Republic of the Philippines

Regional Trial Court

National Capital Judicial Region
City of Manila
Branch 3

TRISTAN JAY PASANTING,

Plaintiff,

-Versus-
Civil Case No.______
For: Accion Reivindicatoria
JUAN DELA CRUZ,
Defendant.
x--------------------------------x

COMPLAINT

PLAINTIFF, by counsel, respectfully states that:

1. Plaintiff, Tristan Jay Pasanting, is a Filipino, 60 years old, widow, resident

of 123 Topaz St. San Andres Bukid, Manila (Plaintiff);

2. Defendant, Juan Dela Cruz, is a Filipino, of legal age, single, resident of

456 Garnet St. San Andres Bukid, Manila (Defendant);

3. Plaintiff is the absolute and registered owner of a lot situated in Garnet St.
San Andres Bukid, Manila with an area of 800 square meters and covered
by Transfer Certificate of Title No. 76718 (a copy of which is hereto
attached as ANNEX“A”);
3.1. Said lot was purchased by the Plaintiff from certain Emiliano
Delosantos on August 15, 1995 (photocopy of Deed of Absolute Sale
is attached as ANNEX“B”);
3.2. The lot is covered by Tax Declaration of Real Property No. 1112 issued
by the Manila City Assessor’s Office on January 3, 2019, with an
assessed value of Eight Million Pesos (P8,000,000) (certified true
copy of the Tax Declaration attached herewith as ANNEX “C”);
4. On August 15, 2018, when Plaintiff visited the said lot, she discovered that
the Defendant unlawfully arrogated unto himself ownership of its portion by
 constructing a house which encroached upon the lot of the Plaintiff;
(pictures are attached herewith as ANNEXES “D” to “D-3”);

5. On August 30, 2018, the Plaintiff caused the relocation and verification
survey of the subject lot belonging to her and the adjoining lots, particularly
Lot no.1456 being claimed by the defendants;

6. The relocation and verification survey conducted by Engr. Ace Laron, a

duly licensed Geodetic Engineer per plan revealed that defendant had
encroached an area of 500 square meters of parcel of land belonging to
the Plaintiff (certified true copy of Relocation and Verification Survey Plan
of Geodetic Service Division for the City Engineer of Manila City containing
this information, among others, is appended hereto as ANNEX “E”);

7. On September10, 2018, Plaintiff sent a formal demand letter to Defendant

to vacate the premises and to pay reasonable compensation for the use of
the said encroached portion (copy of the Formal Demand Letter and
Registry Return Card showing that it was duly received by Defendant is
attached as ANNEX “F”);

8. Despite receipt of the said demand letter, Defendant failed and refused to
vacate the encroached portion and surrender the peaceful possession
thereof to Plaintiff;

9. On October15, 2018, the Plaintiff lodged a complaint before the Barangay

Council of San Andres Bukid, Manila against defendants regarding the
encroached portion (copy of the complaint filed before the Barangay
Council of San Andres Bukid, Manila is attached as ANNEX “G”);

10. Since the Defendant refused to vacate the premises, surrender the
peaceful possession thereof, and to pay reasonable compensationto
Plaintiff, the Barangay Captain of San Andres Bukid, Manila issued on
November 30, 2018 a Certification to File Action to enable the Plaintiff to
file the appropriate action in court (copy is hereto attached as ANNEX “H”);

11. Plaintiff seeks to recover the subject lot being held by the Defendant under
the right of an absolute and registered owner, not just simply recovery of
possession;

12. Plaintiff was deprived of all the beneficial use of the subject lot from the
moment the Defendant unlawfully entered thereto. Defendant’s possession
and occupation should be charged with reasonable compensation/rental
fees in the amount of Twenty-five Thousand Pesos (P25,000.00) per month
with legal interestsbased on the Appraisal Report conducted by General
Appraisal Company (copy of which is attached hereto as ANNEX “I”).
Otherwise, the Defendants would have unjustly enriched and continuously
enrich themselves at the Plaintiff’s expense;
13. In view of the forgoing, the Plaintiff was constrained to retain the services
of counsel thereby incurring expenses in the amount of Fifty Thousand
Pesos (P50,000.00) as acceptance fee, and in addition thereto, a fee of
Three Thousand Pesos (P3,000.00) per court appearance, which amount
should be charged against the Defendants and be made payable to the
Plaintiff as attorney’s fees, including the costs of litigation (copy of the
Engagement Contract is hereto attached as ANNEX “J”);

14. Herein cause of action of the Plaintiff is in accord with the Supreme Court’s
judgment in the case of Ruben Manalang, et.al. vs. Bienvenido and
Mercedes Bacani, G.R. No. 156995, January 12, 2015, wherein it states
that:
“xxx a boundary dispute must be resolved in the context
of accion reivindicatoria, not an ejectment case. The
boundary dispute is not about possession, but
encroachment, that is, whether a landowner has been
unlawfully deprived of his land by another who has built
structures thereon. In accion reivindicatoria, the issue is not
who has prior possession but who has the right of
possession; not who has the better title but who has title.”
(Emphasis supplied.)
 PRAYER

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

rendered in favor of the Plaintiff:
a) Ordering the Defendant, his family, successors, assignees, heirs and all
persons claiming rights under them to vacate the lot covered by TCT No.
78910, 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, and ordering the cancellation of any title the Defendant may have
corresponding to the same lot;
c) Ordering the Defendants to pay the Plaintiff a monthly rental fee at the rate
of Twenty-five Thousand Pesos (P25,000.00) per month, with legal
interests, from date the former took the property as determined by the Court
until possession is returned to the latter;
d) Ordering the Defendant to pay the Plaintiff attorney’s fees consisting of
acceptance fee and appearance fee of P50,000.00 and P3,000.00
respectively plus any cost of litigation incurred during the course of the
proceedings; and
Other reliefs just and equitable under the premises are likewise prayed for.
September 16, 2019, Makati City for Manila City
__________________
ATTY. TONI FOWLER
9876 Valero St. Makati City
Email/Contact No.09381751412
PTR No.09
Roll of Attorneys No.20
IBP No.1
MCLE Compliance No.12
 VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, Tristan Jay Pasanting, 70 years old, Filipino Citizen and a resident of 123
Agata St. San Andres Bukid, Manila, avers under oath that I am the Plaintiff that
caused the preparation of the foregoing Complaint; I certify that the same are true
and correct to the best of my personal knowledge and based on authentic records.
I 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 my
knowledge, no such other action or claim is pending therein; and should I thereafter
learn that the same or similar action or claim has been filed or is pending before
any court, tribunal or quasi-judicial agency, I undertake to report said fact within
five (5) days from such knowledge to this Honorable Court.
IN TRUTH WHEREOF, I have hereunto affixed my signature below this
16th day of September 2019, at Makati City.
_______________________
TRISTAN JAY PASANTING
Affiant

SUBSCRIBED AND SWORN to before me this 16th day of September,

affiant exhibiting to me Passport with ID No. 1111 issued on January 1, 2018, in
Manila City.
_____________________
ATTY. KHAREN DABON
Notary Public
Commission expires Dec. 31
PTR No. 31
Roll of Attorneys No. 56
IBP No. 82
MCLE Compliance No.98
Email/Contact No. 0918361912

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Series of 2019