Republic of the Philippines

REGIONAL TRIAL COURT

4TH
Judicial Region
Branch 111
Bacoor City

JANE S. MANALO,
Plaintiff,
Civil Case No. __________
-versus-
For: ACCION PUBLICIANA
ROMMEL S. GAYAMO,
Defendant.

x--------------------x

COMPLAINT
Plaintiff, by counsel and to this Honorable Court, respectfully alleges that:

1. Plaintiff is of legal age, single, Filipino and a resident of Barangay Molino 1,

Bacoor City, Cavite while defendant is also of legal age, married, Filipino, and also a
resident of Barangay Molino II, Bacoor City, Cavite, where she may be served with
summons and other legal processes;

2. Plaintiff is the absolute and registered owner of a parcel of land known as Lot
No. 20, Psu-01-23-456789, situated in Barangay Molino 1, Bacoor City, Cavite
containing an area of five hundred (500) square meters, more or less, and covered by
Original Certificate of Title No. 1122 issued by the Registry of Deeds of Cavite. A
certified true copy of Original Certificate of Title (OCT) No. 1122 is attached hereto as
Annex “A”;

3. The above-described property has an assessed value of three hundred thirty-

nine thousand nine hundred eighty pesos (PhP 339,980.00) as shown in the Declaration
of Real Property Value issued by the Office of the City Assessor of Bacoor City Cavite.
A copy of Tax Declaration No. 9876 and Certification issued by City Treasurer, _______,
are also attached hereto as Annexes “B” and “C”;

4. Sometime in 2014, Plaintiff left the country to work as a nurse in Australia.

During that time the property was left with no caretaker but was visited by the plaintiff
everytime he comes home;

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 5. Sometime in April 2017, during plaintiff’s visit to his property, he saw a make-
shift house built on his lot. He later discovered that defendant Rommel Gayamo built
such house and that the latter and her family were occupying the same. Defendant,
without the knowledge and consent of the plaintiff, surreptitiously and by means of
stealth entered, used and occupied the said land. A photo of the house built by the
defendant is attached hereto as Annex “D”;

6. Plaintiff personally demanded from the defendant the immediate surrender of

the subject property and to immediately vacate the same in April 2017, but to no avail.
Plaintiff made another demand in May 2017, but the defendant insisted that the property
is his;

7. Since the defendant ignored the oral demands made by plaintiff, defendant was
given a demand letter dated July 4, 2017 asking her to vacate plaintiff’s property within
five (5) days from receipt thereof. After twelve (12) days from receipt of the letter by
defendant, plaintiff returned to his property but defendant continued to remain in the
premises. Thus, plaintiff wrote another final demand letter dated August 1, 2017 asking
him to immediately vacate the property. The letter was received by the defendant on even
date. Copies of the letters are hereto attached as Annexes “E” and “F”;

7. Notwithstanding the oral and written demands made by plaintiff, defendant still
refused to vacate the subject property. The stubborn refusal prompted plaintiff to initiate
conciliation proceedings before the Punong Barangay of Barangay Molino 1, Bacoor
City, Cavite. The Punong Barangay issued a subpoena dated August 8, 2017 addressed to
the defendant asking her to appear before him on August 14, 2017. However, the
defendant ignored the same. Another subpoena dated August 21, 2017 was issued to the
defendant asking her to appear before the Pangkat on August 24, 2017, but to no avail.
Copies of the subpoenas are attached hereto as Annexes “G” and “H”;

8. Since defendant refused to appear before the Punong Barangay and Pangkat, a
Certificate to File Action dated August 29, 2017 was issued by Pangkat Secretary, Ruth
Dinoy, and attested by Pangkat Chairman Edgar Lentorio, stating that no confrontation
took place through no fault of the complainant. A copy of the Certificate to File Action is
attached hereto as Annex “I”;

9. Despite earnest efforts, the defendant refused and still refuses to vacate
plaintiff’s property without legal cause. Let it be emphasized that defendant, without any

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color of title whatsoever, entered and occupied plaintiff’s property through stealth and
built a house thereon clandestinely and without plaintiff’s knowledge and consent,
thereby depriving the plaintiff of the lawful possession and enjoyment of his property.

WHEREFORE, plaintiff respectfully prays unto this honorable court that

judgment be rendered ordering defendant:

a. to vacate the subject property in question and to restore possession thereof to

plaintiff;
b. to pay plaintiff damages in the amount of one hundred thousand pesos (P
100,000.00);
c. to pay plaintiff attorney’s fees in the amount of fifty thousand pesos
(P50,000.00).

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

Bacoor City, Province of Cavite, Philippines, October 9, 2017.

ATTY. Michael P. Soriano

Counsel for Plaintiff
Soriano Law Office
Molino 1, Bacoor City, Cavite
PTR No. 1111/January 8, 2018/Bacoor City
IBP No. 1234/January 8 2018/Bacoor City
MCLE Compliance No. 99999
Roll No. 59880

Copy Furnished:

Rommel Gayamo
Barangay Molino 2
Bacoor City

VERIFICATION AND CERTIFICATION

AGAINST FORUM SHOPPING

I, Jane S. Manalo, of legal age, single, Filipino, and a resident of Barangay

Molino 1, Bacoor City, Cavite, after having been duly sworn, depose and say that:

1. I am the plaintiff in the above-entitled complaint;

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 2. I have caused the preparation of said complaint;

3. That I have read the allegations therein contained, and that the same are true
and correct of my personal knowledge and/or based on authentic documents or records;

4. That 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 if I should thereafter learn that the
same or similar action or claim has been filed or is pending, I shall report that fact within
five (5) days therefrom to the court wherein the aforesaid complaint or initiatory pleading
has been filed.

Witness my hand this 9th day of October 2017, at Bacoor City, Cavite,
Philippines.

Jane S. Manalo
Plaintiff

Subscribed and sworn to before me, this 9th of October 2017, affiant appearing
before me and exhibited to me her Social Security System ID issued on February 10,
2008 at Bacoor City, Cavite.

Doc. No. _____

Page No. _____
Book No. _____
Series of 2017.

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