Republic of the Philippines

Regional Trial Court

5th Judicial Region
Ligao City
Branch 11

SALLY R. CORTES
Plaintiff
CIVIL CASE NO. 2213
--- versus --- RECOVERY OF POSSESION AND
DAMAGES
OLYMPIO ALMAZAR AND
CLEMENTINA O. ALMAZAR
Defendants

COMPLAINT

PLAINTIFF, thru counsel, to this Honorable Court respectfully

alleges that:

1. Plaintiff Avelina R. Cortes is of legal age, widow, and

capacitated to sue and be sued. She resides at No. 3 Augustus Street B.

F. Resort Village, Las Pinas City where she can be served with

summons and other court processes;

2. Defendants Olympio Almazar and Clementina O. Almazar

are both of legal age, husband and wife, capacitated to sue and be
sued and presently resides at and occupies the house and lot at Sta.

Cruz, Ligao City, Province of Albay at which address defendants can

be served with summons and other court processes;

3. The plaintiff was the original owner of a 450 square meter

vacant lot situated at said residential address of defendant at Sta.

Cruz, Ligao City covered by Transfer Certificate of Title No. T

18910. A photocopy of TCT No. T-18910 is attached as Annex A

and made part hereof;

4. On September 9, 1965 the plaintiff bought the lot from a

certain Antonio Corpus, after which she had the title of the same

transferred to her name;

5. On February 26, 2010, the lot which is covered by Tax

Declaration of Real Property No. 207-02-008-04-064 issued by the

Ligao City Assessors Office has an assessed value P37,500.00;

6. The plaintiff has in her possession the original owners

duplicate of TCT No. T 18910 and a Certified True Copy of Tax

Declaration No. 207-02-008-04-064;

 7. Sometime in 1973, taking advantage of Mrs. Cortess

prolonged absence brought about by the transfer of her residence from

Sta. Cruz, Ligao City to No. 3 Augustus Street, B. F. Resort Village,

Las Pinas City, the defendant spouses Olympio Almazar and

Clementina O. Almazar surreptitiously entered Mrs. Cortess vacant

lot and started occupying the same;

8. On May 14, 2010, plaintiff Avelina Cortes visited Sta. Cruz

Ligao City and discovered the defendant spouses Almazar had not

only intruded unto her lot but they had constructed a house thereon;

9. On May 20, 2010, Contrary to his undertaking to vacate the

subject lot, refused to vacate the same thereby the plaintiff send thru

counsel, a demand letter which was received by the defendant on May

25, 2010 as shown in the registry return receipt hereto attached as

Annex B;

10. At the barangay level, the defendant spouses Almazar said

they would not vacate the lot contending they bought the same for

value from a certain Leonila Severino sometime in 1973;

 11. The reasonable rentals for the use of the subject lot is

P2,000 a month from January 2001 up to the present which

defendant should pay in favour of plaintiff effective until defendant

vacate the subject lot.

12. On July 19, 2010, for failure of the parties to reach a

settlement, the Barangay Chairman issued to Mrs. Cortes a Certificate

to File Action.

13. The unlawful acts of the defendant have caused the plaintiff

undue anxiety, anguish and inconvenience, for which she is entitled to

moral damages in the sum of P100, 000.00.

14. The defendant knew that Leonila Severino did not own the

property, and that the property is owned by the plaintiffs. They should

be ordered to pay exemplary damages in the sum of P50, 000.

15. As a result, the plaintiff is compelled to litigate, and the

defendant must indemnify them for lawyers fees at P50, 000,

appearance fees at P3,000 for each court hearing. They should also

reimburse the plaintiffs for the cost of filing fees;

 16. Plaintiff is entitled to the relief demanded. Under Article

428 second paragraph of the New Civil Code The owner has also a

right of action against the holder and possessor of the thing in order to

recover it.

17. Plaintiff repleads the foregoing material averments.

PRAYER

PREMISES CONSIDERED, IT IS RESPECTFULLY PRAYED

THAT AFTER PROPER PROCEEDINGS JUDGMENT BE

RENDERED AS FOLLOWS:

(A) ORDERING DEFENDANTS TO VACATE THE PARCEL OF

LAND SITUATED AT A RESIDENTIAL AREA IN STA CRUZ,

LIGAO CITY COVERED BY TCT NO. T-18910;

(B) ORDERING DEFENDANTS TO PAY THE RENTALS FOR

THE USE OF THE SUBJECT LOT IN THE AMOUNT OF P 2,000

STARTING JANUARY 2001 UNTIL VACATED;

(C) REQUIRING DEFENDANTS OLYMPIO ALMAZAR AND

CLEMENTINA O. ALMAZAR TO PAY MORAL DAMAGES IN

 THE SUM OF P100 , 000. 00, EXEMPLARY DAMAGES IN THE

SUM OF P50 , 000.00, LAWYERS FEE AT P50 , 000.00, AND

APPEARANCE FEES AT P 3,000.00 PER COURT HEARING.

PLAINTIFF FURTHER PRAYS FOR SUCH OTHER

RELIEFS THIS HONORABLE COURT MAY DEEM JUST AND

EQUITABLE IN THE PREMISES.

August 29, 2010, Ligao City, Albay Province

OLIVIA M. MONTERO
Counsel for Plaintiff
Tierra Pura St., Libon, Albay
Roll of Attorneys No. 42647
PTR No. 3455917/1-3-10/Albay
IBP Lifetime No. 04313/01-13/03
MCLE Compliance No. I-0008992

VERIFICATION AND CERTIFICATION

I, SALLY R. CORTES, Filipino, of legal age, and residing at

No. 3 Augustus Street B. F. Resort Village, Las Pinas City., after

having been sworn in accordance with law, depose and state that:

1) I am the plaintiff the above-mentioned case and have caused the

preparation of the foregoing complaint;

2) I have read and understood the allegations therein and the same are

true and correct of my own personal knowledge and/or based on

authentic records;

3) I attest to the authenticity of the annexes hereof;

4) 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;

5) If there is such other pending action or claim, I will furnish this

Honorable Court with a complete statement of the present status

thereof; and

6) 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 his Honorable Court wherein my aforesaid complaint has

been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this (29), of

(August), 2010 at (Ligao City, Albay), Philippines.

SALLY R. CORTES

AFFIANT
SUBSCRIBED AND A SWORN TO before me on this (29) of

(August ) 2010 at Polangui, Albay; Affiant having exhibited to me her

CTC No. 4793763A issued on June 11, 2010 at Ligao City, Albay

Province

RITA MAURICIO
Notary Public
My Commission expires Dec. 31, 2010
Roll of Attorney No. 39876
IBP LIFETIME MEMBER
PTR No. 7879876, (3-17-10) , (Albay)

Doc. No. 213;

Page No. 43 ;
Book No. 90;
Series of 2010;