Possession LW

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT

Branch ____
Jojo a. estrada
, represented by his wife, Princess pilove
G. Estrada,
Plaintiff, Civil Case No. _________
For: Recovery of Ownership and
-versus- Possession with Damages
MRS squatter,
Defendant.
x--------------------x
COMPLAINT
COMES NOW, plaintiff jojo a. estrada, represented by her wife, Princess pilove G. Estrada, and
assisted by the Public Attorney’s Office, unto this Honorable Court, most respectfully states that:
PARTIES
1. Plaintiff Jojo A. Estrada is a Filipino, of legal age, married and a resident of Diego Silang, Diffun,
Quirino, where he may be served with notices, orders and other processes by the Honorable Court. He
is represented by his wife, Princess Pilove G. Estrada, a Filipino, of legal age, married and a resident at
the same address as that of plaintiff through a “Special Power of Attorney” (hereto attached as Annex
“A”). The fact of the celebration of their marriage on 15 MAY 2012 is supported by a photo static copy
of their “Marriage Contract”, which was issued by the Philippine Statistics Authority (hereto attached
as Annex “B”);
2. Defendant Mrs. Squatter is likewise a Filipino, of legal age, widow and a resident Purok 1,Andress
Bonifacio Diffun Quirino, where she may be served with notices, orders and other processes by the
Honorable Court;
FACTUAL ANTECEDENTS AND CAUSES OF ACTION
3. On 11 January 2019, plaintiff bought a parcel of land situated at Purok 1, Andress Bonifacio Diffun
Quirino, which has a total lot area of approximately 145 square meters, from the SUNRISE HOUSE INC.
an association duly organized and existing under and by virtue of the laws of the Philippines and holds
office at L. Manzano, Santiago City. The said parcel of land is registered under the Torrens system and
is covered by Transfer Certificate of Title No. V-91301. The sale is evidenced by a duly notarized “Deed
of Absolute Sale” (hereto attached as Annexes “C” to C-1”);
4. In view of the aforementioned sale, Transfer Certificate of Title No. V-91301 was cancelled and
Transfer Certificate of Title No. 013-2016000595 was issued in the name of herein plaintiff (hereto
attached as Annexes “D” to “D-1”);
5. On 16 September 2016, a “Verification Plan” of Andress Bonifacio , Pcs-13-002466 in Diffun was

prepared by Geodetic Engr. Jayden L. Santos for SUNRISE HOUSE INC. (hereto attached as Annex “E”).
In accordance therewith, defendant, who is assigned Purok 1, Andress Bonifacio Diffun Quirino
encroached on the property of herein plaintiff, which is located at Andress Bonifacio Diffun Quirino .
The encroached area is nineteen (19) square meters, more or less;
6. Inasmuch as plaintiff and defendant reside in the same barangay plaintiff’s wife,Princess Pilove G.
Estrada, then instituted a complaint in the Office of the Punong Barangay of Andress Bonifacio,. A
series of hearings were then conducted through the intercession of the pangkat and the lupon in the
said barangay. Nevertheless, the parties failed to muster a compromise. The certificate to file action, as
well as the notices and minutes of all the hearings, which were held before the lupon, are hereto
attached as Annexes “F” to “F-16”;
7. Princess Pilove G. Estrada sought legal assistance from the Public Attorney’s Office relative to her
desire to recover the ownership and possession of the area encroached by the defendant. Plaintiff and
defendant were invited to attend pre-litigation conference on 3 april 2020, 6 April 2020, 8 April 2020
and 10 April 2020, as evidenced by notices therefor which are hereto attached as Annexes “G” to “G-
3”. The same was unsuccessful, however, as at that time the parties could not arrive at an amicable
settlement. This prompted the transmittal of a demand letter (hereto attached as Annex “H”) through
registered mail to the defendant on 26 April 2020. Said letter was received by the defendant herself
based on the registry return therefor, as well as a certification from the Diffun Post Office (hereto
attached as Annexes “I” and “J”, respectively);
8. On 2 May 2020, Princess Pilove G. Estrada and the defendant appeared anew before the Public
Attorney’s Office to formalize in written form their verbal agreement with respect to the disputed
property. On the same date, the parties then signed a “Kasunduan” (hereto attached as Annexes “K”
to “K-2”) in accordance with which the defendant, on one hand, agreed to have the wall of her house
collapsed, and have it rebuilt and positioned so that it will no longer encroach on the property of the
plaintiff while Princess Pilove G. Estrada , on the other hand, agreed to shoulder a total of one
thousand (2, 000) hollow blocks for the reconstruction of defendant’s wall;
9. Subsequently, defendant had a change of mind, asserting that the findings in the “Verification Plan”
could not be relied upon as it differed with the result of the land survey which was allegedly previously
commissioned by PIDABI;
10. Thus, on 12 May 2020, a final demand letter (hereto attached as Annex “L”) was sent to the
defendant at her given address through registered mail. This was received by her son, Francis Sanrow
Estrada, on 26 May 2020, as evidenced by the registry return the for, as well as a certification from the
Valenzuela Central Post Office (hereto attached as Annexes “M” and “N”, respectively). Based on the
final demand letter the defendant was given a non-extendible period of fifteen (15) days from receipt
thereof within which to comply with the above-adverted “Kasunduan”, otherwise, an appropriate
action shall be filed against her in court;
11. The jurisdiction of the court over an action involving title to or possession of land is determined by
the assessed value thereof in accordance with Section 33 of Batas Pambansa Bilang 129, as amended
by Republic Act No. 7691, otherwise known as “The Judiciary Reorganization Act of 1980”, as amended;
12. The assessed value of the land owned by plaintiff, which is situated at Purok 1, Andress Bonifacio
Diffun, Quirino, for the period covering January, 2020 to December, 2020 is P10,100.00, in consonance
with the “Statement of Account”, dated 6 January 2020, issued by the Real Property Tax Division of the
Office of the City Treasurer of the City Government of Santiago for herein plaintiff (hereto attached as
Annex “O”). Thus, the instant action falls under the jurisdiction of the Municipal Trial Court;
13. As a result of the unwarranted and unjustified refusal of the defendant to remove the
encroachment on the property owned by plaintiff the latter was compelled to file the instant action, to
litigate and to incur expenses and cost of suit. He also suffered sleepless nights and serious anxiety for
which reason he is entitled to moral damages in the sum of P130,000.00. Furthermore, to set an
example to others, who are similarly situated, plaintiff is also entitled exemplary damages in the
amount of P80,000.00; and
14. Plaintiff and Princess Pilove G. Estrada are indigent, as evidenced by certificates of indigency
which were individually issued in their name by the “Tanggapan ng Sangguniang Barangay” of Diffun,
as well as the Diffun Social Welfare and Development Office (hereto attached as Annexes “P” to “P-3”).
Thus, they are exempted from the payment of filing fees conformably with Section 6 of Republic Act
No. 9046 which reads: “The clients of the PAO shall exempt from payment of docket and other fees
incidental to instituting an action in court and other quasi-judicial bodies, as an original proceeding or
on appeal.” This was affirmed in the 30 July 2013 Resolution in A.M. No. 11-10-03-0 (Re: Letter dated
January , 2015 of Chief Public Attorney Persida Rueda-Acosta Requesting Exemption from the Payment
of Sheriff’s Expenses), where the Supreme Court En Banc, among others, ruled that qualified clients of
the Public Attorney’s Office are exempted from the payment of filing or docket fees.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that a
decision be rendered ordering the defendants as follows:
a. to demolish such portion of the improvement she constructed on her land and to adjust and
rebuild said improvement accordingly in order to remove the encroachment on the land
owned by herein plaintiff;
b. to pay moral damages in the amount of P130,000.00
c. to pay exemplary damages in the amount of P80,000.00; and
d. to pay attorney’s fees, litigation expenses and cost of suit in such amount as the court may
adjudge.
Other reliefs deemed just and equitable under the foregoing premises are likewise prayed for.
Diffun, Quirino, Philippines, 24 August 2020.
Princess Pilove G. Estrada

Plaintiff’s Representative
Assisted by:
ATTY. LIAM S. SINYA

Public Attorney II
Roll No.
IBP No.
Admitted to the Bar on
MCLE Compliance V
Noted by:
ATTY. RALPH NICO TORRES

Public Attorney I
Roll No.
IBP No.
Admitted to Bar:
MCLE Compliance V
COPY FURNISHED:
MRS. SQUATTER
Purok 1, Andress Bonifacio, Diffun, Quirino Philippines
Registry return no.:
EXPLANATION
Service of the foregoing petition to the defendant was made through registered for lack of personnel
to effect personal service.
ATTY. LIAM S. SINYA

Public Attorney II

Possession LW

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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FACTUAL ANTECEDENTS AND CAUSES OF ACTION

5. On 16 September 2016, a “Verification Plan” of Andress Bonifacio , Pcs-13-002466 in Diffun was

Diffun, Quirino, Philippines, 24 August 2020.

Princess Pilove G. Estrada

ATTY. LIAM S. SINYA

ATTY. RALPH NICO TORRES

ATTY. LIAM S. SINYA

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