COMPLAINT

COMES NOW, Plaintiff assisted by the undersigned counsel, unto this Honorable Court

most respectfully states:

1. That plaintiff Remegio C. Letrero is of legal age, married to Josephina A. Letrero

and a resident of Kalawag III, Isulan, Sultan Kudarat, where he may be served

with summons and process of the Honorable Court;

2. That the defendant, Barangay Busok is a local government unit, a barangay of

Municipality of Bagumbayan, Province of Sultan Kudarat with office and postal

address at Busok, Bagumbayan, Sultan Kudarat, whereas James Hallegado is

being impleaded in his official capacity as Barangay Chairman of Brgy. Busok, of

legal age, married and a resident od Busok, Bagumbayan, Sultan Kudarat where

may be served with summons and process of Honorable Court;

3. That on April 12, 2005, plaintiff acquired possession over lot No. 60 CAD1126-D

containing an area of 17.6233 hectares situated at Brgy. Kinayap, Bagumbayan,

Sultan Kudarat by way of Deed of Absolute Transfer of Right executed by

Reymundo A. Sillo, the transferor and the plaintiff as the transferee. The Absolute

of Right and the Certification of Rodillo S. Castillo, the Municipal Assessor are

hereto attached as Annexes ”A” and “B”, respectively;

4. That after the latter acquired possession of the aforementioned property, the

plaintiff subdivided said area into Five (5) lots and assigned Lot 60-C with an area

of 50,155 square meters to Pedro C. Letrero; 40,155 square meters in favor of

Ebith C. Letrero indentified as Lot 60-A; and Lot 60-B consisting an area of

40,155 square meters to Rustom C. Letrero. The Deed of Absolute Transfers of

Rights executed by the plaintiff on their favor on March 12, 2009 are hereto

attached as Annexes “C”, “D” and “E”, respectively. Lot 60-D, with an area of

9,999 square meters is allotted to as nature reservation. Plaintiff retains Lot 60-E

with an area of 41,561 square meters. The subdivision plan of Lot 60 is hereto

attached as Annex “F”;

5. That before the survey was conducted on Lot 60, a joint Agreement dated August

11, 2006 was executed by Kagawad Areil Fano and Edilberto Falsario of

Barangay Busok; Kagawad Rene Robles of Kinayao; Merlina Benal and Col

Remegio Letrero. A copy of the Joint Agreement is hereto attached as Annex

“G”;

6. That even before the properties were assigned to the above-mentioned transferees,

the latter and the plaintiff had already planted African Palm Oil and introduce the

improvement thereat;

7. That on April 14,2009, Renato S. Sinahan, D.P. Land Inspector of the Office of

Community and Natural Resources Office XII-5A submitted a report of his ocular

inspection, hereto attached as Annex “H”, a portion of which states, thus:

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 That during the time of Ocular inspection conducted by the undersigned

(Sinahan) in the premises of the Lot, it was found out that Remegio Letrero is in

actual possession and occupation of land and introduced considerable

improvements thereon by planting Palm Oil; and water reservoir was then

constructed within his are.And the same also to the transferees Pedro Letrero,

Jr., Ebith C. Letrero and ERustom C. Letrero they are one in actual possession

and occupation over their distinct portion and developed the same for

agricultural purpose.

That the land sought to be surveyed is undecreed a portion of Alienable and

Disposable (Agricultural Zone) as established by Forest Development or DENR;

has not been reserved for public or quasi-public purpose x x x x x

8. That on October 29, 2009, original certificate of titles were issued to Pedro

Letrero, Jr.; Ebith Letrero; Rustom Letrero and to the plaintiff, copies of which

are hereto attached as Annexes “I”, “J”, “K”, and “L”, respectively;

9. That on January 15, 2009, at around (:00 o’clock in the morning at Lot 60-E,

owned by the plaintiff, a subdivided portion of Lot 60, situated at Brgy. Kinayao,

Bagumbayan, Sultan Kudarat, Gilcerio Benal, Jerry Benal, Epifanio Mirasol,

Jerry Armada, Eddie Madera, Marlon Juadiong with direct instruction from Brgy.

Chairman James Hallegado destroyed the drinking tub of animals constructed by

the plaintiff inside the African Palm Oil Plantation without judicial order or

consent of the latter. The pictures of the destroyed tub as Annex ‘M” and “M-1”

and the affidavit of the police investigator/photographer is hereto attached as

Annex “N”;
10. That after destroying the drinking tub, Barangay Busok, through its Brgy.

Chairman James Hallegado, constructed thereat a concrete water tank to supply to

the residents of Barangay Busok without the consent of the plaintiff or judicial

order;

11. That when the plaintiff summoned Glicerio Benal, Jerry Benal, Epifanio Mirasol,

Jerry Armada, Eddie Madera, Marlon Juadiong and James Hallegado before the

Office of the Brgy. Chairman of the Kinayao, Bagumbayan, Sultan Kudarat to

have a confrontation as regards their entry and malicious destruction of the

plaintiff’s property, Kagawad Noli Hallegado, a barangay kagawad intimated that

the area where the drinking tub was built has been the target location for the water

system project of Barangay Busok. A copy of the minutes of the meeting before

the Brgy. Chairman of Kinayao is hereto attached as Annex “O”;

12. That the plaintiff found ‘out lately that Brgy. Busok on December 2, 2001 passed

Resolution No. 18-02 for the spring development or for Potable Water System

(PWS) at San Jose, Brgy. Busok, Bagumbayan, Sultan Kudarat. On July 10, 2008,

the Sangguniang Bayan of Bagumbayan, Sultan Kudarat passed Resolution No.

2008-4 and the Appropriation Ordinance wasthereafter passed appropriating the

sum of ONE HUNDRED THOUSAND PESOS (P 1000,000.00) for the

construction of Potable Water Reservoir in San Jose, Brgy. Busok, Bagumbayan,

Sultan Kudarat. Copies of Barangay Resolution No. 18-02 and SB Resolution

and/or ordinance are hereto attached as Annexes “P” to “P-1” and “Q” to “Q-

2”;
13. That it is clear that the Potable Water System should be constructed at San Jose,

Busok and not at Kinayao, Baygumbayan, Sultan kudarat based on the Municipal

Ordinance and Certification issued by the Municipality Assessor Rodillo S.

Castillon;

14. That that said concrete water tank is issued as storage of potable water for the

residents of the Brgy. Busok and the same potable water system project

mentioned in the barangay resolution and municipal ordinance and said project

was implemented by Barangay Busok through its Barangay Chairman James

Hallegado;

15. That the area on which the drinking tub was situated and the concrete water tank

or the Potable Water System Porject of Barangat Busok was constructed at the

property of the plaintiff in kinayao, Batgumbayan, Sultan Kudarat, despite of the

fact the ordinance clearly show that the same should be constructed at san Jose,

Busok, Bagumbayan, Sultan Kudarat;

16. That Barangay Busok took possession of a portion of the property of the plaintiff

by means of stealth and strategy through Barangay Officers;

17. That the surreptitious and stealthy entry and occupation and possession of a

portion of Lot 60-E deprives the plaintiff of his property;

18. That on the same date they destroy the drinking tub of animals, Florentina letija

actually saw them. The affidavit of the former is hereto marked as annex “R”.

Said drinking tub of animals was constructed by Rolando Lentija, hereto attached

is the affidavit of the latter as Annex “S”;

19. That there is no expropriation proceeding for the determination of just

compensation prior to the taking and occupation of the property nor there has

been a just compensation tendered to the plaintiff, neither there has been any

agreement considering that Barangay Busok is a government entity and the

project is for public use and purpose;

20. That the Barangay Chairman of Busok, James Hallegado gravely abused his

power by constructing a permanent structure without the consent of owner or any

legal authority to do so;

21. That the stealthy entry, possession and occupation of the property has crated an

irreparable injury considering that he has been deprived of possession, ownership

and enjoyment of thereat, which likewise made him to suffer loss of income by

reason that, prior to the deprivation of the area, the plaintiff have been the same as

drinking tub for animals;

22. That the plaintiff losses right opf enjoyment and possession over the property

which should be rightfully enjoyed by the plaintiff and the security of the African

Oil Plantation is at stake by reason of the ingress and egress of some residents of

Barangay Busok and its Barangay Officials;

23. That the constructed of the water tank at the plaintiffs property gives much weight

on his shoulder by reason that blames and cases may be directed to him should

there be an incident or cases of illness resulted from the drinking of the water

derived thereat;

24. That due to the malicious and stealthy entry of the Officers of Barangay Busok

and the taking of possession, it has caused the plaintiff to suffer sleepless nights,
 serious anxiety, which if rebounded into monetary consideration as moral

damages in the amount of TWENTY THOUSAND PESOS (20,000.00);

25. That the value of the drinking tub that was destroyed which cost the plaintiff in

the construction thereof in the amount of THREE THOUSAND FIVE

HUNDRED (P3, 500.00), as actual damages;

26. That the defendant should be corrected to serve as antidote against the

commission of similar acts in the future and for his purpose, as exemplary

damages of TWENTY THOUSAND PESOS (P20,000.00);

27. That due to the grave ignorance of the law and grave abuse of power and

authority of the Brgy. Chairman of Busok an exemplary damages be likewise

imposed against in the amount of TWENTY THOUSAND PESOS (P20,000.00);

28. That due to the utter violation of the rights of the plaintiff, the latter were

constrained to hire the services of a counsel in the agreed fee of TEN

THOUSAND PESOS (P 10,000.00) as attorney’s fee and TWO THOUSAND

PESOS (P2,000.00) as appearance fee every hearing;

PRAYER

WHEREFORE, Premises considered, it is respectfully prayed of the Honorable Court

after notice and hearing that judgment be rendered as follows:

1. Ordering the defendant to vacate from Lot 60-E located at Brgy. Kinayao,

Bagumbayan, Sultan Kudarat;

2. Ordering the defendant to refrain from operating the potable water system

project constructed thereat and supplying water to the resident of Brgy. Busok;
 3. Ordering the defendant to remove the concrete water tank at their expense;

4. Ordering the defendant to pay the plaintiff in the amount TWENTY

THOUSAND PESOS ( P20,000.00) as moral damages;

5. Ordering the defendant to pay the plaintiff in the amount of THREE

THOUSAND FIVE HUNDRED PESOS (P3,500.00) as actual damages;

6. Ordering the defendant to pay the plaintiff in the amount of TWENTY

THOUSAND PESOS ( P 20,000.00) as exemplary damages;

7. Ordering the Brgy. Chairman of Busok to pay the plaintiff in the amount of

TWENTY THOUSAMND PESOS (P20,000.00) as exemplary damages;

8. Ordering the defendant to pay the plaintiff in the amount of TEN

THOUSAND PESOS (P10,000.00) as attorney’s fees and TWO THOUSAND

PESOS (P2,00.00) fro every hearing.

Other relief as are just and equitable under the premises are likewise prayed for.

ANSWER

COMES NOW the defendant in the above-entitled case, through counsel, most

respectfully files this answer before this Honorable Court and avers that:

1. The defendant, thru its representative, received the summons dated December 16,

2009 for the above captioned case on January 4, 2010 giving it ten )10) days from
 receipt of the summons or until January 14, 2010 within which to serve its

answer to the Plaintiffs complaint and file the same to the Honorable Court;

2. The defendant admits the allegations in paragraphs 2 and 3 of the compliant

relating to the personal circumstances of the parties in the above-entitled case;

3. The defendant denies the allegations set Forth in paragraphs 3 and 4 for lack of

knowledge or information sufficient to form a belief as to its veracity;

4. the agreement adverted to in paragraph 5 was only executed by Mrs. Merlinda E.

Benal and the Plaintiff, the Kagawads mentioned therein were witnesses to such

agreement, however, the survey made subject of the agreement was executed

without the knowledge and participation of the defendant. Which it hereby

questions the veracity of the result of such survey, if indeed executed;

5. For lack of knowledge and information sufficient to form a belief as to veracity of

the averment in paragraph 6 of the complaint that the plaintiff had already planted

African Palm Oil and introduced improvements thereat, and therefore, denies it’

6. Paragraphs 7 and 8 are also denied for lack of knowledge sufficient to form a

belief;

7. The defendant vehemently denies allegations in paragraph 9 of the compliant that

the Brgy. Chairman James Hallegado had given instruction to the persons named

therein to destroy the drinking tub of animals owned by the Plaintiff;

8. The defendant denies allegations in paragraph 10 of the complaint about

destroying the drinking tub, but admits the construction of a concrete water tank

to supply water to the residents of Brgy. Busok, but the same is within the Land of
 Merlina E. Benal situated in San Jose, Barangay Busok, and outside plaintiff’s

property;

9. The defendant admits allegation in paragraph 11 of the complaint regarding

confrontation at the office of the Brgy. Chairman of Brgy. Kinayao where the

right of Brgy. Busok was asserted to construct concreter water to the residents of

Barangay Busok as the site being located in the land owned by Mrs. Merlina

Benal situated at Sitio San Jose, Barangay Busok, Bagumbayan, Sultan Kudarat;

10. Defendant admits allegations contained in paragraphs 12, 13 and 14, about the

water tank project and maintained that the water tank was constructed outside the

property of Plaintiff and hereby adopts Annexes “P” to “P-!” and “Q” to “Q-2” of

the complaint as its Annexes “1” to “1-A” and “2”, “2-A” and “2-B”,

respectively;

11. Defendant denies the allegation in paragraph 15 of the complaint, the fact being

that the constructed concrete water tank or Potable Water System of Brgy. Busok

is within Sitio San Jose, Barangay Busok and outside the property of Plaintiff as

found out in an impartial investigation conducted and as reported by the

Committee on Laws, Legal matters, Rules and privileges of the Sangguniang

Bayan of Bagumbayan, I its report No. 01 dated March 10, 2009, copy of which is

hereto attached and marked Annexes “3-A” and “3-B”, being the action taken on

the compliant of Brgy. Chairman James Hallegado dated February 3, 2009 filed

with the aforesaid committee, copy of which is hereto attached as Annex “4” to

form part of this answer;

12. Defendant denies, the truth of the allegation in paragraph 16, 17 and 18 of the

complaint for lack of knowledge to form a belief, the truth of the matter being that

the proposed and agreed relocation survey on April 4, 2009 was not done to

disagreement and a conference was set on April 21, 2009 to possibly patch up the

misconception and disagreement but nothing was reach because plaintiff stood

pat on his position as reported by the committee in its second report dated April

21, 2009, copy of which is hereto attached and marked Annexes “5”, “5-A and

“5-B” to form part of this answer;

13. Defendant admits allegation in paragraph 19 of the compliant and hold that no

need to do the same considering that the location of the water tank is in Sitio San

Jose, Busok within the declared public land and watershed protection and due to

the adamant attitude of the plaintiff the Brgy. Chairman James Hallegado filed a

very Urgent Request for Assistance dated may 18, 2009 with the public

Assistance Office, Office of the deputy Ombudsman for Mindanao at Davao City

copy of which is hereto attached and marked Annexes “6-A” and 6-B” to form

part hereof

14. defendant denies the allegation contained in the paragraphs 20, 21, 22 and 23 for

lack of basis in truth and fact;

15. Defendant denies the allegations in paragraph 24,25, 26, 27 and 28 for being

baseless and not justified to claim such amount of damages.

COUNTERCLAIM
 The defendant incorporates by way of reference all foregoing allegations

and as counterclaim avers that:

16. Due to this baseless and malicious complaint, defendant’s representative suffered

serious anxiety, sleepless nights, social humiliation and besmirched reputation,

which him to an award for moral damages in the sum of One Hundred Thousand

(P100,000.00) pesos;

17. In order to deter others form further doing similar acts in the future, the plaintiff

should be assessed exemplary damages in the sum of Fifty Thousand

(P50,000.00) pesos;

18. Defendant had already spent an initial sum of Ten Thousand (P10,000.00) pesos

to gather evidences by the plaintiff of the same.

RELIEF

WHEREFORE, it is most respectfully prayed that judgement be rendered in favor of

the defendant and against the plaintiff:

1. Ordering the plaintiff to pay the defendant the sum of P10,000.00 as moral

damages;

2. Ordering the plaintiff to pay the defendant P50,000.00 as exemplary damages;

3. Ordering the plaintiff to reimburse the defendant P10,000.00 as expenses

incurred; and

4. Defendants prays for such relief’s as may be deemed just and equitable under the

premises.
 REPECTFULLY SUBMITTED, Isulan (for Bagumbayan), Sultan Kudarat, January

14, 2010.