Republic of the Philippines

7th Judicial Region

METROPOLITAN CIRCUIT TRIAL COURT
DAUIS-PANGLAO
DAUIS,BOHOL

CHRISTINA LAGDAMEO
Plaintiff,
-versus-

CIVIL CASE No. Q-12345

For: RECOVERY OF POSSESSION OF REAL
PROPERTY

SPS. EPIFANIO LAGDAMEO and

MERCEDITA LAGDAMEO
Defendant.
x - - - - - - - - - - - - - - - - - - - - - - - - - - -x

COMPLAINT
PLAINTIFF, through the undersigned counsel, and unto this Honorable Court
most respectfully submits this Complaint for Recover of Possession of Real Property
and in support hereof makes the following assertions:
1. Plaintiff CHRISTINA LAGDAMEO, of legal age, Filipino, and residing at #123
Basak, Taloto, Tagbilaran City, where she may be served with court order and
other processes;
2. Defendants SPS. EPIFANIO LAGDAMEO and MERCEDITA LAGDAMEO, both
of legal age, Filipinos, and are residents of #456 Panglao, Bohol where they may
be served with summons, order and other court processes;
3. Plaintiff is the recognized illegitimate child and sole heir of Oswald Lagdameo
who died on March 2, 2000 and that she has been living with him together with
the defendants.
4. Plaintiff asserts that her father initiated adoption proceedings in order to adopt
her but due to the untimely death of Oswald Lagdameo while on duty as a
member of the Armed Forces of the Philippines, the adoption proceedings did not
come into completion. However, the plaintiff presents an Affidavit that Oswald
Lagdameo had attended the adoption proceedings forum. (Attached is a copy of
the Affidavit of Oswald Lagdameo and the Certification of the DSWD marked as
Annex C and D respectively)

5. The parcels of land, situated in Panglao,Bohol, that is owned by Oswald

Lagdameo is more particularly described, as follows:
TD No. 29-021-0081
Lot No. 2807-Part
Cad-705-D
300 Square Meters
Assessed Value 12,000
Bounded in the North by Lot 1809
In the East by Lot 2379
In the South West by Lot 2374

In the West by Lot 2753

TD No. 29-021-0079
Lot No. 2104-Part
Cad-705-D
275 Square Meters
In the East by Lot 2380
North East by Lot 1809 and Lot 1809
In the South by Lot 1823
6. The parcels of land, situated in Panglao,Bohol, that is under the name of
Santiago Lagdameo, the father of Oswald Lagdameo who died on March 20,
1985 is more particularly described, as follows:
TD No. 29-021-00180
Lot No. 2809-Part
Cad-305-D
700 Square Meters
Assessed Value 15,000
Bounded in the North by Lot owned by Marcelo Arbilo
and Fatima Incog
In the East by Lot owned by Catalino Arancon
In the South by Lot owned by Estefani Estoquia
In the West by Lot owned by Salos Inobongo
7. Herein Defendant, sometime in May 2003 through force and intimidation,
threatened the tenants of the parcels of land in question and refuses to vacate
the same despite repeated oral and written demands. The defendants have also
failed to give the Plaintiff the proceeds from the harvest of the land.
8. Plaintiff claims that she is entitled to the possession of the property of Oswald
Lagdameo since she is the sole heir of her father. ARTICLE 988 of the Civil Code
of the Philippines state that In the absence of legitimate descendants or
ascendants, the illegitimate children shall succeed to the entire estate of the
deceased. With regard to the land owned by her grandfather, Santiago
Lagdameo, the land should also belong to her since the lot in question was
passed on through succession to her father when the Santiago Lagdameo died.
9. Plaintiff asserts that the defendants have recognized that parcels of land
belonged to both Santiago and Oswald, the ascendants of the Plaintiff which is
not denied by the defendants.
10. The action of herein Plaintiff to recover possession over the property is still within
the 30 year prescriptive period of actions over immovable properties as provided
in Article 1141 of the Civil Code of the Philippines.
11. The same acts of the Defendant compelled the Plaintiff to incur damages
consisting of attorneys fees in the amount of
Thirty thousand pesos
(P30,000.00) pesos and filing fee, cost of transportation and other miscellaneous
accommodation of its lawyers and other personal expenses to be incurred in
attending the hearings of this case in the amount of FIFTY THOUSAND PESOS
(Php 50,000.00).

PRAYER
WHEREFORE, premises considered, it is respectfully prayed of this Honorable
Court that, after the proceedings, judgment be rendered in favor of the Plaintiff and
ordering the Defendant and all persons claiming rights under him to:
(a) Permanently VACATE the premises in question and give the immediate right of
possession to the Plaintiff;
(b) Pay plaintiff the amount of Thirty Thousand Pesos (P30,000.00) by way of
attorneys fees and Twenty Five Thousand Pesos (P25,000.00), by way of other
litigation expenses; and,
(c) Pay the cost of this suit.
Plaintiff prays for such other remedies and reliefs as may be deemed just and
equitable under the premises.
November 13, 2014. Tagbilaran City, Bohol

ATTY. LAWRENCE LOUIE G. UY

Counsel for Plaintiff
Tagbilaran City
Roll of Attorneys No. 1234567
IBP No. A-1234567
PTR No. A- 1234567
MCLE No. A-1234567

VERIFICATION AND CERTIFICATION

AGAINST NON- FORUM SHOPPING
I, CHRISTINA LAGDAMEO, of legal age, after being duly sworn to in
accordance with law, depose and attest:
That I am the petitioner in the above-titled case; that I have caused the
preparation of the foregoing petition and understood the contents thereof, and I hereby
declare that all the allegations contained therein are true and correct according to my
knowledge and belief.
Furthermore, I hereby certify that I have not filed nor caused to be filed any other
similar case involving the same issues in the Supreme Court, Court of Appeals or any
other tribunal or agency and that, should there be any other such case/s that may have
been filed, I hereby bind myself to inform the Court of such fact within five (5) days from
the discovery thereof.
IN WITNESS WHEREOF, I have hereunto set our hand this 12th of November
2014, City of Tagbilaran, Bohol, Philippines.

CHRISTINA LAGDAMEO
Affiant
CTC No. 1234565
Issued On: May 4, 2011
Issued At: Quezon City

SUBSCRIBED AND SWORN to before me, in the City of Tagbilaran, this 12th
day of November 2014, City of Tagbilaran, Bohol, Philippines, affiant having ex habited
to me her Drivers License No. 57555 issued at Tagbilaran City, Philippines.

ATTY. LAWRENCE LOUIE G. UY

Notary Public
Tagbilaran City
Roll of Attorneys No. 1234567
IBP No. A-1234567
PTR No. A- 1234567
MCLE No. A-1234567
Doc. No. 1;
Page No. 1;
Book No. 1;
Series 2014.

ANNEX A
Republic of the Philippines
Province of Bohol
Municipality of Panglao
Barangay Libaong
OFFICE OF THE LUPONG TAGAPAMAYAPA
Barangay Case No. 2014-005
For: Ejectment

CHRISTINA LAGDAMEO
Complainant
against

SPOUSES EPIFANIO and MERCEDITA LAGDAMEO

Respondents
CERTIFICATION TO FILE ACTION

This is to certify that:

4. There has been a personal confrontation between the parties before the
Punong Barangay/Pangkat ng Tagapagkasundo;
2. A settlement was not reached despite the best efforts of the Lupon;
4. Therefore, the corresponding complaint for the dispute may now be filed in
Court.
This 26th day of October, 2014
Mrs. Myrna Natividad
Lupon Secretary

Attested:

Brgy. Captain Vincente Lim

Lupon Chairman

ANNEX B
DEMAND LETTER

Mr. Epifanio Lagdameo

Panglao, Bohol
Dear Mr. Lagdameo:
This refers to possession of the parcels of land that are under the names of
Santiago Lagdameo and Oswald Lagdameo that you have usurped and claimed as your
own property despite knowing that the rightful owner of the properties is Christina
Lagdameo.
May I therefore, apprise you that Christina Lagdameo, being the illegitimate
daughter of Oswald Lagdameo, being his sole heir, is the rightful owner of the
properties that you have unlawfully taken.
Wherefore, the foregoing premises considered, the undersigned counsel would
like to make a formal demand for you to do and perform the following acts within fifteen
(15) days from the receipt hereof, otherwise, I will be constrained to seek judicial relief
for the protection of the rights and interests of my client:
1. Vacate the premises of Lot No. 2807-Part, Lot 2104-Part, and Lot No. 2809Part and restore my client, Christina Lagdameo, to the full possession thereof.
2. Pay through this office, the accrued proceeds of the harvest of the land
beginning the January 10, 2000.

I candidly hope that a judicial action shall not be resorted to as you are doubtless
aware that his will only entail useless and unnecessary expenses, not to mention untold
inconvenience due to protacted court litigation. However, if our demand is not heeded
within the allotted period, court action will be initiated without further notice to you.
Please give preferential attention to this matter.

Very truly yours,

ATTY. LAWRENCE LOUIE G. UY

Legal Counsel

ANNEX C

AFFIDAVIT

I, Oswald Lagdameo , Filipino citizen, of legal age, single, and a resident of 123
Panglao, Bohol after having been duly sworn in accordance with law, hereby depose
and say:
1. That Christina Lagdameo, Filipino citizen of legal age, and a resident of
Basak, Taloto, Tagbilaran City, Bohol is my illegitimate daughter.
2. That I have initiate adoption proceedings for the purpose of adopting
Christina to improve her legitimacy.

Further Affiant sayeth none.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 8th day of
July, 1997 in Tagbilaran City, Bohol, Philippines.

Oswald Lagdameo
Affiant
SUBSCRIBED AND SWORN before me this 8th day of July 2014, by Oswald
Lagdameo who exhibited to me his Voters ID No. 12244 issued on .March 5, 1995 at
Panglao, Bohol
ATTY. LAWRENCE LOUIE G. UY
Notary Public
Tagbilaran City
Roll of Attorneys No. 1234567
IBP No. A-1234567
PTR No. A- 1234567
MCLE No. A-1234567
Doc. No. 12;
Page No. 1;
Book No. 1;
Series 1997.

ANNEX D

REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT
TAGBILARAN CITY, BOHOL

CERTIFICATION

To whom it may concern,

This is to certify that Oswald Lagdameo had attended and participated in the
Adoption Forum that was held on January 3, 1997 at the DSWD Office, Tamblot Street,
Tagbilaran City, Bohol for the purpose of adopting his illegitimate daughter, Christina
Lagdameo.

Juan De la Cruz
DSWD Bohol Head

ANNEX E

Republic of the Philippines

7th Judicial Region
METROPOLITAN CIRCUIT TRIAL COURT
DAUIS-PANGLAO
DAUIS,BOHOL

OFFICIAL RECEIPT
This is to certify that the required filing fee of FIVE HUNDRED FIFTY PESOS
(550) has been paid by herein Plaintiff to this honorable court.

ATTY. JOHN CRUZ

Clerk of Court
MCTC Dauis-Panglao