Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Quezon City, Branch_______

Yvonne Adarna
Plaintiff,

-versus- Civil Case No.________

For: Recovery of Possession

Prinsipe Juan
Defendant.
x-------------------------x

COMPLAINT

Plaintiff, through the undersigned respectfully states that:

1. The Plaintiff is of legal age, Filipino, single, and a resident of 5488 JP Rizal St., Quezon City, where
summons and other court processes may be served at the address of the undersigned counsel;

2. The Defendant is of legal age, Filipino, single, and a resident of 126 Lobo St., Barangay Bituin, Quezon
City;

3. The Plaintiff is the registered owner of a parcel of land with improvements located at 123 Lobo St.,
Barangay Bituin, Quezon City covered by Transfer Certificate Title No. 3902, containing a total land area of
Three Hundred Square Meters (300 sq.m.), more or less, and more particularly described as follows

Transfer Certificate Title No. 3902

“A parcel of land (Lot No. 1069), situated in the Barangay of Bituin, Quezon
City, Island of Luzon. Bounded on the SW., along lines 4-5 by Lot 2479; on
the NW., along lines 7-8 by Lot 4567; on the NE., along lines 1-2-3-4 by Lot
490; on the SE., along lines 5-1 by Matalino St.. Containing an area of
Three Hundred Square Meters (300 sq.m.), more or less. x x x”

Which parcel of land above-described has an assessed value of Five Hundred Thousand Pesos (Php
500,000.00), and market value of Seven Hundred Thousand Pesos (Php 700,000.00) as per Tax
Declaration No. 56. A copy of T.C.T. No. 3902 is hereto attached as Annex “A” and made integral part of
this Complaint;

4. Adjoining the Plaintiff’s land on the Northeast side, along lines 1-2-3-4, is Lot No. 126 owned by the
Defendant;

5. The Plaintiff had the said property surveyed sometime around January 2015 and it was discovered that
the Defendant knowingly and unlawfully occupied the portion of the lot owned by the Plaintiff, thus depriving
the Plaintiff of his right of possession over the said property. A copy of the survey here attached as Annex
“B” and made integral part of this Complaint;

6. The Plaintiff informed the Defendant of his intention to use the property and asked the latter to vacate the
premises.

7. Despite repeated demands, Defendant continued to occupy the subject property without plaintiff’s
consent. The last Notice to Vacate was sent to the Defendant on July 12, 2015. A copy of the Notice to
Vacate is hereto attached as Annex “C” and made integral part of this Complaint;

8. Due to the consistent refusal of the Defendant, resort was made to the Barangay Conciliation System on
January 20, 2016. However, it proved futile as defendant refused to appear before the Lupong
Tagapamayapa. A copy of the Certificate to File Action is hereto attached as Annex “D” and made integral
part of this Complaint;

9. As a result of the Defendant’s unlawful occupation of the property, plaintiff suffered actual damages of
One Hundred Fifty Thousand Pesos (php150,000.00) representing the value of the construction materials
wasted as Plaintiff was constrained to stop the construction of his new house. The same act of the
Defendant compelled the Plaintiff to incur damages consisting of attorney’s fees in the amount of
FiftyThousand Pesos (Php 50,000.00) and filing fee, cost of transportation, and other miscellaneous
accommodation of its lawyer in the amount of Fifty Thousand Pesos (Php 50,000.00).

PRAYER

WHEREFORE, premises considered, it is respectfully prays from this Honorable Court that
judgment be rendered in favor of the Plaintiff and ordering the Defendant and all persons claiming rights
under him to:

a. Permanently vacate the said parcel of land in question and give the immediate right of
possession to the Plaintiff;

b. Demolish and/or remove, at his expense, whatever structure he caused to be constructed on the
said parcel;

c. Pay the Plaintiff the sum of Two Hundred Thousand Pesos (Php 200,000.00), for the actual
damages, attorney’s fees and miscellaneous incurred as abovementioned; and

d. Pay the cost of the suit.

Other reliefs that may be just and equitable are likewise prayed for.

Quezon City, Philippines.

20 September 2018

ATTY. BOB UY
Counsel for the Plaintiff
Address:10111 XXX St., Quezon City
Tel. No: (02) 234-000
Email add: bobuy@yahoo.com
Roll of Attorney No. 11334: 09/09/09
IBP No:.22233 / August 2013. Quezon City.
PTR No.:33333 / August June 2013.Quezon City.
MCLE Certificate of Compliance No. 113322
Date of Compliance: 09/09/2012
 VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, YVONNE ADARNA, of legal age, Filipino, single, and a resident of 5488 JP Rizal St., Quezon
City, under oath states that:

1. I am the Plaintiff in the above-entitled Complaint;

2. I have caused the preparation of the foregoing Complaint and understood the contents thereof;

3. I hereby declare that all the allegations contained therein are true and correct according to my knowledge
and belief; and/or on the basis of copies of documents and records in my possession;

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 pending claim therein;

5. If there is such other pending action or claim, a complete statement of the present status thereof;

6. If I should learn that a similar action or proceeding has been filed or is pending before any other court,
tribunal or quasi-judicial agency, I hereby undertake to notify this Honorable Court within five (5) days from
such notice
.
(sgd) YVONNE ADARNA

SUBSCRIBED AND SWORN to before me this 22nd day of September 2018, in Quezon City, Philippines,
by Yvonne Adarna, who exhibited to me her Driver’s License No. 068, issued by Land Transportation Office
on November 11, 2015 in Quezon City with expiration date on November 11, 2020 as competent evidence
of her identity.

ATTY. RESTITUTO PRITO

Notary Public
Commission Serial No. 02241993
Until December 31, 2020
Address:1212 AAA St., Quezon City
Tel. No: (02) 234-777
Roll of Attorney No.242824 / July 2013. Quezon City.
IBP No:.46663 / August 2013. Quezon City.
PTR No.:33333 / August June 2013.Quezon City.
MCLE Certificate of Compliance No. 112
Date of Compliance: 11/11/2012

Doc. No. 01;

Page No. 02;
Book No. II;
Series of 2018.