Sample Pleading

1
REPUBLIC OF THE PHILIPPINES

5TH JUDICIAL REGION
MUNICIPAL TRIAL COURTS IN CITIES
LIGAO CITY
CARIDAD A. REYES,
Plaintiff
-versus-
Civil Case No. _____________

For Recovery of Possession of
Real Property
SPOUSES CELESTINO P. PINTOR

And GUADALUPE S. PINTOR,
Defendants
x------------------------------------------------------------x
COMPLAINT
PLAINTIFF, respectfully alleges through counsel and through this

Honorable Court:
1.)
Plaintiff is of legal age, widow, Filipino and a resident of No. 3
Augustus Street, B.F. Resort, Las Pias City.

2.)
Defendants, Celestino P. Pintor and Guadalupe S. Pintor, are
husband and wife, both are of legal age, Filipinos and residents of Sta. Cruz, City
of Ligao, where they may be served with summons and other court processes.
3.)
Plaintiff is the absolute and registered owner of a vacant parcel of
land measuring four hundred and fifty square meters (450 m2) covered by
Transfer Certificate of Title (TCT) No. T-18910. The subject was lot acquired by
plaintiff by purchase from certain Ramon S. Go on September 9, 2005.
4.)
The subject property is likewise covered by Tax Declaration of
Real Property No. 207-02-008-04-064 issued by the Assessors Office of the City
of Ligao on December 15, 2012 with an assessed value of thirty-seven thousand
five hundred pesos (37,500.00). Photocopies of the aforementioned TCT and
Tax Declaration are attached herewith as Annexes A and B, respectively.
5.)
That sometime in 2006, because the property was unguarded
attributed to the change of residence of plaintiff from Ligao City to Las Pias
City, Metro Manila, defendants surreptitiously and through stealth, entered the
subject property and took possession thereof. A house was also erected by the
defendants without the consent or knowledge of plaintiff.
6.)
That the legal counsel under the authority of plaintiff demanded
from the defendants to vacate the property through a letter dated October 5, 2013;
the said letter was received by the defendants on October 11, 2013 as evidenced
by Registry Return Receipt. However despite such demand, defendants failed to
vacate the land and continue to possess the same.
7.)
That sometime in November 2013, plaintiff filed a complaint for
ejectment against defendants before the Office of the Barangay Chairman of Sta.
Cruz. Ligao City. The arbitration with the Lupon ngTagapagpayapa was proved
futile because plaintiff and defendants failed to reach a settlement. Defendants
insisted on their right to the subject property and hence sometime in December
2013, the Barangay Chairman issued a Certificate to File Action, photocopy of
which is attached herewith as Annex C.
8.)
Because of the Defendants contumacious attitude in continuing to
possess the subject property despite the valid demand of Plaintiff, the latter was
compelled to institute this instant action and engage the service of a legal counsel
thus incurring litigation expenses and expenses for attorneys fees in the sum of
50,000.00.
PRAYER
WHEREFORE, after due consideration, the plaintiff humbly and

respectfully prays for the following:
1.) That defendants be ordered to vacate and surrender the
possession and full control of the subject property covered by
TCT No. T-18910 marked herein as Annex A to the
plaintiff;
2.) That defendants be ordered to pay the plaintiff the sum of
50,000.00
as and by way of litigation expenses and
attorneys fees;
3.) That defendants be ordered to pay the cost of suit.
4.) Other just and equitable reliefs under the circumstances.
Makati City, January 25, 2014.
BON GERARD D. ASCAO

Counsel for Plaintiff
305 EGI 1, Mola St., La Paz, Makati City
PTR No. 9087675/1-10-14/Makati City
Roll of Attorneys No. 88888
IBP No. 745097/12-17-13/Makati City
MCLE No. III-001123
September 2, 2013/ Pasig City
VERIFICATION
I, CARIDAD A. REYES, of legal age, Filipino and resident of No. 3

Augustus Street, B.F. Resort, Las Pias, avers under oath that:
1. I am the plaintiff in the above titled case;
2. I caused the preparation of the foregoing Complaint;
3. All material allegations therein are true and correct of my
personal knowledge or based on authentic records.
CARDIDAD A. REYES
SUBSCRIBED AND SWORN to before me this ____________ day of

January, 2014, affiant exhibiting his CTR No. ____________________, issued
on _________________________, at _____________________________.
Doc. No._______
Page No. _______
Book No._______
Series of 2014
CERTIFICATION
I, CARIDAD A. REYES, of legal age, Filipino and resident of No. 3

Augustus Street, B.F. Resort, Las Pias, avers under oath that:
1. I am the plaintiff in the above titled case;
2. 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;
3. Should I hereafter learn that the same or similar action or claim
has been filed or is pending before any court, tribunal or quasijudicial agency, I undertake to report the said fact within five
(5) days from such knowledge to this Honorable Court.
CARDIDAD A. REYES
SUBSCRIBED AND SWORN to before me this ____________ day of

January, 2014, affiant exhibiting his CTR No. ____________________, issued
on _________________________, at _____________________________.
Doc. No._______
Page No. _______
Book No._______
Series of 2014

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1

REPUBLIC OF THE PHILIPPINES

Civil Case No. _____________

SPOUSES CELESTINO P. PINTOR

PLAINTIFF, respectfully alleges through counsel and through this

Plaintiff is of legal age, widow, Filipino and a resident of No. 3

Augustus Street, B.F. Resort, Las Pias City.

Defendants, Celestino P. Pintor and Guadalupe S. Pintor, are

Plaintiff is the absolute and registered owner of a vacant parcel of

The subject property is likewise covered by Tax Declaration of

That sometime in 2006, because the property was unguarded

That the legal counsel under the authority of plaintiff demanded

That sometime in November 2013, plaintiff filed a complaint for

Because of the Defendants contumacious attitude in continuing to

WHEREFORE, after due consideration, the plaintiff humbly and

as and by way of litigation expenses and

3.) That defendants be ordered to pay the cost of suit.

4.) Other just and equitable reliefs under the circumstances.

Makati City, January 25, 2014.

BON GERARD D. ASCAO

I, CARIDAD A. REYES, of legal age, Filipino and resident of No. 3

SUBSCRIBED AND SWORN to before me this ____________ day of

I, CARIDAD A. REYES, of legal age, Filipino and resident of No. 3

SUBSCRIBED AND SWORN to before me this ____________ day of

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