Complaint For Recovery of Possession

REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
City of Valenzuela
Branch ____
DANILO M. OSCARES,
represented by his wife, EMILIA O.
OSCARES,
Plaintiff, Civil Case No. _________
For: Recovery of Ownership and
-versus- Possession with Damages
LOURDES A. ENALAS,
Defendant.
x--------------------x
COMPLAINT
COMES NOW, plaintiff DANILO M. OSCARES, represented by her
wife, EMILIA O. OSCARES, and assisted by the Public Attorneys Office,
unto this Honorable Court, most respectfully states that:
PARTIES
1. Plaintiff Danilo M. Oscares is a Filipino, of legal age, married and

a resident of No. 121 Sanchez St., Arkong Bato, Valenzuela City where he
may be served with notices, orders and other processes by the Honorable
Court. He is represented by his wife, Emilia O. Oscares, 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 3 June 1984 is supported
by a photostatic copy of their Marriage Contract, which was issued by
the Philippine Statistics Authority (hereto attached as Annex B);
2. Defendant Lourdes A. Enalas is likewise a Filipino, of legal age,

widow and a resident of No. 127 Sanchez St., Arkong Bato, Valenzuela City
where she may be served with notices, orders and other processes by the
Honorable Court;
FACTUAL ANTECEDENTS AND CAUSES OF ACTION
3. On 28 December 2015, plaintiff bought a parcel of land situated

at Block 9, Lot 18, Sanchez St., Arkong Bato, Valenzuela City, which has a
total lot area of approximately 135 square meters, from the Pinag-Isang
Damdamin ng Arkong-Bato, Inc. (PIDABI), an association duly organized
and existing under and by virtue of the laws of the Philippines and holds
office at M. Urrutia St., Arkong Bato, Valenzuela 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 Lots 15 to 34,

Block 9, Pcs-13-002466 in Sanchez St., Arkong Bato, Valenzuela City was
prepared by Geodetic Engr. Jay S. Perida for PIDABI (hereto attached as
Annex E). In accordance therewith, defendant, who is assigned at Block
9, Lot 19, Sanchez St., Arkong Bato, Valenzuela City, encroached on the
property of herein plaintiff, which is located at Block 9, Lot 18, Sanchez
St., Arkong Bato, Valenzuela City. The encroached area is nineteen (19)
square meters, more or less;
6. Inasmuch as plaintiff and defendant reside in the same barangay

plaintiffs wife, Emilia O. Oscares, then instituted a complaint in the Office
of the Punong Barangay of Barangay Arkong Bato, Valenzuela City. 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. Emilia O. Oscares sought legal assistance from the Public

Attorneys 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 2 May 2017,
4 May 2017, 8 May 2017 and 11 May 2017, 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 May 2017. Said letter was received by the defendant herself based
on the registry return therefor, as well as a certification from the
Valenzuela Central Post Office (hereto attached as Annexes I and J,
respectively);
8. On 1 June 2017, Emilia O. Oscares and the defendant appeared

anew before the Public Attorneys 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 Emilia O. Oscares, on the other hand, agreed to shoulder a total of
one thousand (1,000) hollow blocks for the reconstruction of defendants
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 19 June 2017, 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, John Mark A. Enalas, on 28
June 2017, as evidenced by the registry return thefor, 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 Block 9, Lot 18, Sanchez St., Arkong Bato, Valenzuela City, for
the period covering January, 2017 to December, 2017 is P8,100.00, in
consonance with the Statement of Account, dated 6 January 2017,
issued by the Real Property Tax Division of the Office of the City Treasurer
of the City Government of Valenzuela for herein plaintiff (hereto attached
as Annex O). Thus, the instant action falls under the jurisdiction of the
Metropolitan Trial Court of Valenzuela City;
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
P100,000.00. Furthermore, to set an example to others, who are similarly
situated, plaintiff is also entitled exemplary damages in the amount of
P50,000.00; and
14. Plaintiff and Emilia O. Oscares are indigent, as evidenced by

certificates of indigency which were individually issued in their name by
the Tanggapan ng Sangguniang Barangay of Barangay Arkong Bato,
Valenzuela City, as well as the Valenzuela City 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 April 18, 2011 of Chief Public
Attorney Persida Rueda-Acosta Requesting Exemption from the Payment
of Sheriffs Expenses), where the Supreme Court En Banc, among others,
ruled that qualified clients of the Public Attorneys 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 P100,000.00
c. to pay exemplary damages in the amount of P50,000.00; and
d. to pay attorneys 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.
Valenzuela City, Metro Manila, 20 July 2017.
EMILIA O. OSCARES
Plaintiffs Representative
Assisted by:
PUBLIC ATTORNEYS OFFICE

VALENZUELA DISTRIC T OFFICE
3RD Floor, Post Office Bldg.
Justice Hall Compound, C.J. Santos St., Poblacion II
Malinta, Valenzuela City
Through:
ATTY. RAFAEL D. PANGILINAN

Public Attorney II
Roll No. 64684
IBP No. 1012177 dated 10 January 2017 / CALMANA
Admitted to the Bar on April 29, 2015
MCLE Compliance V 0011951
Noted by:
ATTY. DENNIS C. KUONG

Public Attorney III
Roll No. 55974
IBP No. 925398
Admitted to Bar: 2008
MCLE Compliance V 0007942
COPY FURNISHED:
LOURDES A. ENALAS
No. 127 Sanchez St., Arkong Bato, Valenzuela City, 1444 Metro Manila
Registry return no.:
EXPLANATION
Service of the foregoing petition to the defendant was made through

registered for lack of personnel to effect personal service.

REPUBLIC OF THE PHILIPPINES )
CITY OF VALENZUELA ) S.S.
VERIFICATION/CERTIFICATION
I, EMILIA O. OSCARES, Filipino, of legal age, married, and

resident of No. 121 Sanchez St., Arkong Bato, Valenzuela City, after having
been duly sworn in accordance with law, depose and state that:
1. I am the representative of the plaintiff in the above-captioned

case;
2. I caused the preparation of the foregoing complaint;
3. I read the factual allegations therein contained and the same are
true and correct of my own personal knowledge and on the basis of the
pertinent records made available to me; and
4. I further certify that I have not commenced any other action or

proceeding involving the same issue in the Supreme Court, the Court of
Appeals, or the different divisions thereof, or any other tribunal or agency
and that to the best of my knowledge, no such action or proceeding is
pending in the Supreme Court, the Court of Appeals, or the different
divisions thereof, or any other tribunal or agency; and that if I should learn
that a similar action is pending before the Supreme Court, the Court of
Appeals, or the different divisions thereof, or any other tribunal or agency,
I will notify the Honorable Court within five (5) days from such notice.
EMILIA O. OSCARES
Affiant
SUBSCRIBED AND SWORN to before me this 16 th day of July

2017 at the City of Valenzuela after affiant exhibited to me her competent
evidence of identity by way of Valenzuela City Office of the Senior Citizen
Affairs identification card with control no. 48259, which was issued on 20
February 2015.

Public Attorney II
Pursuant to RA 9406
DOC. NO. 1821;
PAGE NO. 098;
BOOK NO. 003;
SERIES OF 2017.

Complaint For Recovery of Possession

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What is the plaintiff seeking from the court?

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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

1. Plaintiff Danilo M. Oscares is a Filipino, of legal age, married and

2. Defendant Lourdes A. Enalas is likewise a Filipino, of legal age,

FACTUAL ANTECEDENTS AND CAUSES OF ACTION

3. On 28 December 2015, plaintiff bought a parcel of land situated

4. In view of the aforementioned sale, Transfer Certificate of Title

5. On 16 September 2016, a Verification Plan of Lots 15 to 34,

6. Inasmuch as plaintiff and defendant reside in the same barangay

7. Emilia O. Oscares sought legal assistance from the Public

8. On 1 June 2017, Emilia O. Oscares and the defendant appeared

9. Subsequently, defendant had a change of mind, asserting that the

10. Thus, on 19 June 2017, a final demand letter (hereto attached

11. The jurisdiction of the court over an action involving title to or

12. The assessed value of the land owned by plaintiff, which is

13. As a result of the unwarranted and unjustified refusal of the

14. Plaintiff and Emilia O. Oscares are indigent, as evidenced by

WHEREFORE, premises considered, it is most respectfully prayed

a. to demolish such portion of the improvement she constructed on

Other reliefs deemed just and equitable under the foregoing

Valenzuela City, Metro Manila, 20 July 2017.

PUBLIC ATTORNEYS OFFICE

ATTY. RAFAEL D. PANGILINAN

ATTY. DENNIS C. KUONG

Service of the foregoing petition to the defendant was made through

ATTY. RAFAEL D. PANGILINAN

I, EMILIA O. OSCARES, Filipino, of legal age, married, and

1. I am the representative of the plaintiff in the above-captioned

2. I caused the preparation of the foregoing complaint;

4. I further certify that I have not commenced any other action or

SUBSCRIBED AND SWORN to before me this 16 th day of July

ATTY. RAFAEL D. PANGILINAN

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