Republic of the Philippines

3 MUNICIPAL CIRCUIT TRIAL COURT OF

rd

ALORAN- PANA-ON
10TH JUDICIAL REGION
MISAMIS OCCIDENTAL

HRS. OF MARCELO OCAYA represented, CIVIL CASE No.:

By RAFALEN CALUNSAG
Plaintiff,
FOR:

-versus- Recovery of Possession,

Ownership and Damages
ANDRES OCAYA, joined by wife
ELEUTERIA P. OCAYA, with ANDRES and
ELEUTERIA being substituted by children
ANTONIO, ROGELIO, CALIXTO and
LORNA OCAYA-BARICUATRO,
Defendants.
x--------------------------------------------/

COMPLAINT

COMES NOW, the PLAINTIFFS, through the Public Attorney’s Office by

the undersigned counsel and unto this Honorable Court, most respectfully
alleges:

1. That the Plaintiffs, NENA OCAYA SANCHEZ, married, a resident

of Aglayan, Malaybalay City, ALVINA OCAYA YAPE, widow, a resident
of North Fairview, Quezon City, LEONIL O. NERICUA, married, a
resident of Lobogon, Aloran, Misamis Occidental, VENUS T.
INDONTO, married, a resident of Lobogon, Aloran, Misamis
Occidental, BONIFACIA OCAYA CISPON, single, a resident of
Lobogon, Aloran, Miamis Occidental, GILMER SALABAS, single, a
resident of Lobogon, Aloran, Misamis Occidental, FRANCISCO O.
VELASCO, FRANCISCO O. VELASCO, married, a resident of Palayan,
Aloran, Misamis Occidental, are of legal ages, Filipinos, represented
by Attorney-in-fact, RAFALEN C. CALUNSAG likewise of legal age,
married and residing at Lobogon, Aloran, Misamis Occidental, with
copy of the Special Power of Attorney hereto attached as Annex A,
while defendants are also of legal ages, all married, and residents of
Lobogon, Aloran, Misamis Occidental where they may be served with
summons and other court processes;

2. That the Plaintiffs, represented by Rafalen C. Calunsag are co-

owners of a parcel of land located at Lobogon, Aloran, Misamis
Occidental UNDER Tax Declaration No. 01-0016-00338 which they
inherited from Marcelo Ocaya, copy of Tax Declaration is hereto
attached as Annex B and with an Assessed value of Three Thousand
Two Hundred Ninety Pesos (PhP 3,290);

3. That said property was mortgaged by the owners including

Plaintiff in the sum of PhP 7, 160.00 in favour of defendant Andres
Ocaya which was made on November 2002;
4. That in the year 2006, the Plaintiffs asked the defendants to
allow them to redeem the property as agreed in the acknowledgement
receipt but the defendants refused;

5. That the Plaintiff reiterated the demand to redeem the mortgage

by having the defendants summoned before the Barangay but the
defendants refused therefore compelling the Plaintiffs to litigate in
view of the defendants refusal to be paid the mortgage price;

6. That on August 24, 2012, the 3 rd Municipal Circuit Trial Court of

Aloran- Pana-on issued a decision, the dispositive portion of which
reads as follows:

WHEREFORE, premises considered, plaintiffs are allowed to consign

the sum of PhP 7,160.00 to the Clerk of Court of this Court, within
Ten(10) days from receipt hereof, after which, an order cancelling their
obligation with the defendants and full discharge of the mortgage may
then be issued upon determination that the consignation have been
properly made.

Further, the defendants are hereby ordered to pay the Plaintiffs the
following:

1. Expenses of consignation pursuant to Article 1259, NCC;

2. PhP 20,000.00 as attorney’s fees to be deposited in accordace
with the second paragraph of Sec. 16-D, OCA Circular No. 67-
2007;
3. PhP 5,000.00 as reimbursement of plaintiff’s litigation expenses.

Which decision was later affirmed by the Regional Trial Court

Branch 12 in Oroquieta City in a decision dated April 27, 2013
attached herewith as Annex C;

7. That the Plaintiff consigned the amount of PhP 7,160.00 to the

Clerk of Court of MCTC Aloran-Pana-on;

8. That having consigned the mortgage amount and accordingly,

redeemed the property from said mortgage, repeated demands to
vacate were made by the Plaintiff and their representative to the
Defendants since September 15, 2013 but to no avail, Defendants
adamantly refused to vacate the above-described property;

9. That because of the unjustified refusal of the Defendants to

vacate, the Plaintiff was forced to litigate and file this Plenary Action
for the Recovery of Ownership and Possession plus Damages through
the Public Attorney’s Office to safeguard their rights and represent
them in this case for which she claims attorneys’ fees in such
amounts as the honourable court may deem reasonable and the same
shall be deposited in the National Treasury as trust fund, pursuant to
the provision of the second paragraph of section 16-D of R.A.
9406(PAO LAW), which states: “The costs of the suit, attorneys’ fees
and contingent fees imposed upon the adversary of the PAO clients
after successful litigation shall be deposited in the National Treasury
as trust fund and shall be disbursed for special allowances of
authorized officials and lawyers of the PAO”;
 10. That the Plaintiff has been exposed to serious worry and as a
result thereof, suffered constant and serious anxiety and sleepless
nights, which moral damages when quantified in terms of money
amounts to not less than Php 50,000; the amount of PhP 5,000 as
Actual Damages incurred for the filing of this instant complaint and
such other amounts proven during the course of the trial;

11. That the Plaintiffs are indigent clients of the Public Attorney’s
Office and as such, they are exempt from the payment of fees relative
to the filing of this Complaint pursuant to the PAO LAW, R.A. 9406.

WHEREFORE, premises considered, it is most respectfully prayed of the

Honorable Court that the by virtue of the above-complaint, judgment be
rendered against the Defendants in the following manner:

a. That an order be issued against the Defendants to vacate the premises

of the litigated property;

b. That the Defendants be ordered to pay the Plaintiffs the amount of

PhP 50,000 as moral damages for the unjustified and baseless refusal to
vacate;

c. That Defendants be ordered to pay Plaintiffs the amount of PhP 20,000

by way of Exemplary damages for the evident bad faith in refusing to vacate the
litigated property;

d. That Defendants be ordered to pay defendants the amount of PhP

5,000 by way of Actual damages and such amounts as may be proven during
the trial of the present case;

e. That Defendants be ordered to pay Attorneys Fees in such amounts as

the honourable court may deem reasonable and the same shall be deposited in
the National Treasury as trust fund, pursuant to the provision of the second
paragraph of section 16-D of R.A. 9406;

f. Costs of suit

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

Respectfully Submitted. 10th day of March 2017, Oroquieta City,

Philippines.

PUBLIC ATTORNEYS OFFICE

Oroquieta City District

By.

Philippe Emile R. Santiago

Public Attorney II
Roll No. 61761
IBP No. 1001263
MCLE Compliance No. V-0011167
 Valid Until 04/14/2019

Noted By:

Julius Timoteo J. Chiong

Public Attorney III
Oroquieta City District

REPUBLIC OF THE PHILIPPINES}

CITY OF OROQUIETA} S.S.

VERIFICATION AND CERTIFICATION

I, RAFALEN C. CALUNSAG, of legal age, married, Filipino, and a
resident of Lobogon, Aloran, Misamis Occidental, after having been duly sworn
to an oath in accordance with law, hereby depose and say:

That I am the duly authorized representative of the Plaintiffs in the

above-entitled case;

1. That I have caused the preparation and the filing of the foregoing
Complaint;

2. That the allegations therein have been read to me and translated to

me in Visaya, a dialect which I can understand, and the allegations therein are
true and correct based on my own personal knowledge or based on authentic
records; and

3. That I have not commenced any action involving the same issue or
issues before the court or any other judicial or quasi-judicial tribunal of the
government, and should we learn of the filing of the pendency of the same, we
undertake to inform the Honorable Court within five (5) days therefrom.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 10th

day of March 2017 in the City of Oroquieta, Philippines.

RAFALEN C. CALUNSAG

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this 10th day of March

2017 in Oroquieta City, Philippines, affiant being known to me and to me
known to be the same person who voluntarily and knowingly executed the
foregoing answer with counterclaims and verification.