Republic of the Philippines

REGIONAL TRIAL COURT

Fourth Judicial Region
Branch 85
Calauag, Quezon

JULIUS A. LAMAN
Represented by:
MATEO L. SALVADOR
Plaintiff, Civil Case No. ____________
For: Recovery of Possession
-versus- with Damages and Prayer for
Temporary Restraining Order
DAVID JAMES A. ALPUERTO,
Defendant.
x-------------------------x

COMPLAINT
Comes Now, Plaintiff through undersigned counsel, unto the
Honorable Court, most respectfully states and avers that:

1. Plaintiff is of legal age, married, and 1775 Barangay Santa

Maria Calauag, Quezon

2. Plaintiff is being represented in this instant case by Mateo L.

Salvador Jose Raphael S. Jaringa Jr., who is of legal age,
single and a resident of 845 Barangay Santa Maria Calauag,
Quezon. Plaintiff, through his representative, may be served
with summons, orders, notices and other court processes that
the Honorable Court may issue; (copy of the SPA is hereto
attached and marked as Annex “A”);

3. Defendant is likewise of legal age, and resident of Barangay

Salvacion Calauag, Quezon, where he may be served with summons,
notices, orders and other court processes that this Honorable
Court may issue;

4. Plaintiff is the true and registered owner of a parcel of land

situated in the Barangay of Salvacion Calauag, Quezon, covered by
Transfer Certificate of Title No. T-7841678 consisting of an area of
FIFTY (50) square meters; (hereto attached and marked as Annex
“B”, is the copy of the Certified True Copy of TCT No. T-7841678);

5. The present assessed value of the subject parcel of land is Ten

Thousand Pesos (Php10,000.00) as can be gleaned from the present
tax declaration of the same under Tax Declaration No. 42DK8-

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04582930145; (hereto attached as Annex “C” is copy of said tax
declaration for reference);

6. The subject parcel of land was declared in the name of the

Plaintiff for tax purposes since 1990 under Tax Declaration No.
16314567; (copy of Tax Declaration No. 7845567 is hereto attached
and marked as Annex “D”;

7. Plaintiff has been paying the real property taxes of the subject
parcel of land since 1990 up to the present as evidenced by the
certification issued by the Office of the City Treasurer of Calauag,
Quezon dated 9 May 2019; (hereto attached and marked as Annex
“E”;

8. Since Plaintiff had no immediate need of the subject parcel of

land, the former allowed Defendant and her family to occupy the
same with the condition that the latter shall vacate the subject parcel
of land after demand is made upon them by the Plaintiff; (hereto
attached and marked as Annex “F” is the affidavit of Russel Rey R.
Zarate for reference);

9. Sometime in year 2021, Plaintiff demanded from the Defendant

and her family to vacate the said subject property but the latter
refused and still continue to occupy the said property;

10. Sometime in year 2021, the said subject lot was gutted by fire
including the house erected thereon. As a result thereof, Plaintiff,
through his son, decided to cordon the area and instructed the
Defendant and his descendants to vacate the premises, however, the
latter refused to turn over the property and instead constructed a
house thereat; (pictures of the wreckage of the property after the fire
incident is hereto attached for reference and marked as Annexes “G”,
“G-1”, “G-2”, “G-3”, “G-4” and “G-5”);

11. Consequently, Plaintiff was able to secure a copy of a Notice

of Illegal Construction issued by the Office of the Building Official,
Lucena City, dated 11 August 2019. In that notice, Defendant was
advised to stop the construction of the house over the subject
property. (A copy of said notice is hereto attached for reference and
marked as Annex “H”);

12. On 18 September 2021, Plaintiff thru a lawyer demanded the

Defendant to cease and desist from further constructing a house in
the said subject property as herein Defendant continued to construct
and build a house thereat. The demand letter was delivered to the
Defendant thru the Office of the Barangay of Barangay Bocohan,
Lucena City; (A copy of the demand letter, pictures depicting the
construction of the house, and the affidavit of the Barangay
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Messenger are hereto attached for reference and marked as
Annexes “I”, “J” (“J-1”, “J-2”, “J-3”, and J-4”) and “K” respectively);

13. A case for unlawful detainer was already been instituted by the
Plaintiff against herein Defendant which was docketed with Civil Case
No. 213945. The case was dismissed by the Court in favor of the
Defendant for, accordingly, failure of the Plaintiff to bring the action
personally before the Lupon Tagapamayapa for the conciliation
proceedings;

14. After the dismissal of the case, another demand letter was sent
to the Defendant demanding him to vacate the subject parcel of land
with the assistance of the Office of the Barangay of Barangay
Bocohan, unfortunately, this time, Defendant refused to receive the
demand letter; (hereto attached and marked as Annex “L” is the copy
of the demand letter dated 15 December 2021);

14. By reason thereof, Plaintiff was constrained to send a demand

letter by way of registered mail, but was returned unserved for “Party
Out No One to Received”. Another demand letter was again sent by
way of registered mail but likewise returned unserved for the same
reason;

15. Despite numerous demands for him and his family to vacate,
Defendant has remained in illegal possession of the said land up to
the present and still retain such possession;

16. Defendant has been in possession over the parcel of land

without any legal right. In fact, it is herein Plaintiff who is paying the
annual real property taxes of the subject parcel of land. Defendant is
enjoying the possession over the same to the prejudice of the
registered owner of the parcel of land;

17. The reasonable rental of the land is Php 3,000.00 per month;

18. Accordingly, while possession by tolerance is lawful, such

possession becomes illegal upon demand to vacate is made by the
owner and the possessor by tolerance refuses to comply with such
demand (Prieto v. Reyes 14 SCRA 432; Yu v. De Lara, 6 SCRA 786,
788; Isidro v. Court of Appeals, G.R. No. 105586, December 15,
1993);

19. A person who occupies the land of another at the latter’s

tolerance or permission without any contract between them, is
necessarily bound by an implied promise that he will vacate upon
demand (Yu v. De Lara, supra cited in Sumulong v. Court of Appeals,
G.R. No. 108817, May 10, 1994);

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 20. Due to unjust refusal of the Defendant to vacate and return the
said land to the Plaintiff, the latter was considered to endorse the said
matter to his legal counsel for the filling of an appropriate action in
court and incurred attorney’s fees in the amount of Php75,000.00 and
the amount of Php 4,000.00 per court hearing;

21. This action is being filed within a period of two (2) years from
the demand on Defendant to vacate the said property.

PETITION FOR ISSUANCE OF

TEMPORARY RESTRAINING ORDER

Plaintiff re-pleads all the foregoing allegations by way of reference

in so far as they are for the issuance of preliminary injunction.

22. That the plaintiff is entitled to the relief demanded and the
whole or part of such relief consist in ordering the defendant to deliver
to the plaintiff possession of the land subject of this case which is
described under paragraph 4 of the complaint;

23. That the continued possession or continuance of the unlawful

acts complained of during the litigation would cause irreparable
damage to the plaintiff who is wrongfully prevented in entering and
taking possession of his land and considering that the defendant has
already constructed a structure on the land.

24. That the plaintiff is able and willing to put up an injunction bond
in the sum fixed by this Honorable court, executed in favor of the
defendant to the effect that the plaintiff will pay all damages which
defendant may suffer as a result of the injunction if the court should
finally decide that plaintiff is not entitled thereto.

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court that pending final judgment, a
temporary restraining order be issued ordering the defendant to
vacate and deliver to the plaintiff the land described under paragraph
3 of the complaint and after due hearing making the injunction
permanent and further after due notice and hearing, judgment be
rendered in favor of the plaintiff, as follows:

1. Ordering the defendant demolish and/or to remove at his

expense whatever structure he caused to be constructed on Lot No.
1452-A and also to demolish and/or remove the concrete fence
constructed on the South Eastern side of Lot No. 1452-B which is
described under paragraph 3 of this complaint.
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2. Ordering the defendant his servants and those residing and
working under them to vacate Lot No. 1452-B and to deliver
possession thereon to the plaintiff;

3. To pay the plaintiff the sum of P3,000.00 a month until such

time that the land Lot No. 1452-B is delivered to the plaintiff;

4. Pay plaintiff the amount of Seventy Five Thousand Pesos

(Php75,000.00) by way of attorney’s fees;

5. Pay the cost of this suit; and

6. Plaintiff prays for such other remedies and reliefs as may be

deemed just and equitable under the premises.

Respectfully submitted. 28 September 2023. Lucena City.

ATTY. MATEO JULIUS A. SALVADOR

Counsel for the Petitioner
84545 Santa Maria Calauag, Quezon

Contact No. (042) 7457254 - 22512

Roll of Attorneys No. 784134
PTR No. 1232467; Lucena City; 03 Jan. 2023
IBP No. 827865521; IBP Quezon; 18 Jan. 2023
TIN 100008-958-647
MCLE Exemption No. VII-Acad0780453853; Valid Until 14 April 2028

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 VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING

I, JULIUS ALMOJUELA LAMAN, of legal age, single, Filipino

and a resident of Barangay Santa Maria Calauag, Quezon, under
oath declare that:

a. I have caused the preparation of the Complaint;

b. I have read it and its contents are true and correct of my own
personal knowledge and based on authentic records;
c. I have not earlier commenced a similar action against the
Defendant for the same cause with any other court tribunal
or quasi-judicial agency and to and to the best of my
knowledge, no such action or proceeding is pending before
the Supreme Court, the Court of Appeals or any other
tribunal or agency; And if there is any such action or
proceeding which is either pending or may have been
terminated, I must state the status thereof, and if I should
thereafter learn that a similar action or proceedings has been
filed or is pending before the Supreme Court, the Court of
Appeals or any other tribunal or agency, I shall undertake to
report that fact within five (5) days therefrom to the Court or
agency wherein the original pleading and sworn certification
contemplated therein have been filed.

IN WITNESS WHEREOF, I have hereunto set my hands this

th
28 day of September 2023 in Lucena City.

JULIUS ALMOJUELA LAMAN

Affiant
PRC ID No. 18690

SUBSCRIBED and SWORN to before me this 28th day of

September 2023 in Lucena City. Further, affiant exhibited before me
his valid proof of identification.

ATTY. AIRHA KAE V. PORNELDA

Public Attorney
Pursuant to R.A. No. 9406
Doc. No. 06;
Page No. 3;
Book No. XCI;
Series of 2023