Verified Complaint Sample

Republic of the Philippines
Supreme Court
MUNICIPAL TRIAL COURT IN CITIES
8th Judicial Region
Branch_______
Tacloban City
SPS. CARLOS D. MOJADO III CIVIL CASE NO.______________

AND AIDIE P. MOJADO, For:
Plaintiffs,
RECOVERYOF POSSESSION
- versus - WITH DAMAGES
RICOLITO SALEM,
BRANDO SALEM,
THELMA GUASIS,
AILEEN TADEFA,
TERESITA C. DE LOS REYES,
AND SPS. LEONARDO LOPEZ
& ANNALIE CAVITE, AND
ALL PERSONS ACTING
UNDER THEM,
Defendants.
x- - - - - - - - - - - - - - - - - - - - - - - x
VERIFIED COMPLAINT
PLAINTIFFS, through counsel, to the Honorable Court,

respectfully ALLEGE and STATE that:
1. Plaintiffs are husband and wife, respectively, both of legal

age, Filipino citizens and residents of Brgy. 91, Purok 3, Abucay,
Tacloban City, where they may be served with notices, orders,
resolutions, and other legal processes of the Honorable Court.
2. Defendants are all of legal age, Filipino citizens and

residents of Brgy. 50-B, Youngfield, Tacloban City, where they may
be served with summons and copy of the Complaint, as well as
notices, orders, resolutions and other legal processes of the
Honorable Court.
3. Parties are with capacity to sue and be sued.
4. Plaintiffs are the registered owners of a parcel of land

located at Brgy. Utap, Tacloban City, designated as Lot No. 1763-C,
containing an area of 316 square meters, and embraced by Transfer
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Certificate of Title (TCT) No. 122-2021001566 of the Registry of
Deeds for Tacloban City. Copy of said TCT is hereto attached and
made an integral part of this Complaint as ANNEX "A".
5. Plaintiffs acquired said parcel of land by purchase from

the heirs of Pedro Beltran. Copy of the Deed of Absolute Sale is
hereto attached and made an integral part of this Complaint as
ANNEX "B".
6. Historically, Lot 7361 was embraced by Katibayan nga

Orihinal na Titulo (KOT) Blg. 2014000009 of the Registry of Deeds for
Tacloban City, in the name of Hrs. of Pedro Beltran Rep. by Emelita
Baduya, issued on July 5, 2014. Copy of said KOT is hereto attached
and made an integral part of this Complaint as ANNEX "C".
6.1 Thereafter, Lot 7361 has been subdivided among the

heirs of Pedro Beltran, one lot of which, Lot 7361-C has been
adjudicated to Rogelio A. Baduya, Danilo A. Baduya, Emelita B.
Tebrero, Engracia B. Nicasio, Narciso A. Baduya, and Juan Baduya,
and titled in their name under Transfer Certificate of Title (TCT) No.
122-2021000117 of the Registry of Deeds for Tacloban City. Copy of
said TCT is hereto attached and made an integral part of this
Complaint as ANNEX "D".
7. Defendants are occupying on portions of said parcel of

land by mere tolerance of the heirs of Pedro Beltran, and later by
herein plaintiffs.
8. Prior to said purchase, plaintiffs informed said defendants

that they were going to buy the property subject of this case, and by
reason of their assurances that they are ready to vacate the same
when required to do so, plaintiffs proceeded to buy the property
subject of this case.
9. However, when plaintiffs have finally demanded of

defendants to vacate and surrender the respective portions occupied
by them on said parcel of land, defendants, without justifiable reason
negated on their assurances that they are going to vacate the
property when required to do so, and continue to refuse and to fail to
vacate and surrender the portions respectively occupied by them to
the present, the latest of such demands were made on August 22,
2022, to the clear damage and prejudice to plaintiffs. Copies of letters
of demand addressed to defendants are hereto attached and made
integral parts of this Complaint as ANNEXES "E", "E-1", "E-2", "E-3",
"E-4" "E-5" & "E-6", respectively.
10. Prior to the filing of this case, plaintiffs have referred this
matter before the Barangay Chairman and Lupong Tagapamayapa of
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Brgy. 50-B, Youngfield, Tacloban City, for conciliation and mediation
proceedings in compliance with the rules despite the fact that
plaintiffs are residents of another barangay, in the hope that this case
would be settled amicably outside-of-court, but all said efforts proved
futile as defendants still continued to refuse and fail to heed the just
demand of plaintiffs for them to vacate and surrender the portions
occupied by them to plaintiffs. Hence, Certifications to File Action
were accordingly issued by the Pangkat Secretary, attested to by the
Pangkat Chairman of said barangay, copies of said Certifications to
File Action are hereto attached and made integral parts of this
Complaint as ANNEXES "F" and "F-1".
11. Tax Declaration (TD) No. 2012-02-0026-01668 which is

the latest revision of the tax declaration on the property subject of this
case, shows that the assessed value of the property subject of this
case is P30,020.00, hence, jurisdiction of this case is vested with this
Honorable Court. Copy of said TD is hereto attached and made an
integral part of this Complaint as ANNEX "G".
12. Plaintiffs and their transferees have been religiously

paying the realty tax dues on the property subject of this case, to the
present as shown by the Real Property Tax Clearance issued by the
City Treasurer's Office of Tacloban City, copy of which is hereto
attached and made an integral part of this Complaint as ANNEX "H".
13. If the respective portions occupied by the defendants are

leased to others, the reasonable rental would not be less than
P5,000.00 monthly, for the portions respectively occupied by each
defendant;
14. By reason of the unjustifiable refusal and failure of

defendants to vacate and surrender the respective portions occupied
by them to plaintiffs, the latter have suffered sleepless nights, mental
tortures and anxieties, social embarrassment and humiliation, for
which, defendants, jointly and severally, should be ordered to pay
plaintiffs the amount of P50,000.00 for moral damages;
15. By reason further of said refusal of defendants to comply

with the just demands of plaintiffs, the latter were constrained to
retain the services of counsel and have agreed to pay the amount of
P50,000.00 as his acceptance fees, plus the amount of P3,000.00
per court appearance of their counsel in the above-entitled case.
Copy of the receipt of the full amount of acceptance fee is hereto
attached and made an integral part of this Complaint as ANNEX "I".
16. Further, plaintiffs have incurred litigation and

miscellaneous expenses for gathering the necessary documents in
support of their Complaint in the amount of not less than P10,000.00
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DOCUMENTS TO BE PRESENTED BY PLAINTIFS:
1. Deed of Absolute Sale dated July 9, 2021 executed by

Emelita B. Tebrero and Engracia B. Nicasio, for themselves, and as
attorney-in-fact of their co-heirs Rogelio Baduya, Danilo A. Baduya,
Narciso A. Baduya and Juan A. Baduya in favor of spouses Carlos D.
Mojado III and Aidie P. Mojado.
PURPOSE: To prove that plaintiffs purchased the property

subject of this case from the heirs of Pedro Beltran.
2. Transfer Certificate of Title No. 122-2021001566 issued

by the Registry of Deeds for Tacloban City in the name of Sps. Carlos
D. Mojado III and Aidie P. Mojado.
PURPOSE: To prove that the title to the property subject of this

case is already transferred to plaintiffs.
3. Katibayan ng Orihinal na Titulo Blg. 2014000009

issued by the Registry of Deeds for Tacloban City in the name of Hrs.
of Pedro Beltran Rep. by Emelita Baduya, issued on July 5, 2014.
(Reserved)
PURPOSE: To prove that Lot No. 1763 was embraced by

Katibayan ng Original na Titulo Blg. 2014000009 in the name of Hrs.
of Pedro Beltran. And to prove further that as of 2024 said Lot No.
1763 was already a titled property.
4. Transfer Certificate of Title No. 122-2021000117 in the

name of Hrs. of Pedro Beltran Rep. by Emelita Baduya issued by the
Registry of Deeds for Tacloban City.
PURPOSE: To prove that the property subject of this case was

previously titled in the name of Hrs. of Pedro Beltran;
5. Tax Declaration No. 2012-02-0026-01668 declared in

the name of Sps. Carlos D. Mojado III and Aidie P. Mojado of the City
Assessor's Office of Tacloban City.
PURPOSE: To prove that the property subject of this case is

currently declared for taxation purposes in the name of plaintiffs.
6. Real Property Tax Clearance dated May 8, 2023.
PURPOSE: To prove that the realty tax dues on the property

subject of this case has been fully paid by plaintiffs and their
transferees.
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7. Demand Letters all dated August 22, 2022, addressed to
Ricolito Salem, Brando Salem, Thelma Guasis, Aileen Tadefa,
Teresita Cordero De Los Reyes, Annalie Cavite, and Leonardo
Lopez.
PURPOSE: To prove that prior to the filing of this case, written

demands were made by plaintiffs on defendants to vacate and
surrender the respective portions occupied by them.
8. Registry Receipts. (Reserved)
PURPOSE: To prove that the demand letters were sent by

registered mails with return card.
9. Certification to File Action dated August 15, 2022.
10. Certification to File Action dated September 15, 2022.
COMMON PURPOSES: To prove that prior to the filing of this

case, plaintiffs have referred this action for conciliation and mediation
before the barangay level.
11. Sketch Plan of Lot 1763-C, showing the particular

portions occupied by defendants.
PURPOSE: To show the respective portions occupied by each

defendant.
12. Reserved. (Registry Return Cards and/or Certification

issued by the Tacloban Central Post Office, Tacloban City.)
COMMON PURPOSES: To show that defendants received the

demand letters.
13. Official Receipt issued by Atty. Alfredo C. Verona for the

amount of P50,000.00.
PURPOSE: To prove payment of P50,000.00 as acceptance

fee of Atty. Alfredo C. Verona, counsel for plaintiffs.
WITNESSES TO BE PRESENTED:
1. Plaintiff AIDIE P. MOJADO - She will substantiate the

allegations in the Complaint, and identify several documents attached
to the Complaint and in her Judicial Affidavit.
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2. Witness EMELITA B. TEBRERO - She will corroborate
the testimony of plaintiff Aidie P. Mojado, and will identify several
documents attached to the Complaint and in her Judicial Affidavit.
3. Representative of the Registry of Deeds for Tacloban

City. - She will bring to the Honorable Court the original Office Copy
of the titles subject of this case, and will testify thereon. She will
further identify the true electronic copies of the titles subject of this
case attached to the record.
4. Reserved.
WHEREFORE, it is most respectfully prayed of this Honorable

Court that after hearings on the merit, that it be pleased to render
judgment in favor of plaintiffs and against defendants, GRANTING all
the reliefs prayed for in the Complaint, and ORDERING defendants
to:
1. Remove, vacate, and surrender the portions respectively

occupied by them on the property subject of this case to plaintiffs
2. Pay plaintiffs the amount of P50,000.00 for moral

damages; P50,000.00, for attorneys' fees, and P3,000.00 per hearing
of their counsel;
3. Pay a reasonable monthly compensation for the use of

the property subject of this case which shall not be less than
P5,000.00 each portion occupied by defendants until they finally
vacate the respective portions occupied by them;
4. Pay litigation and miscellaneous expenses incurred by

plaintiffs in the amount of P10,000.00;
5. The costs of this suit.
PLUS, plaintiffs further pray for such other reliefs as may be

just and equitable in the premises.
Tacloban City, November 28, 2023 at Tacloban City.
VERONA & VERONA LAW OFFICES

Counsel for Plaintiffs
Rms. 218-219 2nd Flr., Melecio Tan Building
Cor. Salazar and Zamora Streets
Tacloban City
[email protected];
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Republic of the Philippines

SPS. CARLOS D. MOJADO III CIVIL CASE NO.______________

PLAINTIFFS, through counsel, to the Honorable Court,

1. Plaintiffs are husband and wife, respectively, both of legal

2. Defendants are all of legal age, Filipino citizens and

3. Parties are with capacity to sue and be sued.

4. Plaintiffs are the registered owners of a parcel of land

5. Plaintiffs acquired said parcel of land by purchase from

6. Historically, Lot 7361 was embraced by Katibayan nga

6.1 Thereafter, Lot 7361 has been subdivided among the

7. Defendants are occupying on portions of said parcel of

8. Prior to said purchase, plaintiffs informed said defendants

9. However, when plaintiffs have finally demanded of

11. Tax Declaration (TD) No. 2012-02-0026-01668 which is

12. Plaintiffs and their transferees have been religiously

13. If the respective portions occupied by the defendants are

14. By reason of the unjustifiable refusal and failure of

15. By reason further of said refusal of defendants to comply

16. Further, plaintiffs have incurred litigation and

1. Deed of Absolute Sale dated July 9, 2021 executed by

PURPOSE: To prove that plaintiffs purchased the property

2. Transfer Certificate of Title No. 122-2021001566 issued

PURPOSE: To prove that the title to the property subject of this

3. Katibayan ng Orihinal na Titulo Blg. 2014000009

PURPOSE: To prove that Lot No. 1763 was embraced by

4. Transfer Certificate of Title No. 122-2021000117 in the

PURPOSE: To prove that the property subject of this case was

5. Tax Declaration No. 2012-02-0026-01668 declared in

PURPOSE: To prove that the property subject of this case is

6. Real Property Tax Clearance dated May 8, 2023.

PURPOSE: To prove that the realty tax dues on the property

PURPOSE: To prove that prior to the filing of this case, written

8. Registry Receipts. (Reserved)

PURPOSE: To prove that the demand letters were sent by

9. Certification to File Action dated August 15, 2022.

10. Certification to File Action dated September 15, 2022.

COMMON PURPOSES: To prove that prior to the filing of this

11. Sketch Plan of Lot 1763-C, showing the particular

PURPOSE: To show the respective portions occupied by each

12. Reserved. (Registry Return Cards and/or Certification

COMMON PURPOSES: To show that defendants received the

13. Official Receipt issued by Atty. Alfredo C. Verona for the

PURPOSE: To prove payment of P50,000.00 as acceptance

1. Plaintiff AIDIE P. MOJADO - She will substantiate the

3. Representative of the Registry of Deeds for Tacloban

WHEREFORE, it is most respectfully prayed of this Honorable

1. Remove, vacate, and surrender the portions respectively

2. Pay plaintiffs the amount of P50,000.00 for moral

3. Pay a reasonable monthly compensation for the use of

4. Pay litigation and miscellaneous expenses incurred by

5. The costs of this suit.

PLUS, plaintiffs further pray for such other reliefs as may be

Tacloban City, November 28, 2023 at Tacloban City.

VERONA & VERONA LAW OFFICES

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