Republic of the Philippines

REGIONAL TRIAL COURT

Second Judicial Region
Branch __
Tuguegarao City, Cagayan

HEIRS OF SPOUSES
PAULA BORJA and Civil Case No. _____
MANUEL BORJA, namely: For:
LUMEN VDA. DE Collection of Sum of Money
SCHILLING, AMELIA and Damages with an
ECLAVEA and ELEANOR Application for the Issuance
BORJA MENDOZA, of an Attachment
represented by their
Attorney-In-Fact, ATTY.
MILA CATABAY-
LAUIGAN,
Plaintiffs,

- versus -

ANNIE F. DIGA,
Defendant.
x--------------------------------x

COMPLAINT

Plaintiffs, by counsel, respectfully complain against defendant and for

causes of action respectfully state:

1. Plaintiffs are all of legal ages, Filipinos, presently residing in the

United States of America and herein represented by their Attorney-
In-Fact, FRANCISCO BORJS, who is of legal age, Filipino, married
and a resident of No. 46 Caritan Centro, Tuguegarao City, Cagayan.

1.01 A photocopy of the Special Power of Attorney

executed by plaintiffs in favor of Atty. Mila
Catabay-Lauigan constituting her as their
Attorney-in-Fact is hereto attached and made
integral part hereof as Annex A.

2. Defendant is like wise of legal age, Filipino, presently residing at

No. 12 Zinia Street, Valle Verde II, Pasig City where she may be
served with summons and other court processes.

3. The Spouses Manuel and Paula Borja, predecessors-in-interest of

herein plaintiffs, during their lifetime, owned several properties
including parcels of land situated at Caritan, Tuguegarao City,
Cagayan; Amulung, Cagayan; Solana, Cagayan and Baggao,
Cagayan, among others as well as commercial buildings and
structures built thereat.

4. Upon their death, plaintiffs acquired ownership of said properties

by right of succession as the compulsory heirs of said spouses.

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5. In September, 1992, plaintiffs entrusted the management and
administration of said properties to defendant Annie F. Diga who
became the administrator of the same.

6. As administrator, defendant Annie F. Diga was authorized to collect

rentals for the lease and use of the aforementioned properties by
different lessees.

6.01 Defendant was likewise empowered to demand

and receive from plaintiffs tenants plaintiffs
share in the harvest.

7. During defendants reign as administrator of plaintiffs

aforementioned properties, particularly from September, 1992 up
to November, 1994, defendant collected in behalf of plaintiffs the
amount P1,500,000.00 representing rents and crop proceeds
collected from plaintiffs tenants and/or lessees, land amortization
payments, proceeds of plaintiffs parcel of land sold by defendant
and previous collections turned over by the administrator prior to
defendant.

8. However, contrary to plaintiffs instructions that the said amount be

held by defendant Annie F. Diga in trust for plaintiffs, defendant
failed to turn over the same to plaintiff as well as to plaintiffs
administrator after her, Francisco Borja.

9. Instead, defendant converted and misappropriated said amount

for her own personal benefit.

10. Plaintiffs, through their then administrator after defendant,

Francisco Borja, repeatedly demanded from defendant to account
for said amount which defendant received in trust as administrator
of plaintiffs properties and to turn over said amount to plaintiffs,
but defendant ignored said demands and willfully refused to turn
over the amounts to plaintiffs.

11. Due to defendants deliberate refusal to turn over said amount she
held in trust as the then administrator of plaintiffs properties,
plaintiffs were not able to use said amount for other business
venture thereby resulting in great damage and prejudice to
plaintiffs.

12. Additionally, in view of defendants willful, malicious, unlawful and

felonious act of refusing to turn over the amounts she held in trust
for plaintiffs, knowing fully well that she is not entitled to it,
plaintiffs suffered from sleepless nights, anxiety, mental anguish
and emotional and psychological stress for which defendant should
pay plaintiffs the amount of P200,000.00 as and by way of Moral
Damages.

13. To deter persons from appropriating amounts not rightfully

belonging to them and to serve as an example for the public good,
defendant should pay plaintiffs P50,000.00 as and by way of
Exemplary Damages.

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 14. Moreover, plaintiffs were compelled to engage the services of a
lawyer to protect their rights and interests and to cause the
institution of the present case against defendant for the latters
unjustified refusal to turn over the amount she received as
administrator for an agreed sum of P50,000.00 as Attorneys Fees.

APPLICATION FOR PRELIMINARY ATTACHMENT

Plaintiffs replead the foregoing and in addition thereto state -

15. Defendant is at present trying to dispose of her properties and

intends to depart for the United States with the intent to defraud
herein plaintiffs and prevent them from collecting and recovering
back the amounts misappropriated by defendant.

16. Defendant owns a parcel of residential land located at Zinia Street,

Valle Verde II, Barangay Ugong, Pasig City and covered by Tax
Declaration No. E-030-02100, a photocopy of said TaxDeclaration is
hereto attached and made an integral part hereof as Annex B.

17. In order not to render futile a favorable judgment in plaintiffs favor

considering that defendant is about to dispose of her properties
and intends to depart for the United States, there is a need for this
Honorable Court to issue an Order attaching the aforementioned
residential land of defendant to serve as security for the
satisfaction of the judgment in the instant case in the event that
the same shall be decided in favor of plaintiffs.

18. Plaintiffs are willing and able to post a bond in an amount to be

fixed by the Honorable Court in the event a Writ of Attachment is
ordered.

19. Attached hereto and made an integral part hereof as Annex C is

the Affidavit of Merit of plaintiffs Attorney-in-Fact showing that a
cause of action exists.

WHEREFORE, plaintiffs, by counsel respectfully pray that this

Honorable Court

1. Issue an Order attaching the Valle Verde II residential lot of

defendant, pending the hearing on the merits of the present
case.

2. After hearing on the merits, render judgment in favor of

plaintiffs and against defendant ordering defendant to pay
plaintiffs the following:

P1,500,000.00 representing the amount held by

defendant in trust for plaintiffs as administrator of the
latter;

P200,000.00 as and by way of Moral Damages;

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 P50,000.00 as and by way of Exemplary Damages;

P50,000.00 Attorneys Fee; and

Litigation expenses and costs of suit.

Plaintiffs pray for such other reliefs just and equitable under the premises.

Tuguegarao City, Cagayan.

7 November 2007

ATTY. RAYMOND REYNOLD R. LAUIGAN

MCLE Compliance No. I-0009872
IBP LIFETIME NO. 0930
PTR NO. 1429426
Roll No. 38946