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3rd MUNICIPALITY CIRCUIT TRIAL COURT OF SOGOD-LIBAGON-BONTOC

Sogod, Southern Leyte HRS. OF ESCOLASTICO CARBONILLA: DANIEL B. CARBONILLA, ANDRES B. CARBONILLA, RUTH C. CASTANEDA, and DAVID B. CARBONILLA; Represented by DAVID B. CARBONILLA; Plaintiffs; Civil Case No. ____________________ For: -versusRIGHT OF WAY HRS. OF PRIMO TORRECAMPO: ELIAS TORRECAMPO, FERMIN TORRECAMPO, and JANET TORRECAMPO; Represented by ELIAS TORRECAMPO; Defendants. x-------------------------------------------x

Republic of the Philippines 8th Judicial Region

COMPLAINT
PLAINTIFFS, through counsel, to this Honorable Court,

respectfully allege that: 1) They are of legal age, married, Filipino, and residents of Brgy. Pandan, Sogod, Southern Leyte; while defendants are likewise of legal age, married, Filipino and residents of San Miguel, Sogod, Southern Leyte; 2) Plaintiffs are the owners of a parcel of land particularly described as follows: A coco land registered in the name of HRS. OF ESCOLASTICO CARBONILLA, under Original Certificate of Title No. 497231, denominated as Lot No. 2332, located at Hibod-hibod, Sogod, Southern Leyte, with an area of 10,211 square meters. Bounded as follows: E : lines 1-2 by Lot 2333; S : lines 2-3 by Lot 2323; S : lines 3-4 by Lot 2323; W : lines 4-5 by Lot 2325; N : line 5-6 by Lot 4848 and N : lines 6-1 by Lot 2868. It has an assessed value of P 12, 070.00 under ARP No. 06-17012-00048 (2010)2.
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Annex A Annex B

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3) Plaintiffs lot, is surrounded by properties belonging to other persons, including that of the defendants, which land is particularly described as follows: A coco land registered in the name of HRS. OF PRIMO TORRECAMPO, under Original Certificate of Title No. 519433, denominated as Lot No. 2365, located at Hibodhibod, Sogod, Southern Leyte, with an area of 8,084 square meters. Bounded as follows: N : lines 1-2 by Lot 2328; E : lines 2-3 by Lot 4816; S : lines 3-4-5 by Lot 2333; S : lines 5-6 by Lot 2332; W : line 6-7 by Lot 4848 and W : lines 7-8-9-10 by Lot 2329, and W : line 10-1 by Lot 2327. It has an assessed value of P 5,500.00 under ARP No. 05-17012, in the name of Primo Torrecampo4. 4) That since plaintiffs have no adequate outlet to the national road, a right of way passing through defendants property which is directly abutting the national road would be plaintiffs only convenient, direct and shortest access to and from the national road and the least prejudicial route among servient estates; 5) That plaintiffs have been passing through the property of defendants in going to and from their lot for many years already, but recently, for having obtained judgment in their favor in the case of reconveyance (now on appeal), involving the same land against Valentina C. Tidalgo, defendants closed it with a fence, depriving plaintiffs their only way towards their estate; 6) That the aforesaid lot of the defendants was acquired by partition by their predecessor (Valentina Tidalgo) with the plaintiffs wit: Art. 652. Whenever a piece of land acquired by sale, exchange or partition, is surrounded by other estates of the vendor, exchanger, or coowner, he shall be obliged to grant a right of way without indemnity. (New Civil Code) 7) That despite plaintiffs request for a right of way and referral of the dispute to the Lupong Tagapamayapa, defendants predecessor (Escolastico Carbonilla), who were siblings; hence, plaintiffs are invoking the law on the matter, to

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Annex C Annex D

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maliciously refused to grant them an easement, as shown in the Certificate of Action5 hereto attached; 8) That plaintiffs made a tender of payment of the proper indemnity for the right of way but was refused by the defendants. 9) That the right of way prayed for is limited to the necessary passage for the cultivation of the estate surrounded by others and for the gathering of its crops through the servient estate without a permanent way. PRAYER WHEREFORE, in view of the foregoing, it is respectfully prayed of this Honorable Court that an Order be issued: 1) Granting the plaintiffs right of way over an area of 90 square meters (3 meters wide times 30 meters long), more or less, as needed by plaintiffs, of Lot 2365, and that the right of way be annotated on defendants title; 2) Ordering the defendants to pay the plaintiffs the sum of P30,00000 as moral damages, attorneys fees and costs of suit; 3) Other reliefs, just and equitable under the premises, are likewise sought. Maasin City for Sogod, Southern Leyte, August 10, 2011.

MANASSEH S. BASTES ATTORNEYS ROLL NO. 48982 IBP: 843899, 01-31-11; PTR: 7030238, 02-21-11 MCLE NO. III-0006857, Dec. 10, 2009 CINCO & BASTES LAW OFFICE Tunga-tunga, Maasin City, Southern Leyte

Annex E

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REPUBLIC OF THE PHILIPPINES } CITY OF TACLOBAN

} SS.

VERIFICATION AND CERTIFICATION I, DAVID B. CARBONILLA, of legal age, married, and residing at Bo. Pandan, Sogod, Southern Leyte, under oath, hereby depose and state: 1. That I am the plaintiff in the above-entitled case, for myself and on behalf of my co-heirs, under Special Power of Attorney6; 2. That I have caused the preparation and filing of the herein Petition through my lawyer; 2. That I have read and understood the contents hereof and found them to be true and correct to the best of my personal knowledge; 3. That pursuant to the Revised Rules of Civil Procedure, I have not commenced any other action or proceeding involving the issues figured herein before the Honorable Supreme Court, the Court of Appeals, or any other tribunal or agency as raised in this complaint. To the best of my knowledge, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency. If I should thereafter be aware or learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I will undertake to report this fact within five (5) days therefrom to this Court. IN WITNESS WHEREOF I have hereunto signed this ____ day of August 2011, in Tacloban City, Leyte, Philippines. DAVID B. CARBONILLA Affiant JURAT SUBSCRIBED AND SWORN to before me in the date and place above written, affiant exhibiting to me his ID No. _____________________________, with his photo and signature appearing therein.

ATTY. MANASSEH S. BASTES NOTARY PUBLIC


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Annex F

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Until December 31, 2011, Roll No. 48982 IBP: 843899, 01-31-11; PTR: 7030238, 02-21-11 Doc. No. ___; Page No. ___; Book No. ___; Series of 2011.

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