Unlawful Detainer.docx

Republic of the Philippines Second Judicial Region 9TH MUNICIPAL CIRCUIT TRIAL COURT Naguilian - Reina Mercedes Naguilian, Isabela EMERSON A. MARINDUQUE, JR. Plaintiff, CIVIL CASE No. 61818 FOR: Unlawful Detainer -versusFRANCES FATIMA V. NORIEGA, Defendant x-----------------------------------------------x

COMPLAINT COMES NOW, the plaintiff, through the undersigned counsel and unto this Honorable Court, most respectfully avers:

1. That the plaintiff, EMERSON A. MARINDUQUE, JR., is of legal age, Filipino citizen, married, with residence and postal address at Brgy. Quezon, Naguilian, Isabela;

2. That the defendant, FRANCES FATIMA V. NORIEGA, is of legal age, Filipino citizen, married, with residence and postal address at Blk. 21, Lot 10 Cityhomes Subdivision, Brgy. Alibagu, City of Ilagan, Isabela where they may be served with summons and other processes of the Honourable Court;

3. The plaintiff is the registered owner of a land covered by TCT No. 110187 located Barangay Quezon, Naguilian, Isabela containing an area of Sixty Thousand Square Meters (60,000 sq.m). A copy of the Transfer Certificate of Title is hereto attached and marked as Annex “A”.

4. That said parcel of land is declared for taxations purposes under the name of plaintiff under Tax Declaration Number 08-04-0082 with an assessed value of Php.74,500.00. A copy of the Tax Declaration is hereto attached and marked as Annex “B”.

5. That the defendant is occupying the portion of more or less Fifteen Thousand Square Meters (15,000 sq.m.) while the rest of the land with an area of 45,000 sq.m. is being cultivated by the plaintiff and regularly planting it with rice.

6. That the defendant is not a tenant or farm worker of the plaintiff although they are cultivating the portion of the said parcel of land. The defendant was allowed to occupy the portion of Fifteen Thousand Square Meters (15,000 sq.m.) only since the year 2004 when the plaintiff was still finalizing the title of his land. The plaintiff agreed only out of generosity. However, since the inception of the possession of the defendant they never paid any rent or share to the plaintiff hence cannot be considered as tenant, and neither are they qualified as farmer-beneficiary. The possession of the defendants of the portion of Fifteen Thousand Square Meters (15,000 sq.m.) is merely due to the tolerance of the plaintiff. Candidly, the plaintiff allowed the defendant to occupy and cultivate the area of Fifteen Thousand Square Meters (15,000 sq.m.) out of the compassion from the plaintiff as during the years 2004 they were friends and the plaintiff to alleviate the life of the defendants allowed them to cultivate portion of his property without any rent, only with the understanding that the defendants will surrender possession once the plaintiff will use the same. Came the year 2005, the title was already issued in the name of the plaintiff and the plaintiff continued to allow the defendant to cultivate the portion of Fifteen Thousand Square Meters (15,000 sq.m.).

7. However sometime on July 2017, the plaintiff discovered that the defendant was offering for sale the portion of Fifteen Thousand Square Meters (15,000 sq.m.) and that

the defendant is claiming that they are a farmer-beneficiary. As such several persons went to the house of the plaintiff and was asking for the original owner’s copy. It was then the plaintiff discovered the ungratefulness of the defendant.

8. That due to the acts of the defendants the plaintiff verbally demanded that the defendant vacate the property, however said verbal was unheeded.

9. On July 15, 2017 the plaintiff thru counsel send a formal letter to the defendant demanding that they vacate the land within 15 days from the receipt thereof. Copy of the said demand letter is hereto attached and

marked as Annex “C”. That the said

demand letter was personally served by the plaintiff. But despite receipt of the demand letter, the defendant still refuses to vacate the property.

10. The plaintiff referred the matter to the Lupong Tagapamayapa and Barangay Officials of Brgy. Quezon, Naguilian, Isabela but despite confrontation the defendant still refused to vacate the property. A Certificate to File Action issued by the Lupong Tagapamayapa and the Endorsement Letter of Barangay Captain Eugene Monterubio is hereto attached and marked as Annex “D” and Annex “E” respectively.

11. Also referral of the matter to the PNP of Naguilian, Isabela proved futile. A copy of the certification is hereto attached and marked as Annex “F”.

12. That the reasonable rental of the property is Php. 60,000.00 per annum as property can generate rice production

of more or less 150,000 cavans per annum. Hence the

reasonable rental is more or less Php. 5,000.00 per month to which the defendant should also be liable.

DAMAGES

13. Due to persistent refusal of the defendant to surrender the possession of the subject property to the plaintiff, the latter is constrained to litigate and engage the services of the counsel for the agreed amount of Php. 40,000.00 as acceptance fee and Php. 2,000.00 per court hearing and will incur additional legal expenses to which the defendant should be made liable.

14. For the public not to emulate, the defendant should also be penalized in the sum of no less than Php. 50,000.00 as exemplary damages for the defendant’s intransigent attitude of refusing to recognized the rights of the plaintiff.

15. That the defendant also be held liable to pay rental of Php. 5,000.00 per month.

PRAYER WHEREFORE, the plaintiff most respectfully pray that after notice and hearing the Honorable Court render judgment as follows; 1. Directing the defendant to peacefully vacate the property and surrender the peacefull possession of Fifteen Thousand Square Meters (15,000 sq.m.) property covered by TCT No. 110187 to the plaintiff.

2. Adjudging the defendant to pay the plaintiff reasonable rentals in the amount of P5,000.00 per month;

3. Adjudging the defendant to pay the plaintiff the sum of no less than Php. 50,000.00 as exemplary damages.

4. Adjudging the defendant to pay the plaintiff the sum of Php. 40,000.00 as Attorney’s fees;

5. Adjudging the defendant to pay the cost of suit.

Other relief just and equitable under the premise are likewise prayed for.

Naguilian, Isabela, February 08, 2019.

ATTY. REYGIE P. LOPEZ Counsel for the Plaintiff Quirino District, Naguilian, Isabela Roll of Attorney No. 62682 IBP No. 122510 /02-11-12/Ilagan, ISabela PTR No. 031157/01-10-19/Naguilian, Isabela MCLE Compliance No. V-00001101, Jan. 14, 2018

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, EMERSON A. MARINDUQUE, JR., of legal age, Filipino citizen, single and a resident of Brgy. Quezon, Naguilian, Isabela, after having been duly sworn to in accordance with law do hereby depose and say: 1. That I am the plaintiff in the above entitled case; 2. That I have read and caused the preparation and filling of the Complaint and I hereby certify that the allegations contained therein are true and correct of my personal knowledge and based on authentic records; 3. That I have not commenced any action or filed any claim involving the same issues between the parties in any court, tribunal or quasi-judicial agency and to the best of my knowledge, no such other action or claim is pending therein and that if I should learn thereafter that a similar action or proceeding has been filed or is pending before the Supreme Court, Court of Appeals and other court, agencies, tribunal or other quasijudicial agencies, I hereby undertake to report such fact to the Department of Justice within five (5) days from knowledge thereof. IN WITNESS WHEREOF, I have hereunto affixed my signature this 8th day of February 2019 at Naguilian, Isabela. EMERSON A. MARINDUQUE, JR., Affiant SUBSCRIBED AND SWORN to before me this 08 day of February 2019, at Naguilian, Isabela, affiant exhibiting to me his PRC ID No. 040882 issued on April 26, 2012 at the City of Manila.

ATTY. NO CASE Notary Public My Commission Expires Dec. 31, 2019 Roll of Attorney No. 34567 IBP No. 12345/2-5-12/Manila PTR No. 87654/12-22-11/Manila Doc. No. ________ Page No. _______ Book No. _______ Series of 2019.