Verified Complaint For Expropriation.docx

Republic of the Philippines FOURTH JUDICIAL REGION REGIONAL TRIAL COURT OF BROOKE’S POINT PROVINCE OF PALAWAN Branch 165

BARANGAY ISUMBO, SOFROÑO Special Civil Case No. _____ ESPAÑOLA, PALAWAN, Represented by Barangay Captain, ERNESTO PAZZIUAGAN, Plaintiff, – versus –

For: Expropriation

Heirs of EBBAH JAMILI, represented by their attorney-infact ROMY A. JAMILI and SAMSUDDIN S. HANAPI, Defendants. x—————————————x

COMPLAINT PLAINTIFF, by counsel unto this Honorable Court most respectfully states, that PREFATORY STATEMENT 1. Eminent domain is the right or power of a sovereign state to appropriate private property to particular uses to promote public welfare. It is an indispensable attribute of sovereignty; a power grounded in the primary duty of government to serve the common need and advance the general welfare. Thus, the right of eminent domain appertains to every independent government without the necessity for constitutional recognition. The provisions found in modern constitutions of civilized countries relating to the taking of property for the public use do not by implication grant the power to the government, but limit a power which would otherwise be

Page 1 of 8

without limit. Thus, our own Constitution provides that “[p]rivate property shall not be taken for public use without just compensation.” Furthermore, the due process and equal protection clauses act as additional safeguards against the arbitrary exercise of this governmental power.1 2. The power of eminent domain is essentially legislative in nature. It is firmly settled, however, that such power may be validly delegated to local government units, other public entities and public utilities, although the scope of this delegated legislative power is necessarily narrower than that of the delegating authority and may only be exercised in strict compliance with the terms of the delegating law.2 3. The basis for the exercise of the power of eminent domain by local government units is section 19 of RA 7160 which provides that: “A local government unit may, through its chief executive and acting pursuant to an ordinance, exercise the power of eminent domain for public use, purpose, or welfare for the benefits of the poor and the landless, upon payment of just compensation, pursuant to the provisions of the Constitution and pertinent laws; Provided, however, That the power of eminent domain may not be exercised unless a valid and definite offer has been previously made to the owner, and such offer was not accepted; Provided, further, That the local government unit may immediately take possession of the property upon the filing of the expropriation proceedings and upon making a deposit with the proper court of at least fifteen percent (15%) of the fair market value of the property based on the current tax declaration of the property to be expropriated; Provided, finally, That the amount to be paid for the expropriated property shall be determined by the proper court, based on 1 2

Heirs of Alberto Suguitan vs. City of Mandaluyong, 328 SCRA 137, G.R. No. 135087 March 14, 2000 Id.

Page 2 of 8

the fair market value at the time of the taking of the property.3 ” THE PARTIES 4. Plaintiff BARANGAY ISUMBO, Sofronio Española, Palawan, is a Local Government Unit created and existing under our laws and as such is a body politic and corporate, with powers as political subdivision of the national government and as a corporate entity representing the inhabitants of its territory. It is represented in this proceeding by its incumbent Punong Barangay Hon. Ernesto C. Pazziuagan 4 pursuant to Barangay Ordinance No. 02 Series of 20195; 5. Defendants are the Heirs of EBBAH JAMILI, the registered owner and his successors and assigns of the property covered by ORIGINAL CERTIFICATE OF TITLE NO. E-2889 6 specifically Lot No. 423, Pls – 618 - D7. The surviving heirs are as follows:1.) ISDAH A. JAMILI, of legal age, widow, Filipino and a resident of Bgy. Isumbo, Sofronio Española, Palawan; 2.) MAIRA J. CABOTEHA, of Legal age, married to William Caboteha, Filipino and a resident of Bgy. Isumbo, Sofronio Española, Palawan; 3.) ESTATE OF RONLIE A. JAMILI, represented by the heirs, namely: a.) Gina B. Jamili, of legal age, widow, Filipino and a resident of Bgy. Isumbo, Sofronio Española, Palawan; b.) Jinger B. Jamili, of legal age, married to Freely Alejandro, Filipino and a resident of Bgy. Isumbo, Sofronio Española, Palawan; c.) Jerome B. Jamili, of legal age, single, Filipino and a resident of Bgy. Isumbo, Sofronio Española, Palawan; d.) Jayson B. Jamili, of legal age, single, Filipino and a resident of Bgy. Isumbo, Sofronio Española, Palawan; e.) Jiven B. Jamili, of legal age, single, Filipino and a resident of Bgy. Isumbo, Sofronio Española, Palawan; f.) Jicron B. Jamili, of legal age, Filipino and a 3

Id Punong Barangay Pazziuagan for brevity 5 Barangay Ordinance No. 2 Series of 2009 is herein attached as Annex A of this Complaint and made an integral part thereof. 6 Original Certificate of Title No. E – 2889 is herein attached as Annex B 7 Lot No. 423, Pls – 618 – D is herein marked as Annex B - 1 4

Page 3 of 8

resident of Bgy. Isumbo, Sofronio Española, Palawan; g.) Jebrael B. Jamili, of legal age, single, Filipino and a resident of Bgy. Isumbo, Sofronio Española, Palawan; 4.) AREZZA A. JAMILI, of legal age, married to Meretchel J. Jamili, Filipino and a resident of Bgy. Isumbo, Sofronio Española, Palawan; 5.) ARINZA J. CAJOLO, of legal age, married to Jose Alpabite, Filipino and a resident of Bgy. Isumbo, Sofronio Española, Palawan; 6.) NADALIH A. JAMILI, of legal age, married to Silina Tadang, Filipino and a resident of Bgy. Isumbo, Sofronio Española, Palawan; 7.) ALINSA J. CELESTIAL, of legal age, married to Goerge C. Celestial, Filipino and a resident of Bgy. Isumbo, Sofronio Española, Palawan; 6. The Defendant HEIRS OF EBBAH JAMILI is represented herein by their ATTORNEYS-IN-FACT 8 in the person of ROMY A. JAMILI resident of Bgy. Isumbo, Sofronio, Española, Palawan and SAMSUDDIN S. HANAPI, both resident of Bgy, Isumbo, Sofronio, Española, Palawan, where the process of this court can be served. FACTS 7. Sometime in 1993 the Barangay Government of Barangay Isumbo intended for the purchased of Lot 15086-B CAD-796D which is a portion of Lot 423 Pls-618-D and on which the current Barangay site is located which is lawfully possessed by Mr. SARRIOD KABANG9 also known as “Deol Cabang.” 8. Mr. Kabang evidenced of ownership over the Lot is a Tax Declaration issued in his name with T.D. No. 18-22-004006210. 9. Then on November 20, 1993 the Barangay Government of Barangay Isumbo finalized the sale of the land subject of this complaint from Mr. Kabang then described as a parcel of land

8

Irrevocable Special Power of Attorney is herein attached as Annex C Mr. Kabang for brevity 10 Tax Declaration issued in the name of Mr. Sarriod Kabang is herein attached as Annex D 9

Page 4 of 8

with an area of more or less ONE HECTARE (1 ha) for a consideration of THIRTEEN THOUSAND PESOS (₱13,000). 10. The abovementioned sale between the Barangay Government of Isumbo and Mr. Kabang pave the way for the construction of various infrastructures in the lot subject of this complaint but not limited to the Barangay Hall and Barangay Amphitheater11. 11. Inadvertently, the sale of the land between the Barangay Government of Barangay Isumbo and Mr. Kabang on November 20, 1993 was never properly processed by the officials of the Barangay Government of Isumbo nor was there any verification or survey made to establish the purchased lands metes and bounds. 12. And only on January 3, 2017 that Mr. Kabang executed before then Punong Barangay Jerry M. Baladhay a KATUNAYAN NG BINTAHAN NG LUPA 12 in favor of the Barangay Government of Isumbo witness by ABDURASIL CABANG, MARIETTA G. ULANO and DESIDERIO M. BALADHAY. 13. For the expansion of the Barangay site, on June 14, 1999 the Barangay Council of Barangay Isumbo with the help of the Municipal Government of Sofronio Española then represented by its former Mayor Hon. IBER A. CHOU, purchased a parcel of land comprising of FIVE THOUSAND SQUARE METERS from Mr. RICARDO A. CAJOLO, for and in consideration of Forty Thousand Pesos (₱40,000.00), covered by Transfer Certificate of Title No. TC - 3713 as an additional lot for the Barangay Plaza of Barangay Isumbo evidenced by Municipal Resolution No. 99 - 6814 and Deed of Sale15.

11

Pictures of various infrastructure and buildings is herein attached as Annex C1 to C10 Katunayan ng Bintahan ng Lupa is herein attached as Annex D 13 Transfer Certificate of Title No. TC – 37 is herein attached as Annex E 14 Municipal Resolution No. 99-68 is herein attached as Annex F 15 Deed of Sale is herein attached as Annex G 12

Page 5 of 8

14. For the longest time the Barangay Government of Barangay Isumbo establishes and exercised occupation, possession and ownership over the parcel of land bought from Mr. Kabang covered by T.D. No. 18-22-004-0062. 15. After the passage of time, the herein Defendants made known to the Barangay Government of Barangay Isumbo that the parcel of land where the Barangay site is located and bought from Mr. Cabang is actually part of Lot No. 423, Pls618-D and covered by Original Certificate of Title (OCT) No. E-288916 of the Register of Deeds for the Province of Palawan Palawan registered in the name of Mr. Ebbah Jamili. 16. Then on or about 3:00 am in the morning of May 12, 2018, the Heirs of Ebbah Jamili fenced 17 the road going to the Barangay site, thus barring the Sangguniang Barangay of Barangay Isumbo to enter the Barangay Hall and use other buildings and structures at the Barangay site and thus impairing the delivery of public services to the people. 17. Due to the fencing of the road going to the Barangay site, the session of the Sangguniang Barangay of Barangay Isumbo and all other services being rendered by the Barangay Government of Barangay Isumbo were temporarily being held at the residence 18 of Punong Barangay Pazzuiagan. 18. The improvements and developments introduced by the Barangay in the portion of the parcel of land subject of this complaint, involved public funds, and the delivery of public service and interest of the residence are affected hence, there is a need to secure the ownership and title over the said property by the Barangay Government of Isumbo. 19. For the purpose of consummating the ownership by the Barangay of the portion of the parcel of land subject of this

16

Original Certificate of Title No. E-2889 is herein attached as Annex H Pictures of fencing the road to the Barangay Hall is herein attached as Annex I1 to I4 18 Photos of the Temporary Barangay Hall is herein attached Annex J 17

Page 6 of 8

complaint which it has been occupying and possessing since 1993, there is a pressing need to acquire the same through legal method and within the rules prescribed by the Commission on Audit on proper spending of funds. CAUSE OF ACTION 20. Despite the existence of this legislative grant in favor of local governments, it is still the duty of the courts to determine whether the power of eminent domain is being exercised in accordance with the delegating law. In fact, the courts have adopted a more censorious attitude in resolving questions involving the proper exercise of this delegated power by local bodies, as compared to instances when it is directly exercised by the national legislature.19 21. The courts have the obligation to determine whether the following requisites have been complied with by the local government unit concerned: 1) An ordinance is enacted by the local legislative council authorizing the local chief executive, in behalf of the local government unit, to exercise the power of eminent domain or pursue expropriation proceedings over a particular private property. 2) The power of eminent domain is exercised for public use, purpose or welfare, or for the benefit of the poor and the landless. 3) There is payment of just compensation, as required under Section 9, Article III of the Constitution, and other pertinent laws. 4) A valid and definite offer has been previously made to the owner of the property sought to be expropriated, but said offer was not accepted.

19

Heirs of Alberto Suguitan vs. City of Mandaluyong, 328 SCRA 137, G.R. No. 135087 March 14, 2000

Page 7 of 8

22. On January 4, 2019 after due deliberation the Sangguniang Barangay of Barangay Isumbo enacted Barangay Ordinance No. 02, Series of 201920 entitled an “AN ORDINANCE AUTHORIZING HONORABLE BARANGAY CAPTAIN ERNESTO C. PAZZIUAGAN TO INITIATE AND FILE EXPROPRIATION PROCEEDINGS FOR CONSUMING THE OWNERSHIP AND POSSESSION BY THE GEVERNMENT OF ISUMBO ESPAÑOLA, PALAWAN OVER THE 11,422 SQUARE METERS PRIVATE PROPERTY A PORTION UNDER LOT NO. 423 COVERED BY ORIGINAL CERTIFICATE OF TITLE NO. E2889 AND TO SEEK THE ASSISTANCE OF THE PROVINCIAL LEGAL OFFICE FOR THE SAID PURPOSE.” 23. The current Barangay site upon the which the Barangay Hall, Barangay Health Centers and among other structures is located in the parcel of land subject of this complaint since 1993. 24. The Barangay Government of Barangay Isumbo intends to do further development in the parcel of land subject of this complaint for a more efficient and effective delivery of necessary services to the people of Barangay Isumbo. 25. The Barangay Government of Barangay Isumbo enacted Barangay Ordinace No. appropriating the amount of THREE HUNDRED THOUSAND PESOS (₱300,000.00) as payment of just compensation for the parcel of land. 26. The Barangay Government of Barangay Isumbo made a valid and definite offer to the Defendants on October 15, 2018, through Atty. Ariel A. Abis, Attorney IV, from the Provincial Legal Office, as the counsel for the Barangay through a letter 21 offer course through Atty. Nixon T. Ramirez, counsel for the Defendants, offering the amount of THREE HUNDRED THOUSAND PESOS (₱300,000.00) for the purchase of the portion of the parcel of land subject of this 20 21

Barangay Ordinance No. 2 Series of 2019 is herein attached as Annex K Letter Offer is herein attached as Annex L

Page 8 of 8

complaint on which the Barangay site is located but to which no reply letter was given. 27. Thereafter on December 18, 2018, a conference was conducted between the Barangay Government of Barangay Isumbo and the herein Defendants held at the temporary Barangay Hall and also the residence of Punong Barangay Pazziuagan. 28. Present at the conference22 on December 18, 2018 were Punong Barangay Pazziuagan, members of the Sangguniang Barangay of Barangay Isumbo, Rome A. Jamili, Samsuddin S. Hanapi, Atty. Nixon Ramirez and personnel from the Provincial Legal Office. 29. As reflected in the Minutes of the Conference 23 parties failed to arrive to an agreement, thus the negotiation for the supposed sale has ended and considered closed. 30. On January 16, 201924, Romy A. Jamili and Samsuddin S. Hanapi, in behalf of the Defendants, demanded to vacate the said lot occupied by Barangay Isumbo though a letter dated January 16, 2019 thus evidencing their definite refusal of the offer made by the Barangay Government of Barangay Isumbo. 31. Thus, the formal requisites for the exercise of the power of eminent domain and the elements of the taking mentioned above have already been accomplished and the only remaining act to be done is the filing of an expropriation proceedings and payment of just compensation. 32. Moreover, plaintiff had already occupied and used the properties as Barangay Hall and Barangay site since 1993, thus satisfying the element of taking.

22

Attendance of the December 18, 2018 conference is herein attached as Annex M Minutes of the Conference is herein attached as Annex N 24 Letter to vacate is herein attached as Annex O 23

Page 9 of 8

33. Plaintiff is willing and able to pay Defendants the full and fair equivalent of the property sought to be expropriated or such amount as maybe determined by this Honorable Court at the year of taking. 34. Furthermore, the subject property is mortgaged with the Development Bank of Philippines (DBP) for FIFTY THOUSAND PESOS (₱50,000.00) indicated as an annotation with Entry No. 6904725 at the back of its title. PRAYER WHEREFORE, premises considered, it is most respectfully prayed that after hearing and notice, judgment shall be issued ordering: 1. The expropriation of Lot 15086-B CAD-796-D which is a portion of Lot 423 Pls-618-D, covered by Original Certificate of Title (OCT) No. E-2889 and declare that the ownership thereof be transferred in the name of Barangay Isumbo, Sofronio Española, Palawan, upon payment of just compensation. 2. For the Development Bank of the Philippines to surrender Original Certificate of Title (OCT) No. E-2889 for the proper facilitation of the delineation of Lot 15086-B CAD-796-D which is a portion of Lot 423 Pls-618-D transfer of ownership thereof in the name of Barangay Isumbo, Sofronio Española, Palawan, upon payment of just compensation It is further prayed that after notice and hearing a writ of possession with special order of demolition be issued to remove the fences constructed and to return the plaintiff in possession, upon making a deposit of at least fifteen percent (15%) of the fair market value of the property based on the current tax declaration of the property.

25

Entry No. 69047 is herein attached and marked as Annex B - 2

Page 10 of 8

Other reliefs just and equitable under the circumstances are equally prayed for. This _____ day of January 2019 at Puerto Princesa City.

PROVINCIAL LEGAL OFFICE Counsel for the Respondent 3rd Floor, Capitol., Fernandez St., Puerto Princesa City, Palawan

By:

ATTY. ARIEL A. ABIS Attorney IV PRT. No. 4974372;01-04-18/Puerto Princesa City, Palawan IBP No. 1028736; 12-30-17/Puerto Princesa City/Palawan Attorney’s Roll No. 67114 MCLE Governing Board Order No 1, Series of 2008 Admitted to the Bar May 23, 2017

VERIFICATION AND CERTIFICATION AGAINST NON FORUM SHOPPING I, ERNESTO PAZZIUAGAN, under oath , depose and state THAT: 1. I am the Punong Barangay of Isumbo, Española, Palawan and I have caused the preparation of the petition pursuant to Bgy. Ordinance No.02 Series of 2019 and that the statement of facts contained therein are true and correct of my own personal knowledge.

Page 11 of 8

2. I certify that I have not commenced any other similar action involving the same issues in any other court or tribunal and to the best of any knowledge, no such action or proceeding is pending before the Supreme Court of Appeals, or any tribunal or agency, and if I should learn that a similar action has been filed in any such Court, tribunal or agency. I undertake to report such fact within five (5) days therefrom to this Honorable Court. IN WITNESS WHEREOF, I have hereunto set my signature this _____th day of January 2019, at Puerto Princesa City.

ERNESTO C PAZZIUAGAN Affiant

SUBSCRIBED AND SWORN to before me this _____ of January 2018 at Puerto Princesa City, Palawan, presented before me I.D. No. _________________________ issued at _____________________________ on ____________________ valid until December ____, 20___.

ATTY. MARY JOY M. ORDANEZA Attorney IV PRT. No. 4974342; 12-29-17/ Puerto Princesa City, Palawan IBP No. 11028727/12-3—17 /Puerto Princesa City, Palawan Attorney’s Roll No. 64093 MCLE No. V-0019137, April 20, 2016

Doc No. _______; Page No. ______; Book No. ______; Series of 2019;

Page 12 of 8