Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

SIXTH JUDICIAL REGION
BRANCH__
ILOILO CITY

MARIE ANTONETTE L. SALCEDO,

MARIA ROSA L. SALCEDO-
GROSSMAN, AND KARLA MARIE L.
SALCEDO-CABALUM.
Plaintiffs,
Civil Case No.________
For: Forcible Entry
-versus-

EUFEMIA SALCEDO, JESSICA S.

LAZZARAGA AND WINSTON CASEY Z.
SALCEDO.
Defendants.

X---------------------------------X

COMPLAINT

PLAINTIFFS, by counsel, and unto this Honorable Court, most respectfully

states that:
The Parties
1. Marie Antonette L. Salcedo, a Filipino citizen,of legal age, single, and a
resident of 270 Luis Munoz Marin Boulevard, Apartment 2G, Building 2, Jersey
City, New Jersey 07302, United States of America, Maria Rosa L. Salcedo-
Grossman, a Filipino citizen, of legal age, married to Lawrence Grossman and a
resident of 18 Wellington Avenue, Short Hills, New Jersey 07078, United States
of America, and Karla Marie L. Salcedo, a Filipino citizen, of legal age, married to
Jesse Rey Cabalum and a resident of 2 the Green Main Street, Blessington
County, Wicklow, Ireland, as per attached Special Power of Attorney 1, are herein
represented by their attorney-in-fact, Susan L. Salcedo, of legal age, Filipino
Citizen, widow and with postal address at a 183 Lopez Jaena Street, Jaro, Iloilo
City, Philippines, where they may be served notices and other court processes;

2. Defendants Eufemia Salcedo, of legal age, widow, Filipino citizen,

Winston Casey Z. Salcedo, of legal age, single, Filipino citizen, are residents of
Lot 3 Salcedo Compound 183 Lopez Jaena St. Jaro, Iloilo City and Jessica S.
Lazzaraga, of legal age, single, Filipino citizen and a resident of Barangay
Anoring, Sarah, Iloilo City, where each of the defendants may be served notices
and other court processes in their respective address;

The Facts
1
Annex “A” is a copy of the Special power of attorney

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 3. Plaintiffs as per Deed of Extrajudicial Adjudication 2, are owners in fee
simple of the Lot No. 4 located in the District of Jaro, Iloilo City covered under
Transfer Certificate of Title No. T-71034 of the Registry of Deeds Iloilo City 3;

4. Since the death of their father in 2015, the said property has long been
possessed by the plaintiffs and has been declared for taxation purposes as per Tax
Declaration No. 15-03-031-009464;

5. Because of their absence in Iloilo City the plaintiffs have not transferred
the registration in their name and On 20 July 2021 the defendant through the use
of force, intimidation, threat, stealth and strategy, the defendants erected a wall on
the said property which encroached an area of 10 square meters more or less of the
property owned by the plaintiffs as indicated on the survey plan issued by a
geodetic engineer5;

6. The defendants deprived the plaintiffs of possession of the portion of the

property by means of force, intimidation, threat, stealth and strategy and without
their consent as the plaintiffs were caught by surprise of the sudden erection of the
wall that encroached on their property;

7. On 21 July 2021 the incident of the destruction of the old fence was
brought to the attention of the lupon and was duly recorded6;

8. On 21 February 2022, a complaint was sent to the lupon of Barangay

Sambag, Jaro, Iloilo City, complaining therein the acts of defendants that they
have unlawfully possessed a portion of the property of the plaintiffs and
demanding that they have to vacate the area that they have encroached 7.

9. On 28 February 2022, a demand letter to vacate was received by the

defendants. By which the defendant still failed to vacate without any valid reason8;

10. The defendants refused to heed the demands made by the plaintiffs to
vacate the area encroached by them and made an assertion that the wall erected
was on their property;

11. Having been unlawfully deprived of use of the said portion of the
property, the plaintiffs are entitled to a reasonable rent of five thousand pesos
(P5,000.00) per month from the date of encroachment to the time that their
possession is restored;
12. The thought of being deprived of the property by force caused mental
anguish to the plaintiffs, it also caused serious anxiety to the plaintiffs because of
the unlawful means of destruction of the old fence and the sudden erection of the
concrete wall which deprived the plaintiffs of their possession of the land, and

2
Annex “B” attached is a photocopy of Deed of Extrajudicial Adjudication.
3
Annex “C” attached is a photocopy of Transfer Certificate of Title.
4
Annex “D” attached is a photocopy of the Tax Declaration.
5
Annex “E” attached is a photocopy of the Survey plan from the geodetic engineer.
6
Annex “F” attached is a photocopy of the Barangay report.
7
Annex “G” attached herein is a photocopy of the Letter complaint which was sent to the Barangay.
8
Annex “H” attached herein is a photocopy of the Demand letter

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lastly it caused social humiliation to the plaintiffs as they were humiliated due to
the forcible destruction of their old fence and the construction of the concrete wall
on their own lot;

13. This action is filed within one year from the last demand which was
received by the defendants last 28 February 2022. Being relatives by
consanguinity the plaintiffs exerted effort to settle the matter but to no avail;

14. Though the matter was brought to the attention of the lupon no settlement
was reached between the parties and the real parties in interest reside outside of
the Philippines. Parties who do not actually reside in the same city or municipality
or adjoining barangays are not required to submit their dispute to the lupon as a
pre-condition to the filing of a complaint in court”9;

15. Due to the defendants action, plaintiffs retained counsels services fees for
Fifty thousand pesos (P50,000.00) plus appearance fees of two thousand five
hundred pesos (P2,500.00) per hearing10, including the printing, mailing and other
actual expenses in the defense of their right, which amount has to be reimbursed
by the defendant;

Witnesses

16. Susan Salcedo, the attorney-in-fact of the plaintiffs, will testify on the
circumstances of this complaint and the ownership of the land. The judicial-
affidavit of the attorney-in-fact of the plaintiffs is attached;

17. Myrene Ganzon Estares, the witness for the plaintiffs, will testify on the
circumstances of this complaint pertaining to the destruction of the old fence and
construction of the present concrete wall. The judicial affidavit of the said witness
of the plaintiffs is attached;

Documents

18. Plaintiff will submit the following exhibits:

Exhibit Documents
“A” - Special Power of Attorney
“B” - Deed of Extrajudicial Adjudication
“C” - Transfer Certificate of Title No. T-71034 of
the Registry of Deeds Iloilo City
“D” - Tax Declaration No. 15-03-031-00946
“E” - Survey Plan of Lot 4, PCS - 06 - 000721
“F” - Copy of the Barangay record
“G” - Complaint filed before the lupon
Filed on 21 of February 2022
“H” - Final Demand Letter sent and received by
the Defendant on 28 February 2022
“I” - Retainer Agreement
9
The Supreme Court ruled in the case of “Jose Audie Abagatnan v. Spouses Jonathan Clariot and Elsa Clarito, G.R. No. 211966.
10
Annex “I” is a photocopy of the retainer agreement

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 PRAYER

WHEREFORE, It is most respectfully prayed of this Honorable Court

that after due notice and hearing, that judgment be rendered in favor of the
Plaintiffs, as follows:

1. ) Ordering the Defendant, their privies and/or any other person claiming under
them to vacate the portion of the property unlawfully occupied by them and
remove the concrete wall erected therein;
2. Ordering the Defendant to pay the Plaintiff the following:
A. Actual Damages in the amount of Five thousand Pesos (P5,000.00) per
month for the entire duration of the deprivation of possession of the plaintiffs;
B. Moral Damages in the amount of Fifty thousand Pesos (P50,000.00) for the
mental anguish, serious anxiety and social humiliation of the plaintiffs;
C. Attorney’s Fees in the amount of Fifty thousand Pesos (P50,000.00) and
appearance of counsel in the amount of Two thousand Five hundred Pesos
(P2,500.00) per appearance;
D. The cost of the suit.

The plaintiff prays for other reliefs that may be just and equitable under the
premises.

Iloilo City, Philippines, 21 June 2022.

Counsel for the Plaintiff

By:
ALFREDO A. ARUNGAYAN III
Roll No. 45458, Page No. 92, Book No. XIX
PTR # 7266888, 01/12/2021, Iloilo City
IBP (Iloilo) # 012460, 01/08/2021
MCLE Compliance No. VII-0017955, 05/13/22
aldiarungayan@gmail.com

MEL PHILDRICH D. GANUHAY

Roll No. 80299, Page No. 260, Book No. 34
PTR # 7866885, 05/24/2022, Iloilo City
IBP OR # 213024, 05/19/2022
MCLE: MCLE Exempted
Under MCLE Governing Board Order No. 1,
S. 2008
stephen.ganuhay@yahoo.com

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