Sample Complaint for Recovery of possession

Republic of the Philippines  Ninth Judicial Region Region Branch ___ Pagadian City -o0oFABIAN TAPAYAN Represented By: FABIAN B. TAPAYAN JR. Plaintiff, -versusBABE REVELO LAUREA Defendant.

CIVIL CASE NO. _________

for Recovery of Possession With Prayer for Preliminary Mandatory Injunction

x----------------------------------x COMPLAINT Comes Now, Plaintiff through undersigned counsel, unto the Honorable Court, most respectfully states and avers: THAT1. Plaintiff is of legal age, married, and resident of Paglaum II, Tuburan District, Pagadian City; 2. Plaintiff is being represented in this instant case by Fabian B. Tapayan Jr., who is of legal age, married and resident of Paglaum II, Tuburan District, Pagadian City, by virtue of a Special Power of Attorney (SPA). Plaintiff, through his representative, may be served with summons, orders, notices and other court processes that the Honorable Court may issue; (copy (copy of the SPA is hereto attached and “A” and “A- 1”  1” ) marked as Annex “A” and 3. Defendant is likewise of legal age, and resident of Purok TabingIlog, Balangasan District, Pagadian City, where she 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 Purok Riverside, Balangasan District, Pagadian City covered by Transfer Certificate of Title No. T-4,465 consisting of an area of ONE HUNDRED EIGHTY (180) square meters; (hereto attached and marked as Annex “B “B”, (“B(“B-1”, “B“B-2” and “B“B-3”) is the copy the copy of the Certified True Copy of TCT No. T-4,465) 5. The present assessed value of the subject parcel of land is Six Thousand Three Hundred Pesos (P 6,300.00) as can be gleaned from the present tax declaration of the same under Tax Declaration No.

2K9-002930; (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 1980 under Tax Declaration No. 1631; (copy of Tax Declaration No. 1631 is hereto attached and marked as Annexes “D” and “D-1”; 7. Plaintiff has been paying the real property taxes of the subject parcel of land since 1980 up to the present as evidenced by the certification issued by the Office of the City Treasurer of Pagadian City dated 6  November 2017; (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 Annexes “F” and “F-1” is the affidavit of Miguel Alvar Bernante for reference)

9. Sometime in year 2012, 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 2016, 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 her 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, Pagadian City, dated 11 July 2016. 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 July 2016, 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 thru the Office of the Barangay of Barangay Balangasan, Pagadian City; (A copy of the demand letter, pictures depicting the construction of the house, and the affidavit of the Barangay Messenger are hereto attached for

reference and marked as Annexes “I”, “J”(“J-1”, “J-2”, “J-3”, and J4”) 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. 2599. 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 her to vacate the subject parcel of land with the assistance of the Office of the Barangay of Barangay Balangasan, 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 2017) 15.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; 16.Despite numerous demands for her and her family to vacate, Defendant has remained in illegal possession of the said land up to the present and still retain such possession; 17.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, considering that Plaintiff despite wanting to ;

18.The reasonable rental of the land is Php 3,000.00 per month; 19.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); 20.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);

21.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 Php 50, 000.00 and the amount of Php 2, 500.00 per court hearing; 22.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 THE WRIT OF PRELIMINARY INJUNCTION Plaintiff re-pleads all the foregoing allegations by way of reference in so far as they are for the issuance of preliminary injunction. 23.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; 24.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.

25.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 writ of preliminary mandatory injunction 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. 1451-B and also to demolish and/or remove the concrete fence constructed on the South

Eastern side of Lot No. 1451-B which is described under paragraph 3 of this complaint. 2. Ordering the defendant his servants and those residing and working under them to vacate Lot No. 1451-B and to deliver possession thereon to the plaintiff; 3. To pay the plaintiff the sum of P2,000.00 a month until such time that the land Lot No. 1451-B is delivered to the plaintiff;