Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

9th JUDICIAL REGION
Branch _____
Zamboanga City

SUZETTE A TUCAY, CIVIL CASE NO. ________

Plaintiff,

-versus -for-

SPS. AGUANIO & TIERA AIRES, UNLAWFUL DETAINER

Defendants,
x------------------------------------------x

COMPLAINT
COMES NOW PLAINTIFF, through counsel and unto this Honorable Court
most respectfully states:

THE PARTIES

1. That she is of legal age, Filipino, married and a resident of Boalan,

Zamboanga City, where she may be served with notices and other court processes;
2. That defendants spouses are likewise of legal age, Filipinos and
residents of Boalan, Zamboanga City, where they may be served with summons and
other court processes;
3. That plaintiff is the present registered owner and paraphernal owner of
parcel of agricultural land under Certificate of Land Ownership Award no. 123, 456,
the same is hereunder described as follows:
TCT NO. T-143445

A parcel of land (Lot 367-C) of the subdivision plan,

PSD-09-012228,being a portion of Lot 367, Zamboanga Ca.
situated in the Barangay of Boalan, Zamboanga City, Island of
Mindanao, containing an area of TWO THOUSAND AND
SEVENTY FIVE (2,075) SQUARE METERS.

a copy of the tile is hereto attached as Annex A;

4. That the aforesaid property has an assessed value of Php 3,490.00 per
Tax Declaration hereto attached as Annex B;
 5. That plaintiff obtained said property from her adoptive parents who sold
the same to her on April 22, 1997, a copy of the previous title with the annotation of
sale is hereto attached as Annex C;
6. That defendant Tiera Aires is the daughter of Markie Diesto , the latter
being the previous occupant of the subject lot who was allowed by plaintiffs
predecessor in-interest to occupy a portion of the subject lot way back in 1980s as
she has not lot to erect her house aside from the fact that they are relatives;
7. That the occupation of the herein defendant spouses in the subject
property was allowed by plaintiffs predecessor-in-interest under the spirit of
neighborliness and is merely tolerated out of kindness of the latter;
8. That when herein plaintiff acquired ownership over the said property by
virtue of the aforesaid sale, she allowed defendants to continuously occupy the said
property;
9. That however, after eleven (11) years of allowing defendants to enjoy the
use of her property from 1997 to present, plaintiff eventually intended to recover
material possession thereof, hence the privilege or tolerance given unto said
defendants for the previous years is deemed terminated after demand to vacate has
expired. That under the law, acts merely tolerated, no matter how lengthy , does not
affect possession, hence, the same cannot ripen into ownership. Thus Art. 537 of
the Civil Code, Book II provides:

Art 537. Acts merely tolerated, and those executed

clandestinely and without the knowledge of the possessor of a
thing, or by virtue of violence, DO NOT AFFECT POSSESSION.

10. Consequently, a FINAL DEMAND TO VACATE dated October 20, 2008

was sent to herein defendants as evidenced by registry receipt no. 2114, as a settled
rule, once possession is TOLERANCE, it becomes illegal upon demand to vacate.
(Anis vs Aragon, L-4685, April 28, 1951). Considering that the acts of plaintiffs in
allowing defendants to occupy the said property is merely tolerated, defendants are
necessarily bound by an implied promise to vacate upon demand, failing which, an
action for unlawful detainer will lie. (Felix De Guzman Ocampo vs. Fernandez,
G.R. 164529, June 19, 2007). The act of defendants constitutes violation of the
rights an owner to jus utendi and jus possidenti as provided under the law. A copy
of said demand letters is hereto attached as Annex D;
11. That plaintiff was further constrained to elevate the matter to the
Barangay for mediation and conciliation but which eventually failed as defendants
wilfully refused to appear, a copy of the Certificate to File Action is hereto attached
as Annex E;

STATEMENT OF CAUSE OF ACTION

12. That plaintiff has the right to demand the return of her property as an
exercise of a right of a lawful owner to jus vindicandi, at any time as long as the
possession was unauthorized or merely tolerated. This right is never barred by
laches, because, possession by mere tolerance does not start the running of the
prescriptive period. (Herminia Estrella vs. Gregorio Roblews, G.R. No. 171029,
November 22, 2007);
13. That the occupancy of the defendants was at the plaintiffs sufferance
from the enjoyment of the latter right as the true owner, hence, defendants are
considered as possessors in bad faith after demand to vacate within the period
stated in the demand letter expired;
14. That plaintiff needs to resort to judicial process considering that
defendants resisted to surrender the property to herein plaintiff after proper demand
has been made, hence, an accion interdictal for unlawful detainer is one of the
proper remedies provided by law;
15. That the action for unlawful detainer must be within on year from the
time possession becomes unlawful, hence considering that a final demand was
already served to defendants on October 20, 2008, the same is well within the period
to recover, such material possession of the defendants of the subject property
is already UNLAWFUL;
16. That finally, the pure benevolence of plaintiff in allowing herein
defendants to occupy the said property was clothed with fervent and altruistic
character as a good Samaritan, however, such act is not demandable o the part of
the plaintiff, in which the latter may be compelled to fulfil. Moreso, the continues
material possession of the defendants over the said property deprives herein plaintiff
for the enjoyment of the same;
17. That due to defendants adamant refusal to vacate, the subject lot,
plaintiff was constrained to obtain the services of the undersigned counsel for which
she obligated to pay Php 15, 000.00 for attorneys fees and Php1,000.00 per court
appearance;

P R AY E R
NOW WHEREFORE, foregoing premises considered it is most respectfully
prayed of the Honorable Court that after notice and hearing, judgment be rendered in
favour of plaintiff Suzette Tucay and against defendant Sps. Aguanio & Tiera Aires &
other persons staying therein under their care and supervision, ordering them to:
1. Immediately vacate the subject property and to surrender possession
thereof to herein plaintiff;
2. Further indemnify herein plaintiff the amount of FIFTEEN THOUSAND
PESON (Ph[ 15,000.00) as Attorneys fees plus ONE THOUSAND PESOS
(Php1,000.00) per court appearance;
3. The costs of the suit.
Other relief as may be necessary under the premises are likewise prayed for.
RESPECTFULLY SUBMITTED, this ______________ day of December,
2008 at Zamboanga City, Philippines.
The Law Firm
Counsel for Plaintiff
Pilar St., Zamboanga City
Tele(fax): (062) 991-3333
By:

ATTY. KATRINA SANSON

PTR No. 12354; 1-5-2009
Roll No. 912546; 1-08-2008
IBP No. 956875
MCLE No. 11-0001831; 9-9-2008
Zamboanga City
Republic of the Philippines)
City of Zamboanga )S.S.
x----------------------------------x

VERIFICATION/CERTIFICATON

I, SUZETTE A. TUCAY, of legal age, Filipino, married and a resident of

Boalan, Zamboanga City, after having been duly sworn to an oath in accordance with
law, do hereby deposes and states:

1. That I am the plaintiff of the above-entitled cases, that I have caused the
filing of this complaint, and that the facts stated therein are true of my own
personal knowledge and based on authentic records available;

2. That I further certify that I have not commenced any other action or
proceeding involving the same issue in the Supreme Court, the Court of
Appeals, or other different Divisions thereof; or any other court, tribunal or
agency; that to the best of my own knowledge, no such action or
proceeding is pending in the Supreme Court, The Court of Appeals, or
different Divisions thereof, or any tribunal, court or agency except in the
instant complaint against the defendants; and

3. That I undertake that if I should learn that a similar action or proceedings

has been filed or is pending before the Supreme Court, the Court of
Appeals, or different Divisions thereof, or any tribunal, court or agency,
within five (5) days from suck knowledge.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my

signature this ______ day of ____________________, 20___ at Zamboanga City,
Philippines

SUZETTE A. TUCAY
Affiant

SUBSCRIBED AND SWORN to before me this _____ day of ___________,

20___ at the City of Zamboanga, Philippines. Affiant exhibited to me her Community
Tax Certificate bearing no. 24680246, issued on ____________ at Zamboanga City,
Philippines.

ATTY. KATRINA SANSON

PTR No. 12354; 1-5-2009
Roll No. 912546; 1-08-2008
 IBP No. 956875
MCLE No. 11-0001831; 9-9-2008
Zamboanga City

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