Complaint: Regional Trial Court

Republic of the Philippines
_________Judicial Region
Regional Trial Court
Branch ___________
__________________,
Plaintiff,
-versus- Civil Case No. __________

For: Accion Reivindicatoria
and Damages
_____________________,
Defendant.
x----------------------------------------------x
COMPLAINT
PLAINTIFF, through counsel, and before this Honorable Court,
respectfully alleges that:
I. THE PARTIES:
1.1. Plaintiff is a Filipino Citizen, of legal age, and residing

at _________________________, where she/he may be served
with notices and other court’s processes.
1.2. Defendant __________________ is a Filipino Citizen,

of legal age, and residing at _____________________________,
where he/she may be served with summons, notices and other
court’s processes.
II. STATEMENT OF FACTS:
2.1. The plaintiff is the absolute and registered owner of a

vacant ______ square meter lot situated at a residential area in
_____________________________, now being held by
Defendant;
2.2. The lot is covered by Transfer Certificate of Title (TCT)

No. T-18910 of the Registry of Deeds for the Province of Albay;
certified copy attached herewith and made an integral part hereof
as ANNEX “A”;
2.3. Said lot was purchased by the Plaintiff from a certain

______________ on __________________; photocopy of Deed of
1
Absolute Sale attached herewith and made an integral part hereof
as ANNEX “B”;
2.4. Immediately after acquiring the lot, the Plaintiff had it

fenced with barbed wires around its perimeter; pictures attached
herewith and made an integral part hereof as ANNEXES “C” to
“C-3”;
2.5. The lot is covered by Tax Declaration of Real Property

No. __________________ issued by the ___________ Assessor’s
Office on ____________________, with an assessed value of
_____________________________Pesos (P0.00); certified true
copy attached herewith and made an integral part hereof as
ANNEX “D”;
2.6. Before the end of the year ______, Plaintiff already

transferred from her residence to Manila;
2.7. On _______________, when Plaintiff visited __(former

residence)__________________, she discovered that the
Defendant had not only intruded into her lot but they had
constructed a house thereon; pictures are attached herewith and
made integral part hereof as ANNEXES “E” to “E-3”;
2.8. The Plaintiff made numerous demands, albeit verbally,

for the Defendant to vacate the premises, but to no avail;
2.9. On ______________, Plaintiff, through counsel,

demanded that the Defendant vacate the former’s lot within ten
(10) days from notice; photocopy of the letter is attached herewith
and made an integral part hereof as ANNEX “F”. The Defendant
received the letter on _______________ as evidenced by the
Registry Return Receipt; photocopy of which is attached herewith
and made an integral part hereof as ANNEX “G”;
2.10. On ______________, the Plaintiff, through counsel,

filed a complaint against the Defendant with the Office of the
Barangay Chairman of _________________ City, despite the
rule that such Barangay conciliation proceedings is not a pre-
condition in the filing of cases in the Court considering that
the Plaintiff and Defendants are neither situated in the same
barangay nor they are in adjoining barangays; photocopy of
which is attached herewith and made an integral part hereof as
ANNEX “H”;
2.11. During the conference before the Lupon ng

Tagapagpayapa, the Defendant said they would not vacate the lot
contending they bought the same for value from a certain ABC
sometime in 2006 before they entered the lot, photocopy of the
2
excerpts from the meeting attached herewith and made an integral
part hereof as ANNEX “I”;
2.12. On __________, for failure of the parties to reach a

settlement, the Barangay Chairman issued to the Plaintiff a
Certificate to File Action, photocopy of which is attached herewith
and made an integral part hereof as ANNEX “J”;
III. CAUSES OF ACTION
3.1. Plaintiff seeks to recover the subject lot being held by

the Defendant under the right of an absolute and registered owner;
3.2. Ordinarily, the Plaintiff’s cause of action falls under

Accion Interdictal particularly forcible entry. In forcible entry, one is
deprived of physical possession of any land or building by means
of force, intimidation, threat, strategy, or stealth. Where the
Defendant’s possession of the property is illegal ab initio, the
summary action for forcible entry (detentacion) is the remedy to
recover possession1;
3.3. However, considering that Defendant’s claim

challenges the absolute ownership of the Plaintiff, Accion
Reivindicatoria would be the proper remedy;
Accion reivindicatoria or accion de

reivindicacion is thus an action whereby plaintiff
alleges ownership over a parcel of land and seeks
recovery of its full possession. It is different from
accion interdictal or accion publiciana where
plaintiff merely alleges proof of a better right to
possess without claim of title.2
3.4. In the instant case, the Plaintiff is clearly asserting to

vindicate her exclusive and absolute ownership and not just simply
recovery of possession. Thus, even if an action for forcible entry
succeeded, it will still not result to a complete relief being sought by
the Plaintiff;
3.5. Plaintiff was deprived of all the beneficial use of the

subject lot from the moment the Defendant surreptitiously entered
thereto. Defendant’S possession and occupation should be
charged with reasonable rental fees in the amount of Five
Thousand Pesos (P5,000.00) per month with legal interests,
considering the Plaintiff’s age and her absence of any other means
to support her day to-day needs. Otherwise, the Defendant would
1
Spouses Del Rosario v. Gerry Roxas Foundation, Inc., G.R. No. 170575, June 8, 2011.
2
Serdoncillo v. Fidel, G.R. No. 118328, October 8, 1998.
3
have unjustly enriched and continuously enrich themselves at the
Plaintiff’s expense;
3.6. (actual damages if there is any)
3.7. Plaintiff also suffered sleepless nights, mental anguish,

fright, serious anxiety, besmirched reputation, wounded feelings,
moral shock and social humiliation14 from the said dispossession,
aggravated by the fact that she is already in her advanced age. It
was an unfortunate experience for which no elderly is supposed to
bear. For such prolonged depression, Defendants should be made
to pay the Plaintiff the sum of Fifty Thousand Pesos (P50,000.00)
by way of moral damages;
3.8. By way of example or correction for the public good,

the Defendant should likewise be made to pay the amount of
Twenty Thousand Pesos (P20,000.00) as exemplary damages, to
serve as deterrent to those who might undermine and abuse the
elderly; and
3.9. In view of the foregoing, the Plaintiff was constrained to

retain the services of counsel thereby incurring expenses in the
amount of Fifty Thousand Pesos (P50,000.00) as acceptance
fee, and in addition thereto, a fee of Three Thousand Pesos
(P3,000.00) per court appearance, which amount should be
charged against the Defendants and be made payable to the
Plaintiff as attorney’s fees, including the costs of litigation;
WHEREFORE, it is most respectfully prayed before this

Honorable Court, that after due notice and hearing, judgment be
rendered in favor of the Plaintiff, as follows:
a. Ordering the Defendant, their family, successors,

assignees, heirs and all persons claiming rights under
them to vacate the lot covered by TCT No.
_____________ of the Registry of Deeds for the
Province of _______, and to peacefully turn over the
possession thereof to the Plaintiff;
b. Ordering the Defendants to pay the Plaintiff a

monthly rental fee at the rate of Five Thousand Pesos
(P5,000.00) per month, with legal interests, from date
the former took the property as determined by the
Court until possession is returned to the latter together
with the sum of _________ Thousand Pesos (P0.00),
as actual or compensatory damages;
4
c. Ordering the Defendants to pay the Plaintiff the
amount of Fifty Thousand Pesos (P50,000.00) as
moral damages;
d. Ordering the Defendant to pay Twenty Thousand

Pesos (P20,000.00) as exemplary damages;
e. Ordering the Defendant to pay the Plaintiff attorney’s

fees in the amount of P50,000.00 and P3,000.00 per
court hearing; and
f. Ordering the Defendants to pay the costs of suit.
Other reliefs just and equitable are likewise prayed for.
City of Legazpi, Philippines, 14 September 2020.
__________ LAW OFFICE

(Address)
Tel. No.
________________
Email add: _________________
ATTY. _________________
Counsel for the Plaintiff
PTR No. ______________
IBP No. ______________
Roll of Attorneys No. _____
MCLE Compliance No. ___
Date Issued: ___________
5
Republic of the Philippines)
City of _______ )s.s
VERIFICATION AND CERTIFICATION AGAINST FORUM-

SHOPPING
I, ________________, of legal age, Filipino and a resident of

_________________________, after being sworn to in accordance with
law, hereby depose and state that:
1. I am the Complainant Corporation in the above-entitled case

and I have caused the preparation of the foregoing Complaint;
2. I have read and understood the contents thereof and the
allegations therein are true and correct of my own personal knowledge
and/or based on authentic records;
3. The complaint is not filed to harass, cause unnecessary delay

or needlessly increase the cost of litigation;
4. The factual allegations therein have evidentiary support or, if

specifically so identified will likewise have evidentiary support after a
reasonable opportunity for discovery;
5. I have not commenced any action involving the same issues

in the Supreme Court, the Court of Appeals, or different divisions thereof
or any other tribunal or agency;
6. To the best of my knowledge, no such action or proceeding is

pending in the Supreme Court, the Court of Appeals or any other
tribunal or agency; and
7. If I should learn that an action or proceeding similar to the

present petition has been or is pending before the Honorable Court, the
Court of Appeals, or any other tribunal or agency, I hereby undertake to
report the same within five (5) days to this Honorable Court.
IN WITNESS WHEREOF, I hereunto affixed my signature this

____ day of ______ 2020 at ____________.
_________________
Affiant
ID No. ___________
6
SUBSCRIBED AND SWORN to before me this __day of _____
2020 at __________, Philippines, affiant exhibiting to me her
Identification Number as indicated above.
NOTARY PUBLIC
Doc. No.:__________;
Page No.:__________;
Book No.:__________;
Series of 2020.

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Republic of the Philippines

-versus- Civil Case No. __________

1.1. Plaintiff is a Filipino Citizen, of legal age, and residing

1.2. Defendant __________________ is a Filipino Citizen,

II. STATEMENT OF FACTS:

2.1. The plaintiff is the absolute and registered owner of a

2.2. The lot is covered by Transfer Certificate of Title (TCT)

2.3. Said lot was purchased by the Plaintiff from a certain

2.4. Immediately after acquiring the lot, the Plaintiff had it

2.5. The lot is covered by Tax Declaration of Real Property

2.6. Before the end of the year ______, Plaintiff already

2.7. On _______________, when Plaintiff visited __(former

2.8. The Plaintiff made numerous demands, albeit verbally,

2.9. On ______________, Plaintiff, through counsel,

2.10. On ______________, the Plaintiff, through counsel,

2.11. During the conference before the Lupon ng

2.12. On __________, for failure of the parties to reach a

III. CAUSES OF ACTION

3.1. Plaintiff seeks to recover the subject lot being held by

3.2. Ordinarily, the Plaintiff’s cause of action falls under

3.3. However, considering that Defendant’s claim

Accion reivindicatoria or accion de

3.4. In the instant case, the Plaintiff is clearly asserting to

3.5. Plaintiff was deprived of all the beneficial use of the

3.6. (actual damages if there is any)

3.7. Plaintiff also suffered sleepless nights, mental anguish,

3.8. By way of example or correction for the public good,

3.9. In view of the foregoing, the Plaintiff was constrained to

WHEREFORE, it is most respectfully prayed before this

a. Ordering the Defendant, their family, successors,

b. Ordering the Defendants to pay the Plaintiff a

d. Ordering the Defendant to pay Twenty Thousand

e. Ordering the Defendant to pay the Plaintiff attorney’s

f. Ordering the Defendants to pay the costs of suit.

Other reliefs just and equitable are likewise prayed for.

City of Legazpi, Philippines, 14 September 2020.

__________ LAW OFFICE

VERIFICATION AND CERTIFICATION AGAINST FORUM-

I, ________________, of legal age, Filipino and a resident of

1. I am the Complainant Corporation in the above-entitled case

3. The complaint is not filed to harass, cause unnecessary delay

4. The factual allegations therein have evidentiary support or, if

5. I have not commenced any action involving the same issues

6. To the best of my knowledge, no such action or proceeding is

7. If I should learn that an action or proceeding similar to the

IN WITNESS WHEREOF, I hereunto affixed my signature this

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2.7. On _____________, when Plaintiff visited (former