Republic of the Philippines

Fourth Judicial Region

REGIONAL TRIAL COURT
BRANCH _____
Santa Cruz, Laguna

ANSELMO P COMBES

Plaintiff/s,
CIVIL CASE NO. ___________

- versus – For: SPECIFIC PERFORMANCE and

DAMAGES
EUFRONIO SOLLEZA

Defendant/s.
X - - -- - - - - - - - - - - - - - - - - - - - X

COMPLAINT

PLAINTIFF, assisted by the PUBLIC ATTORNEY’S OFFICE, unto this

Honorable Court, most respectfully avers THAT:

1. Plaintiff ANSELMO COMBES, of legal age Filipino citizen, and a resident

of Sitio Lunao, San Antonio, Kalayyaan, Laguna.

2. Plaintiffs is a marginalized member of our society supported by the

Certificate of Indigency issued in their respective names by Barangay San
Antonio, Kalayaan, Laguna.

Certificate of Indigency is hereby attached as Annex “__”

3. Defendant is of legal age, Filipino citizen, and resident of Sitio Lunao,

Barangay San Antonio, Kalayaan, Laguna, where they may be served with
summons and court process;

4. Defendant previously own a parcel of land covering Lot No.3519;

5. On August 2, 2005, the plaintiff entered in a contract of sale with the

defendant buying a 10x10 square meter parcel of land which is part of Lot No.
3519 located at Sitio Lunao Barangay San Antonio, Kalayaan, Laguna before the
Punong Barangay of Barangay San Antonio, Kalayaan Laguna.

Attached is the Deed of Sale (Kasulatang Bilihan ng lupa executed by the defendants
with Anselmo Combes (Annex “_”);

6. Likewise, defendant also executed several Deed of Sale over the adjacent
lots to different persons having similar tenor as herein plaintiff at the same time.

Attached is the Deed of Sale (Kasulatang Bilihan ng Lupa) executed by the defendant
with Edgardo Pasion (Annex “_”); Nemensio Paran (Annex “_”); Nerio Paran (Annex
“_”); Eduardo Pasion (Annex “_”); Edgardo and Jenelyn Pasion (Annex “F”)

1
 7. After said transaction, plaintiff herein occupied, used, and cultivated said
parcel of land up to present;

8. Sometime in ______, defendant started to develop the adjacent portion

of land forming part of Lot 3519 as road, and thus effectively encroaching _____
portion of the property bought by the plaintiffs.

9. Plaintiff raised said issue to the Barangay San Antonio, Kalayaan, Laguna,
wherein defendants claimed that the agreement in 2005 was just a temporary
agreement to effect that it does not divest the defendant the true and legal
ownership of said portions of land to the damage and prejudice of herein
plaintiffs

10. Said barangay conciliation/ mediation proceeding failed due to blatant

refusal of the defendants to recognize the said deed of sale, a certificate to file
action (Katibayan upang Makadulog sa Hukuman) and Sertipikasyon (herein
attached as Annexes “__” and “__” respectively) was issued by Barangay San
Antonio, Kalayaan, Laguna on November 19, 2022.

11. Plaintiff sought the assistance of the Public Attorney’s Office so that the
issue can be address without ever needing to file the same before the courts.
However, the same proved futile, thus, the present action.

FIRST CAUSE OF ACTION

12. Plaintiff repleads all the foregoing allegations;

13. Every obligation arising from contracts have the force of law between the
contracting parties and should be complied with in good faith. 1

14. In this case there is clearly a contract between the plaintiff and the
defendant for the sale of a portion of land which was reduced to writing
(previously marked as Annex “__”).

15. Defendant/s wishes to evade his obligation on said contract claiming it is

merely temporary in nature. In fact, he expressly told so during the barangay
proceedings. However, upon perusal of said contract, there is no showing that the
contract is temporary in nature.

16. The rule in our jurisdiction is that if the terms of a contract is plain and
unambiguous, its meaning should be determined without reference to extrinsic
facts or aids. The intention of the parties must be gathered from that language
and from that language alone. Stated differently, where the language of a written
contract is clear and unambiguous, the contract must be taken to mean that
which, on its face, it purports to mean, unless some good reason can be assigned
to show that the words should be understood in a different sense. 2

17. In this case, it is clear that the plaintiff has a right based on the existing
perfected contract of sale3 considering that defendant caused the preparation of

1
Art. 1159, The New Civil Code of the Philippines (herein referred to as Civil Code)
2
Norton Resources and Development Corporation vs All Asia Bank Corporation, G.R. No. 162523,
November 25, 2009
3
The elements of a contract of sale are: (a) consent or meeting of the minds, that is, consent to transfer
ownership in exchange for the price; (b) determinate subject matter; and (c) price certain in money or its
equivalent (Ali Akang vs.Municipality of Isulan, Sultan Kudarat Province, G.R. No. 186014, June 26,

2
the Deed of Sale before the Punong Barangay of San Antonio Kalayaan, Laguna,
and before the same authority, he clearly and unequivocally gave his consent in
selling the subject property. Likewise, the subject matter of said sale is
determinate, or at the very least, determinable, as it is clear from the wordings of
the said contract that the land which was sold was one hundred square meter
which is described as 10x10 sq. m. portion of lot _______ owned by the
defendant for the amount of ___________. Fulfilling the elements of a contract
of sale, the same must be complied with in good faith by the parties of the
contract.

18. Considering the vehement denial and outright refusal of the defendant to
perform the obligation required of him, i.e., to give the 10x10 sq. m. parcel of land
plaintiff bought, herein plaintiff is constrained to file the instant case against the
defendant;

19. In this regard, it is on the ground of Article 1357 of the Civil Code that the
plaintiff based his cause of action, to wit:

If the law requires a document or other special form, as in the acts and
contracts enumerated in the following article, the contracting parties may
compel each other to observe that form, once the contract has been perfected.
This right may be exercised simultaneously with the action upon the contract.

20. In connection with the above-mentioned right, the law requires that a sale
involving real property must be in a public document, to wit:

The following must appear in a public document:

(1) Acts and contracts which have for their object the creation, transmission,
modification or extinguishment of real rights over immovable property; sales of real
property or of an interest therein are governed by articles 1403, No. 2, and 1405;

(2) The cession, repudiation or renunciation of hereditary rights or of those of the

conjugal partnership of gains;

(3) The power to administer property, or any other power which has for its object an
act appearing or which should appear in a public document, or should prejudice a
third person;

(4) The cession of actions or rights proceeding from an act appearing in a public
document.

All other contracts where the amount involved exceeds five hundred pesos must
appear in writing, even a private one. But sales of goods, chattels or things in action
are governed by articles, 1403, No. 2 and 1405. (1280a)

21.

SECOND CAUSE OF ACTION

22. Plaintiff repleads all the foregoing allegations; (ART. 2217)

23. On account of the blatant and wanton refusal of herein defendants to

perform his obligation based on contracts and recognize the legal title of the
plaintiffs, plaintiff suffered serious anxiety fearing that he cannot utilize the
subject property because he is being prevented to by herein defendant to
peacefully enjoy and utilize the subject property. Plaintiff/s are entitled to moral

2013)

3
damages amounting to ONE HUNDRED THOUSAND PESOS
(P100,000.00)

THIRD CAUSE OF ACTION

24. Plaintiff repleads all the foregoing allegations; (ART. 2224)

25. Likewise, herein plaintiff/s are entitled to temperate damages considering

that the plaintiffs’ right to enjoy, use, and utilize the subject property, the amount
of the damage suffered by herein plaintiffs cannot be ascertain accurately. Thus,
herein plaintiff/s are praying temperate damages in the amount of FIFTY
THOUSAND PESOS (P50,000.00)

FOURTH CAUSE OF ACTION

26. Plaintiff repleads all the foregoing allegations; (ART. 2229 and 2208)

27. By reason of setting example and to further dissuade defendants in

repeating the same acts being complained of, plaintiff prays that exemplary
damages be awarded in the amount of ONE HUNDRED THOUSAND PESOS
(P100,000.00).

28. Likewise, because of the wanton refusal of the defendants to recognize the
rights of the plaintiff, plaintiff was forced to engage the services of the Public
Attorney’s Office, thus Attorney’s Fees and expenses for litigation are likewise
being prayed for in the amount of FIFTY THOUSAND PESOS (P50,000.00)

POSSIBILITY OF ENTERING AN AMICABLE SETTLEMENT

29. Herein plaintiff expresses his willingness to be subjected in any available

Alternative Dispute Resolution

WITNESSES

NAME PURPOSE
1. ANSELMO COMBES He will testify on and substantiate the
material facts and allegations in his
complaint and in support of his claim.

He will also identify several documents

in support of their allegations in their
Answer
2. BARANGAY CAPTAIN NORMITA She will testify on and substantiate the
ASEDILLO material facts and allegations in the
plaintiff’s complaint.

Likewise, she will testify that on 2005, she

was the incumbent Barangay Secretary of
Barangay San Antonio, Kalayaan, Launa.
As of the filing of this complaint, she is
the Barangay Captain of Barangay San
Antonio, Kalayaan, Laguna.

She will also identify several documents

in support of the plaintiff’s allegations in
his complaint

4
 DOCUMENTARY EXHIBITS

 Kasulatang Bilihan ng Lupa (previously marked as Annex “__”)

 Judicial Affidavit of Anselmo Combes (previously marked as Annex
“__”)
 Judicial Affidavit of Normita Asedillo (previously marked as Annex
“__”)
 Katibayan upang makadulog sa Hukuman (previously Marked as
Annex “__”)
 Sertipikasyon galing sa Tangapan ng Punong Barangay ng San
Antonio, Kalayaan, Laguna (previously marked as Annex “__”

PRAYER

WHEREFORE, it is most respectfully prayed unto the Honorable

Court that after due notice and hearing, the following:

1. Declaring the plaintiff Anselmo Combes as the rightful and lawful

owner of the specific portion of Lot No. 3516 which is being occupied
by the plaintiff to the exclusion of the defendant EUFROCINO
SOLEZA.

2. Order the defendant to execute a Deed of Absolute Sale in a Public

Instrument covering the above-mentioned property ;

3. To have the property subdivided and the portions sold transferred in

favor of herein plaintiff at the expense of the seller-defendant
Eufronio Soleza.

4. Have said Deed of Absolute Sale registered in the Registry of Deeds,

and cause the transfer the ownership of title in favor of the plaintiff.

5. Directing the defendant to pay the following expenses:

a. The sum of FIFTY THOUSAND PESOS (P50,000.00) as

Attorney’s Fees paid in favor of the Public Attorney’s Office;
b. The sum of FIFTY THOUSAND PESOS (P50,000.00) as
temperate damages;
c. The sum of ONE HUNDRED THOUSAND PESOS
(P100,000.00) as moral damages and ONE HUNDRED
THOUSAND PESOS (P100,000.00) as exemplary damages
d. Cost of Suit

Plaintiff likewise prays for such other reliefs and remedies which are
deemed just and equitable under the premises.

Santa Cruz, Laguna, _____________.

ANSELMO COMBES
Plaintiff

Assisted by:

PUBLIC ATTORNEY’S OFFICE

Department of Justice
5
 A. Mabini Street, Sta. Cruz Laguna

By:

PAUL CHRISTIAN D GALIZA

Public Attorney I
Roll of Attorney No. 72940
IBP OR No. 199381, January 17, 2022
MCLE VII – 006870, September 29, 2021

Noted by:

MAGI S. MAGANA
Public Attorney III
Sta. Cruz, Laguna
Roll of Attorney No. 43946

6
 VERIFICATION/ CERTIFICATION

I, ANSELMO COMBES, Filipino, of legal age Filipino citizen, and a resident of

Sitio Lunao, San Antonio, Kalayyaan, Laguna, after having been duly sworn to in
accordance with the law do hereby depose and state:

1. That I am plaintiff in this Civil Action and have caused the preparation
of the same;
2. That I have read and understood the allegations therein and found
them to be true and correct based on my own personal knowledge and
based on authentic documents;
3. The pleading is not filed to harass, cause unnecessary delay, or
needlessly increase the cost of litigation;
4. That the factual allegations herein have evidentiary support after a
reasonable opportunity for discovery;
5. That I have not commenced any action or filed any claim involving the
same issues in any other court, tribunal or quasi-judicial agency and, to
the best of my knowledge, no such other action or claim is pending
therein;
6. That if there is such other pending action or claim, a complete
statement of the present status thereof; and
7. That if I should thereafter learn that a same or similar action or claim
has been filed or is pending, I shall report that fact within five (5)
calendar days therefrom to this court.

IN TRUTH WHEREOF, I have hereunto affixed my signature this

___________at Santa Cruz, Laguna.

ANSELMO COMBES
Plaintiff
SUBSCRIBED AND
SWORN TO BEFORE ME this ________at Santa Cruz, Laguna, affiant
exhibiting his ________________as proof of her identity.

Doc. No. PAUL CHRISTIAN D GALIZA

Page No. Public Attorney I
Book No. I Sta. Cruz, Laguna
Series of 2021 Roll of Attorney No. 72940