Republic of the Philippines

REGIONAL TRIAL COURT OF MISAMIS ORIENTAL

10th Judicial Region
Branch ____
Cagayan de Oro City

ABC REALTY & DEVELOPMENT Civil Case No:

CORPORATION represented in this ________________________
act by its representative, CHARLIE A.
ALVAREZ, FOR:
Plaintiff,
ACCION
REIVINDICATORIA
-versus- (RECOVERY OF
POSSESSION), DAMAGES
AND ATTORNEY’S FEES
ANA DE GUZMAN, BARNEY
SANTOS and DANTES N. FERNO,
Defendants.
X - - - - - - - - - - - - - - - - - - - - - - - - - - -/

COMPLAINT

The PLAINTIFF, through counsel, unto this honorable Court,

stating and most respectfully averring this following Amended
Complaint:

THE PARTIES
1. Plaintiff, ABC REALTY & DEVELOPMENT CORPORATION
(ABC for convenience) is a juridical entity duly organized and
existing under the laws of the Republic of the Philippines, with
business address at Alubijid, Misamis Oriental, and
represented in this instant case by CHARLIE A. ALVAREZ,
Filipino, of legal age and with residence address at Tagoloan,
Misamis Oriental;
a. Certified Copy of the Secretary’s Certificate is hereto
attached as Exhibit “A” and made an integral part hereof;
b. The Plaintiff may be served with this Honorable Court’s
processes and communications at the office address of the
undersigned counsel.
2. Defendants ANA DE GUZMAN, BARNEY SANTOS and
DANTES N. FERNO, are of legal ages, Filipino Citizens,

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 residents of Lot 18, Quiabo, Alubijid, Misamis Oriental where
they may be served with summons and court processes.

FACTUAL AVERMENTS
3. The subject parcel of land is located in Lot 18, Quiabo, Alubijid,
Misamis Oriental, consisting of one lot, with a market value of
NINE HUNDRED THOUSAND FOUR HUNDRED FORTY
PESOS (Php 900,440.00) and an assessed value of FIVE
HUNDRED THOUSAND FOUR HUNDRED TWENTY PESOS
(Php 500,420.00);
4. The subject parcel of land is more definitely described as:
“A PARCEL OF LAND (LOT 18, PCS-10-004455, BEING
A PORTION OF LOT 20050, CAD-237, CAGAYAN
CADASTRE), SITUATED IN THE BARRIO OF
QUIABO, MUNICIPALITY OF ALUBIJID, PROVINCE
OF MISAMIS ORIENTAL, ISLAND OF MINDANAO.
BOUNDED ON THE NW,NE; ALONG LINE 1-2 BY
LOT 6564, CAD-237 ON THE NW, NE; ALONG LINE 2-
3 BY LOT 6564, CAD-237 ON THE E, SE; ALONG
LONE 3-4 BUT LOT 10, PCS-10-004455 ON THE E, SE;
ALONG LINE 4-1 BY LOT 10, PCS-10-004455
BEGINNING AT A POINT MARKED “1” ON PLAN,
BEING S. 77 DEG. 12’W, 1293.44 M. FROM BBM NO.
24, CAD 237, MUNICIPALITY OF ALUBIJID,
PROVINCE OF MISAMIS ORIENTAL….
CONTAINING AN AREA OF ONE HUNDRED
THOUSAND TWO HUNDRED SIXTY FIVE (100,265)
SQUARE METERS, MORE OR LESS”,
covered by Transfer Certificate of Title No. 136-2019000123 and
Tax Declaration No. 0815000123123;

(A Copy of a Certified True Copy of Transfer Certificate of Title No.

136-2019000123 is hereto attached as Exhibit “B”, and Tax
Declaration No. 0815000123123 as Exhibit “C”, and made an
integral part hereof.)

5. The Plaintiff’s interest over the subject parcel of land is that as

an owner and rightful possessor, having purchased it from XYZ
Properties Inc. on November 13, 2012;

(A copy of the Deed of Absolute Sale dated November 13, 2012 is

hereto attached as Exhibit “D”, and made an integral part hereof.)
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 FIRST CAUSE OF ACTION
6. The above-named defendants without consent of the plaintiff or
plaintiff’s predecessor-in-interest, seemingly in utter bad faith,
entered a portion of the subject properties, took possession
thereof despite the fact that they know that they do not own the
said property.
7. The defendants arrogated unto themselves ownership thereof
by building structures thereon.
8. Plaintiff and plaintiff’s predecessor-in-interest repeatedly
demanded for the defendants to vacate the subject properties
and to remove any structures that they built thereon, for they
do not have any right or title over the subject properties but
they refused, and still refuse, to comply.
9. The defendants are informal settlers in the plaintiff’s properties;
their individual and collective acts of occupying the subject
properties and their refusal to surrender the possession thereof
to the plaintiff have violated the latter’s property rights
protected by law, such as their right to enjoy, right to use and
right to possess the properties, which are elemental attributes of
ownership.
a. Based on such right of ownership, the plaintiff has the
corresponding right to recover the possession thereof from
the defendants.
10.The defendants are possessors and builders in bad faith as they
know and are aware that they do not own the subject property.
What they built thereon must be forfeited in favor of the
plaintiff pursuant to the provisions of the Civil Code as follows:

Art. 449. He who builds, plants or sows in bad faith on the

land of another, loses what is built, planted or sown without
right to indemnity.

Art. 450. The owner of the land on which anything has been
built, planted or sown in bad faith may demand the
demolition of the work, or that the planting or sowing be
removed, in order to replace things in their former condition
at the expense of the person who built, planted or sowed; or
he may compel the builder or planter to pay the price of the
land, and the sower the proper rent.

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 Art. 451. In the cases of the two preceding articles, the
landowner is entitled to damages from the builder, planter
or sower.

11. Although the Plaintiff’s predecessor-in-interest had legal

possession or possession de jure of the subject properties
flowing from or as an attribute of ownership, and have
continued exercising acts of ownership and dominion thereof
until the same was acquired by plaintiff, the plaintiff’s
predecessor-in-interest was not in prior actual physical
possession thereof when the defendants entered the subject
property, thus a Complaint for Recovery of Possession or
Accion Reivindicatoria is proper.
a. This action is based on ownership, and to recover the full
possession of the subject properties which has been withheld
by the defendants for more than one year.
12.The plaintiff now needs the possession of the subject parcels of
land; and the plaintiff also needs to vindicate its ownership
against the defendants who are actually in possession thereof.

THIRD CAUSE OF ACTION

13.Considering that the defendants unjustly refuse to leave the
plaintiff’s property and considering further that the plaintiff is
being deprived of potential income from the property, the
defendants should be adjudged to pay reasonable monthly rent;

FOURTH CAUSE OF ACTION

14.The defendants’ unwarranted and unjustified refusal to
surrender possession and remove any and all structures built
therein have compelled the plaintiff to litigate to protect its
property rights and incur expenses for which all the defendants
must be held solidarily liable for attorney's fees in the sum of
Php 100,000.00 plus Php 5,000.00 per court appearance and
litigation expenses.

(A copy of an official receipt is hereto attached as Exhibit “E”, and

made an integral part hereof.)

IN COMPLIANCE WITH SECTION 6, RULE 7 OF THE AMENDED

RULES OF CIVIL PROCEDURE

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15.The plaintiff will present CHARLIE A. ALVAREZ to prove its
claim. He will substantiate the averments of the complaint;
identify the exhibits and other relevant and related matters. His
Judicial Affidavit is hereto attached.
In summary, the witness will testify that he is the
representative of the plaintiff; that the plaintiff owns Lot 18
evidenced by Transfer Certificate of Title No. 136-2019000123;
that the lot is covered by Tax Declaration No. 0815000123123;
that plaintiff is entitled to the possession of the said lot because
the plaintiff is the owner; that the defendants are inside the lot
owned by the plaintiff; that the defendants refuse to vacate the
said lot; that the defendants should compensate the plaintiff for
rent; that the plaintiff engaged the services of a lawyer; that the
plaintiff has incurred, and may incur more, expenses because of
the refusal of the defendants to vacate the premises;
16.The documentary evidences in support of the allegations
contained in this Complaint are the ones stated above.
Particularly, the plaintiff is presenting the following
documents:
Exhibit “A” – The Secretary’s Certificate proving the authority
of CALSON A. ALVAREZ to represent the corporation in this
case;
Exhibit “B” – A Certified True Copy of Transfer Certificate of
Title No. 136-2019000123 proving that the plaintiff is the
registered owner of the said parcel of land, as described therein;
Exhibit “C” – Tax Declaration numbered 0815000123123
proving that the parcel of land has been declared for tax
purposes and that it is registered under the name of the
plaintiff and also to prove the market value as well as the
assessed value of the said parcel of land;
Exhibit “F”, “F-1” and “F-2” – A deed of sale dated January 11,
2019, proving that the plaintiff has purchased Lot 2 from LS
Properties, Inc., which is now covered by Transfer Certificate of
Title No. 136-2019000924 and Tax Declaration numbered
0815000732077;
Exhibit “G”, “G-1”, ‘G-2”, “G-3” and “G-4” - A deed of sale
dated January 6, 2017, proving that the plaintiff has purchased
Lot 4 from LS Properties, Inc., which is now covered by
Transfer Certificate of Title No. 136-2017000133 and Tax
Declaration numbered 0815000729356;
Exhibit “H” – A Consolidated Master Plan showing Lots 2 and
4 proving the location of the lots which the plaintiff is praying

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 to recover from the defendants;
Exhibit “I” – the Official Receipt of the lawyer engaged for the
recovery of possession. This will prove that the plaintiff has
incurred expenses to protect its rights and for the claim of
attorney’s fees;
Exhibit “J”, et. sequentia – the judicial affidavit of the witness,
which will comprise his direct testimony.

RELIEF
WHEREFORE, premises considered, it is respectfully prayed of
this Honorable Court that, after due notice and hearing, a decision be
rendered ordering:
1. The Defendants to peacefully vacate the premises of Lots 18,
evidenced by Title No. 136-2019000123 and Tax Declaration
No. 0815000123123; to surrender the possession thereof to
the Plaintiff; remove their respective houses and any
constructions thereon and clear the premises; and restore to
the Plaintiff the actual possession thereof.
2. All the Defendants to pay the Plaintiffs solidarily the
following sums:
a. Attorney’s fee in the sum of Php 100,000.00 plus Php
5,000.00 per court appearance;
b. To jointly pay the plaintiff the sum of Php 10,000.00 a
month until such time that the actual possession of Lot 18
is delivered to the Plaintiff; and
c. Pay the cost of suit.
Other relief and remedies just and equitable under the premises
are likewise prayed for.
Respectfully submitted on ____________, Cagayan de Oro City.

CHESTER C. CASTAÑOS
PTR No. 4822334 A/12-03-2020(for 2021)
IBP O.R. No. 130424/ 10-07-2020(for 2021)
MCLE Compliance No. VI-0003819/04-14-2022
Roll No. 54917
DELA SERNA & CASTAÑOS LAW FIRM
Ground Floor, Trinidad Building
Yacapin Street, Cagayan de Oro City 9000
Tel. No. (0917) 712 0321 / Email add.: [email protected]

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 VERIFICATION and CERTIFICATION
I, CHARLIE A. ALVAREZ, of legal age, Filipino citizen, and
with residence at Tagoloan, Misamis Oriental, on oath state:
1. That I, as the representative of the Plaintiff in the above-entitled
case, caused the preparation and filing of the foregoing
Complaint, and I have read the contents thereof;
2. The contents of the foregoing Complaint are true and correct of
my personal knowledge and/or based on authentic records;
3. The said 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 other action or proceeding
involving the same issues in the Supreme Court, the Court of
Appeals or any divisions thereof, or any other tribunal or
agency; 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; if I should thereafter
learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or
any other tribunal or agency, I undertake to report that fact
within five (5) days therefrom to this Honorable Court.

In witness whereof, I have hereunto affix my signature on

_________ in Cagayan de Oro City, Philippines.

CHARLIE A. ALVAREZ

Subscribed and sworn to before on _________ in the City of

Cagayan de Oro by Charlie A. Alvarez who was identified through
competent evidence of identity consisting of
_______________________.

CHESTER C. CASTAÑOS
Doc. No. _____; Notary Public until 12-31-21
Page No. _____; PTR No. 4822334 A/12-03-2020(for 2021)
Book No. _____; IBP O.R. No. 130424/ 10-07-2020(for 2021)
Series of 2020. MCLE Compliance No. VI-0003819/04-14-2022
Roll No. 54917
Tel. No. (0917) 712 0321 / Email add.:
[email protected]
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