintiff Corporation the amount of THREE HUNDRED THOUSAND
PESOS (P300,000.00) as Attorneys 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:

ATTY. MAMYRLITO D. TAN

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

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 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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