Republic of the Philippines

Regional Trial Court of Misamis Oriental

10th Judicial Region
Branch 20
Cagayan de Oro City

Heirs of Leon and Trinidad Tapongot Civil Case No. R-CDO-20

Ruiz, namely Carmito Leon B. Tapongot, 00608-CV
Erlinda T. Birondo, Auxilium T. Jalagat,
Elena T. Abrea and Isidro B. Tapongot.
Plaintiffs,

-versus-

For: Recovery of Possession,

Quieting of Title and Damages

Municipality of Villanueva, Misamis Oriental

Represented by Local Chief Executive
Mayor Jennie Rosalie T. Uy and Barangay Katipunan,
Villanueva, Misamis Oriental Represented by the Local
Chief Executive Barangay Captain Julio F. Cabato Jr.
Defendants

x-----------------------------------------------------/
AMENDED COMPLAINT

PLAINTIFFS, through the undersigned counsel, unto this Honorable court

respectfully aver that:

PARTIES

1.) THAT the following plaintiffs, Carmito Leon S. Tapongot, Filipino citizen,
married and a resident of Poblacion 1, Villanueva, Misamis Oriental, Philippines
where he may be served with summons, notices, orders and judgment of the
Honorable Court;

-Elena Tapongot Abrea, Filipino citizen, widow and a resident of Poblacion 1,

Villanueva, Misamis Oriental, Philippines where she may be served with
summons, notices, orders and judgment of the Honorable Court;

-Auxilium T. Jalagat, Filipino citizen, married and a resident of Poblacion 1,

Katipunan, Villanueva, Misamis Philippines, where she may be served with
summons, notices, orders and judgment of the Honorable Court. He is represented
byJeffrey T. Jalagat through a special Power of Attorney. (hereto attached as
Exhibit-A and Exhibit A-1);

Heirs of Tapongot Vs. LGU’s Of Villanueva for: Recovery of Possession/Quieting of title and etc. 1
 -Erlinda Tapongot Birondo, Filipino citizen, married and a resident of Poblacion
2, Villanueva, Misamis Oriental, Philippines where she may be served with
summons, notices, orders and judgment of the Honorable Court;

-Isidro B. Tapongot, Filipino citizen, widower and a resident of Poblacion 2,

Villanueva, Misamis Oriental, Philippines where he may be served with summons,
notices, orders and judgment of the Honorable Court;

2.) THAT the defendants are the Local government of Villanueva, the Municipality of
Villanueva represented by its local chief executive Mayor Jennie Rosalie T.Uy
and Barangay Katipunan of Villanueva represented by its local chief executive
Punong Barangay Julio F. Cabatu Jr. located all at Villanueva Misamis
Oriental where they may be served with summons, notices, orders and judgment of
the Honorable Court.

FACTS

3.) THAT the late parents of the complainant herein bought a parcel of land from the
Chavez, however, the said property was titled under trust in one of the heirs in the
person of Carmito Leon Tapongot, having an area of 8,857 square meters, more or
less thus the samewas given as an advance inheritance to the abovementioned
heirs from their now-deceased parents. (hereto attached the transfer Certificate of
Title, TCT No.T-7584 as Exhibit-B,Exhibit-B-1 to Exhibit B-3);

4.) That the latest tax declaration of said property is having an assessed value as
reflected therein in the amount of Php 102,860.00, One Hundred Two Thousand,
Eight Hundred Sixty Pesos (hereto attached as Exhibit-C)

5.) That the herein plaintiffs have been religiously paying the real property tax on the
abovementioned property. (hereto attached the tax clearance as Exhibit-D)

6.) That both of the parents of the herein complainant’s were already dead in the
person of Leon S. Tapongot who died on March 17, 1980 and the late Trinidad B.
Tapongot (hereto attached the death certificates as Exhibit-E and Exhibit-F,
respectively);

7.) THAT meanwhile the LGU managed to incorporate and build structures on the
said lot such without the consent of the herein plaintiffs nor with their late parents,
structures such as the Villanueva Public Market located at Barangay Katipunan,
Barangay Katipunan Hall/Office, Barangay Clinic, Barangay Katipunan Stage,
Barangay Katipunan Basketball Court, Barangay Katipunan Day Care Center, and
Barangay Katipunan Botica Store. (Hereto attached pictures as Exhibit-G,
Exhibit G-1 to G-2; Exhibit H, H-1 and H-2; Exhibit-I, Exhibit-J, Exhibit-K,
Exhibit-L to L-1 and Exhibit-M)

8.) The heirs then discovered that, there are structures made within the titled lot of the
herein plaintiffs, was without the consent of either of the heirs, nor was their any
agreement coming from their late parents.

Heirs of Tapongot Vs. LGU’s Of Villanueva for: Recovery of Possession/Quieting of title and etc. 2
 9.) That the abovementioned Local Governments had been possessing the said
property for more or less 20 years despite being titled and owned by the herein
plaintiffs.

10. That because of that, the heirs made a demand for the LGU to vacate the said
titled property but such demand just fall on deaf ears and until the present there
has been no correspondence from the LGU. (Hereto attached as Exhibit-N)

First Cause of Action:

Accion Reivindicatoria

11. In this case, the Plaintiff is not just simply wanted to recover possession over
above described property but clearly asserting to vindicate their exclusive and
absolute ownership;

12. It is worthy to note that Defendant’s acts of erecting concrete structures is akin
that of an absolute owner thus prejudicial to that of the Plaintiff, Accion
Reivindicatoria would be the proper remedy;

13. Accion reivindicatoria or accion de reivindicacion is thus an action whereby

plaintiff alleges ownership over a parcel of land and seeks recovery of its full
possession more so that the possession and continued acts of dominion by the
defendants over the above described property is more than 20 years already.

Second Cause of Action:

Quieting of Title

14. The defendant’s acts of dominion over the property involved in this case
impregnate and conceived another action aside from the action to vindicate
ownership and to recover full possession of the subject lot, the Plaintiff also
brings the action for quieting of title as provided for in the Civil Code of the
Philippines and the Rules of Court:

15. The title of the plaintiff over the said property is now indefeasible and was
acquired by them legally and had prior physical possession to that of the
defendants therein;

16. Defendant claims an interest over the same arising from their building structures
to it and as well as exercise control, over the property thereby exercising acts of
dominion and ownership thereby casting cloud, doubt and prejudice to the
Plaintiff’s title;

17. THAT plaintiffs are the owners and possessors of a parcel of land mentioned
above as evidenced by a title, inherited from their late parents, situated in
Barangay Katipunan, Villanueva, Misamis Oriental, thus with the continued
possession of the LGU’s of Villanueva, they are unduly depriving the heirs of
their inheritance as well as the full enjoyment and rights pertaining to said
property.

Heirs of Tapongot Vs. LGU’s Of Villanueva for: Recovery of Possession/Quieting of title and etc. 3
 18. THAT because of this uncertainty and cloud over the herein plaintiff’s title over
the property theyowned, the herein plaintiff is in constant fear as , to introduce
improvements as well as to the use their property as they desire, for fear that the
herein defendant would file a case against them, in fact the die of litigation has
been cast prior this case simply because the cloud being produced by defendant’s
acts of dominion over the property and the concrete structures erected therein
under defendant’s possession which is the source of their rights and assertion over
the property of the herein plaintiff.

Third Cause of Action:

Actual, Moral, and Exemplary Damages
and Attorney’s Fees

18.) Plaintiff was deprived of all the beneficial use of the subject lot from the moment
the Defendants surreptitiously entered thereto. Defendants’ possession and occupation
should be charged with reasonable rental fees in the amount of Five Thousand Pesos
(P5,000.00) per month with legal interests, considering the Defendants would have
unjustly enriched and continuously enrich themselves at the Plaintiff’s expense.
Following the time-honored principle on human relations:

“Every person must, in the exercise of his rights and in the performance of his
duties, act with justice, give everyone his due, and observe honesty and good
faith.” Art. 19 of the Civil Code

Plaintiff likewise claims for any and all expenses in their having to hire a counsel
just so to exercise their rights over the said property and to recover and the time
spent after the discovery of the deforciant, amounting to Fifty Thousand Pesos
(P50,000.00);

19. Plaintiff also suffered sleepless nights, mental anguish, fright, serious anxiety,
besmirched reputation, wounded feelings,

NAMES OF WITNESSES AND

SUMMARY OF TESTIMONIES

1. Plaintiff Carmito Leon B. Tapongot will testify on his behalf. His testimony shall cover
on the legitimacy of their ownership over the property subject to this case, he will also
attest that he is holding the property in trust for all other heirs. Plaintiff will likewise
identify documentary evidences and testify further on the facts and circumstances
leading on this case and the truth about what transpired in relation to this case.

2. Plaintiff Jeffrey T. Jalagat. For Auxilium T. Jalagat will likewise be presented as witness
to corroborate the testimony of Carmito Leon B. Tapongot and to testify that he was
the one who took pictures of the structures erected on the titled property subject to

Heirs of Tapongot Vs. LGU’s Of Villanueva for: Recovery of Possession/Quieting of title and etc. 4
 this case, and further testify to affirm the fact that about his personal knowledge of the
reason for that the property subject to this case was named to Carmito Leon B.
Tapongot.

3. Plaintiff Elena Tapongot Abrea, will likewise be presented as witness to testify to

corroborate the testimony of the witnesses in this case and further testify to affirm the
fact that the property subject in this case is their inheritance.

DOCUMENTARY AND OBJECT EVIDENCES

IN SUPPORT OF THE PLAINTIFF’S CAUSE OF ACTION

4. Plaintiff Carmito Leon B. Tapongot will present the following Documentary exhibits:

a)Transfer Certificate of title No. T-7584 marked as Exhibit-B to B-3,

b)Tax declaration marked as ExhibitC.
c)Tax Clearance marked as Exhibit D.
d)Death Certificates Marked as Exhibit E and F respectively.
e)Pictures of Structures erected marked as Exhibits G to G-2 Exhibit H to H-2,
Exhibit I, Exhibit J, Exhibit K , Exhibit L to L-1 and Exhibit M;
f)Demand Letter Marked as Exhibit N.

5. Plaintiff Carmito Leon B. Tapongot will likewise mark his Judicial Affidavit as
Exhibits “O” to “O-6”.

6. Plaintiff Jeffrey T. Jalagat will present the special power of Attorney in acting in behalf
of his Mother Auxilium T. Jalagat marked as Exhibit A to A-1;

7. PlaintiffJeffrey T. Jalagatwill likewise mark his Judicial Affidavit as Exhibits “P” to

“P-4”.

8. Plaintiff Elena T. Abrea will marked her Judicial Affidavit as Exhibits“Q” to “Q-4”

PRAYER

WHEREFORE, it is most respectfully prayed that, after due hearing,

judgment be rendered in favor of the Plaintiffs:

a) Ordering the Defendants, successors, assignees, heirs and all persons

claiming rights under them to vacate the lot covered by TCT No.T-7584 of
the Registry of Deeds for the Province of Misamis Oriental, and to
peacefully turn over the possession thereof to the Plaintiff;

b) Declaring the Plaintiff as the exclusive and absolute owner of the subject
lot, thereby quieting the title and removing any cloud thereon, and ordering

Heirs of Tapongot Vs. LGU’s Of Villanueva for: Recovery of Possession/Quieting of title and etc. 5
 the cancellation of any title the Defendants may have corresponding to the
same lot;

c) Ordering the Defendants to pay the Plaintiff a monthly rental fee at the rate
of Five Thousand Pesos (P5,000.00) per month, with legal interests, from
date the former took the property as determined by the Court until
possession is returned to the latter together with the sum of Fifty Thousand
Pesos (P50,000.00), as actual or compensatory damages;

d) Ordering the Defendants to pay the Plaintiff the amount of Fifty Thousand
Pesos (P50,000.00) as moral damages;

e) Ordering the Defendant to pay Twenty Thousand Pesos

(Php20,000.00)exemplary damages;

f) Ordering the Defendant to pay the Plaintiff attorney’s fees in the amount of
P50,000.00 and P3,000.00 per court hearing; and:

g) Ordering the Defendants to pay the costs of suit;

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

Done, this in Cagayan de Oro City, Philippines. March 02, 2021.

Signed in compliance with Section 3, Rule 7 of the 2019 Amendments to the rules
of Civil Procedure

ATTY. DEXTER BAQUIANO PRECIOSO

Counsel for the Plaintiff
Roll No.62701; TIN No.452-664-622-000.Mis.Or.
IBP OR No.141827; Dated, Jan. 27.2021
PTR No. 0712588; Dated, Jan. 22, 2021.Cag.de Oro
Zone 3, Patag Camp Evangelista, Cag.de Oro City
MCLE Compliance No.VII-0000848; Sept. 4, 2019
Mobile No. 09058350187;
Email Add: dexter23_doy@yahoo.com

Heirs of Tapongot Vs. LGU’s Of Villanueva for: Recovery of Possession/Quieting of title and etc. 6
 VERIFICATION AND CERTIFICATION

REPUBLIC OF THE PHILIPPINES )

CAGAYAN DE ORO CITY……..……….) S.S.

1.) We, Carmito Leon B. Tapongot, Filipino Citizen, married and a resident of
Poblacion 1,Villanueva, Misamis Oriental, Philippines, Elena
TapongotAbrea, Filipino Citizen, widow and a resident of Poblacion 1,
Villanueva, Misamis Oriental, Philippines,Jeffrey T. Jalagat., Attorney-in-
Fact, of Auxilium T. Jalagat, Filipino Citizen, married and a resident of
Poblacion 1, Katipunan, Villanueva, Misamis Oriental, Philippines,Erlinda
TapongotBirondo, Filipino, of legal age, married, and a resident of Poblacion
2, Villanueva, Misamis Oriental, Philippines, and Isidro B. Tapongot, Filipino
citizen, widower and a resident of Poblacion 2, Villanueva, Misamis Oriental
Philippines, are the herein plaintiffs of the above-entitled case and have caused
the preparation of said complaint through our counsel;

2.) That the allegations in the above complaint are true and correct, based on our
personal knowledge or authentic documents/records;

3.) That the pleading is not filed to harass, cause unnecessary delay, or needlessly
increased the cost of litigation.

4.) That factual allegations therein have evidentiary support or, if specifically so
identified, will likewise have evidentiary support after a reasonable opportunity
for discovery

5.) That we have not commenced any action or filed any claim involving the same
issues in any court, tribunal or quasi-judicial agency and, to the best of our
knowledge, no such other action or claim is pending before them; and

6. That if we should thereafter learned that a similar action or proceeding has

been filed or is pending before the Supreme Court, Court of Appeals or any
other tribunal agency, we hereby undertake to report that fact within five (5)
days therefrom to the court or agency wherein the original pleading and sworn
certification contemplated herein have been filed;

Heirs of Tapongot Vs. LGU’s Of Villanueva for: Recovery of Possession/Quieting of title and etc. 7
 7. We executed this verification/certification to attest to the truth of the foregoing
facts and to comply with the provision of Adm. Circular No. 04-94 of the
Honorable Supreme Court.

Done this in Cagayan de Oro City, Philippines. March 02, 2021.

Carmito Leon B. Tapongot Elena T. Abrea

Affiant Affiant
Senior Citizen ID No.0628 Senior Citizen Id No.1638

Erlinda T. Birondo Jeffrey T. Jalagat

Affiant Affiant
Senior Citizen ID No.770 Prof. Driver’s Lic.No.K0294057206

Isidro B. Tapongot
Affiant
Senior Citizen ID No.22870

SUBSCRIBED AND SWORN to before me this 2nd day of March 2021 at

Cagayan de Oro City, Philippines, affiants above mentioned exhibited to me their
identifications, bearing their respective photos and signatures.

Doc. No.___
Page No.___
Book No. ____
Series of 2021

Copy Furnished by Personal Service:

Hon. CLERK OF COURT

Heirs of Tapongot Vs. LGU’s Of Villanueva for: Recovery of Possession/Quieting of title and etc. 8
Clerk of Court Branch No. 20
Cagayan de Oro City

Copy Furnished by Registered Mail;

Hon. Rosalie T. Uy
Municipality of Villanueva

Hon. Julio F. Cabato Jr.

Barangay Katipunan
Municipality of Villanueva

Explanation: Service of this Amended Complaint to the adverse party is by way of

registered mail considering that the office of the undersigned is distantly located and for
lack of messengerial aide to effect personal service.

Atty. Dexter B. Precioso

Heirs of Tapongot Vs. LGU’s Of Villanueva for: Recovery of Possession/Quieting of title and etc. 9