REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES

FIRST JUDICIAL REGION
Branch 2
Baguio City

Mia Castañeda
Plaintiff

-versus- Civil Case No. 12987

For: Ejectment (Forcible
Entry) with Damages
Primo Guevarra
Respondent.
x-----------------------------x

COMPLAINT FOR EJECTMENT (FORCIBLE ENTRY)

WITH MOTION FOR ISSUANCE OF PRELIMINARY
MANDATORY AND PROHIBITORY INJUNCTION
AND/OR TEMPORARY RESTRAINING ORDER

Plaintiff Mia Castañeda, through counsel, and unto this

Honorable Court, do hereby depose and state that:

THE PARTIES

1. The above-named Plaintiff is of legal age, single, and

a resident of 2005 Valencia St., España Blvd.,
Sampaloc, Manila. She may be served court
processes and other pertinent documents at the

Page 1 of 15
counsel’s address at the VICA Law Office, 3rd Floor,
The Manor Hotel, Camp John Hay, Baguio City. 2.
Defendant Primo Guevarra is of legal age, single, and
 a resident of #51, Outlook Drive, Baguio City, where he
may be served court processes and other pertinent
documents.

AVERMENTS IN SUPPORT OF THE CAUSE OF ACTION

First Cause of Action:

Ejectment (Forcible
Entry)

3. Plaintiff is the registered owner of a 980-square

meter property located at #52 Outlook Drive,
Baguio City, covered by a Transfer Certificate of
Title (TCT) registered in her name, designated as
TCT No. 98765. (Certified Copy of the TCT is
hereby attached as “ANNEX A” and made integral
part hereto).
4. Plaintiff’s name likewise appears in the Tax
Declaration of the said parcel of land, attached
hereto as “ANNEX B” and made integral part
hereto.
5. Adjacent to the property is the land owned by the
Defendant, clearly demarcated by pine trees as
borders. The survey plan of the lot, showing the
demarcation is hereto attached as “ANNEX C” and
made integral part hereto.
6. A house was built thereon, which served as the
ancestral house of the family of the Plaintiff. The
said parcel of land is surrounded by many pine

Page 2 of 15
trees, and a stable for horses was earlier built by
her ancestors.
7. Likewise attached are the separate Tax Declarations
of the House built thereon and the stable for
horses, hereto attached as “ANNEX D” and
“ANNEX E”, respectively.
8. Plaintiff’s family, including her ascendants, has been
living in the said house and occupying the same
land for a quite a time, and thus, they were able
to secure a certificate of title in their favor, which
is registered under her name.
9. Due to the exigencies of the nature of the Plaintiff’s
profession, they moved to Quezon City sometime
around 2002.
10. Ever since they moved to Quezon City, the house
built thereon has served as a vacation house
whenever the Plaintiff’s family visited Baguio City
during the summer season of the year.
11. Once every quarter of the year, Plaintiff employs
some utility workers to do a regular cleaning and
maintenance of the house.
12. Sometime around early 2019, seeing a great
potential for investment, she decided to start a bed
and breakfast hotel business, utilizing the said
house, renovating the same, and building a spa
services house within the property as well.
13. In January 2020, Plaintiff has engaged the services
of JMM Contractors, Inc., a contractor engaged in
the business of building and constructions. Before
signing the engagement contract, Plaintiff and

Page 3 of 15
Bogart Atihao, the chief engineer of JMM, went to
the location of the property for preliminary
observations. Soon thereafter, Plaintiff and JMM
discussed the plans and details of the renovation
and construction.
14. On March 21, 2020, the project and construction
plan has been finalized. Immediately on the same
day, some personnel of the said contractor went to
the said property to do an onsite survey for
 preliminary observations.
15. When the personnel went to the said property, they
saw that there was another structure built thereon,
near the stable for horses, made of wood, and saw
a number of construction workers inside therein.
16. The personnel also observed that the construction
workers were cutting the pine trees serving as a
boundary between Plaintiff’s and Defendant’s
respective lots.
17. Mr. Atihao immediately informed the Plaintiff that
day that they cannot start excavation since a
dwelling was built on the spot where they intended
to do excavate. He also informed Plaintiff that there
were construction workers who were cutting trees.
18. On July 18, 2020, when travel restrictions were
relatively relaxed, Plaintiff was able to personally
travel to Baguio City to witness the said structures
in her property, to which she has personally
witnessed the same.
19. During the time that Plaintiff went to her property,
she saw that the construction workers were cutting

Page 4 of 15
the nearby Pine trees within the boundaries of her
property, totaling to more or less 15 pine trees. 20.
Aggrieved, Plaintiff confronted the said construction
workers and asked who employed them to cut the
trees. The construction workers pointed out that it was
Defendant who employed their services to cut the said
trees, who lived in the adjacent lot. 21. Plaintiff also
inquired why the construction workers constructed their
dwelling in the stable for horses. The construction
workers responded that it was Defendant who
specifically directed them to construct shelter therein,
saying that the said property is owned by him.
22. On that same date, Plaintiff went to the office of the
Barangay Captain of Camp John Hay to inform the
encroachment of the property by the Defendant, by
cutting trees located thereon and ordering &
misrepresenting to the construction workers that
the land was his.
23. On July 20, 2020, the Barangay Captain sent a
letter to the Defendant ordering him to appear
before him to explain his presence in the said
parcel of land.
24. The letter that was sent out appeared to be futile
as the Defendant did not heed to such order.
However, the cutting of trees and the occupation of
the construction workers persisted in the property.
25. On July 22, Plaintiff, together with Barangay
Captain Manuel de la Cruz, went to the said
property so that the latter can personally order the

Page 5 of 15
stoppage of the cutting of the trees, and to inform
the construction workers that the said property was
indeed owned by the Plaintiff, and not by the
Defendant, and that they needed to relocate their
dwelling.
26. The construction workers, in response, were
insistent that they were just acting upon the orders
of Defendant, who, according to one of the
workers, insisted that the land was his, and
ordered them to even improve the structure of
their dwelling.
27. At that point in time, around 2 more pine trees were
cut down, and one was about to be cut, if not for
the arrival of the Plaintiff and the Barangay
Captain.
28. On September 30, 2020, Plaintiff, through counsel,
 sent a Formal Demand Letter to vacate the
premises encroached by Defendant through stealth
and a fraudulent strategy of representing that the
land was his, and the cutting of trees located
thereon, without the consent and permission of the
Plaintiff, attached hereto as “ANNEX F” and made
integral part hereto.
29. As of this writing, Defendant did not heed the call
as asserted in the Demand letter.
30. Likewise, around 30 pine trees are now additionally
cut, without any apparent intent of the Defendant
to stop or desist, as manifested by the continuous
presence of the construction workers, including
their tools and materials.
31. Due to the urgency of the situation, and the motion
of the Plaintiff before this Court for the issuance of

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preliminary injunctive relief, Plaintiff was not able
to avail of the Barangay Conciliation proceedings
before the Barangay anymore.

Demand for
Reasonable Rents

32. Due to the unlawful occupation of the Defendant

through stealth and strategy, taking advantage of
the fact Plaintiff is residing in Manila, and by
fraudulently representing that he owns the land,
the latter was unable to enjoy the possessory
rights over the said parcel of land, including the
renovation and building of structures to be utilized
for her intended business.
33. Thus, Plaintiff is entitled to recover from Defendant
reasonable rents amounting to Php 15,000 per
month, reckoned from March 2020, until the
 termination of the case, or until the Defendant
vacates the said property, whichever is earlier.
34. Plaintiff is likewise constrained to engage the
services of counsel due to the unlawful occupation
of the Defendant in the said premises, with an
amount of Php 75,000.

Facts in support of
the Motion for the
Issuance of a
Preliminary
Mandatory and
Prohibitory

Page 7 of 15
Injunction and/or
Temporary
Restraining Order

35. The Plaintiff repleads the foregoing allegations by

reference.
36. Plaintiff has a clear, legal right, that is, to possess
the subject property which she owns, manifested
by the TCT over the land, registered in her name.
37. Such right of the Plaintiff is threatened by an act of
Defendant when the latter obtained possession
over the subject property and cut at least fifteen
(15) pine trees originally growing on the Plaintiff’s
property, and the continuous and persistent cutting
of trees, without intent to refrain from doing the
same.
38. Defendant’s unfounded insistence and
representation that he owns the parcel of land
where the dwelling was built likewise constitutes a
continuing threat over the Plaintiff’s rightful
possession of the land.
39. Unless restrained during the pendency of the
present action, Defendant’s acts will cause grave
and irreparable injury to the Plaintiff who will suffer
more damages as a result thereof, including, but
not limited to the deprivation of the Plaintiff’s
possessory rights over the trees grown within the
property, and the enjoyment of the said property,
including the planned renovation and construction
of additional structures.

Page 8 of 15
40. The Plaintiff is entitled to the relief demanded, and
the whole of such relief consists in restraining the
commission perpetually.
41. The continuance of the acts of the Defendant
complained of during the litigation would probably
work injustice to the Plaintiff.
42. Plaintiff is ready and willing to file a bond executed
to the enjoined defendant, in an amount to be fixed
by the court, to the effect that the Plaintiff will pay
to such party all damages which the latter may
sustain by reason of the injunction or temporary
restraining order if the court should finally decide
that the applicant was not entitled thereto.

TESTIMONIAL AND DOCUMENTARY EVIDENCE IN

SUPPORT OF THE COMPLAINT

43. Plaintiff submits the following evidentiary matters to

prove the respective averments contained in this
complaint.
44. The JUDICIAL AFFIDAVIT of Plaintiff-Witness Mia
Castañeda is hereby offered to prove that she is
the owner and rightful possessor of the parcel of
land where the Defendant is illegally occupying; to
 prove that she was unlawfully deprived of her
rightful possession; that she did not give any
consent to the Defendant to allow his occupation
thereto, hereby attached as “ANNEX G” and
made integral part hereto;
45. The JUDICIAL AFFIDAVIT of Witness Bogart
Atihao, to prove that no one is occupying the

Page 9 of 15
property during their first visit, and that they only
came to know of defendant’s unlawful possession
over the land on March 21, 2020 hereby attached
as “ANNEX H” and made integral part hereto;
46. The TRANSFER CERTIFICATE OF TITLE NO.
98765 is hereby offered to prove that the plaintiff,
as the registered owner of the parcel of land, has
the right to possess to the exclusion of the
Defendant who currently occupies the same
illegally;
47. The SURVEY PLAN is hereby offered to prove the
meets and bounds of the property covered by the
aforementioned title registered under the name of
the Plaintiff, and that the portion being occupied by
the Defendant is within the boundaries of the
property of the Plaintiff;
48. The TAX DECLARATION NO. 01-0088-000718 is
being offered as evidence to prove that the
ancestral home located within the premises of the
property is registered under the name of the
Plaintiff and that the plaintiff has prior possession
of the subject property by exercising her rights
over the same;
49. The TAX DECLARATION NO. 01-00088-000989 is
hereby offered to prove that the Plaintiff is the
owner and rightful possessor of the stable and that
 occupation of the same by the construction
workers hired by the Defendant is illegal;
50. The DEMAND LETTER DATED SEPTEMBER 30,
2020 is hereby being offered to prove that the

Page 10 of 15
Plaintiff formally demanded that the Defendant
vacate the subject property;
51. The following OFFICIAL RECEIPTS FROM THE
CITY TREASURER OF BAGUIO is hereby offered
to prove that the plaintiff is not remiss on her
obligation to pay real property taxes over her
subject properties, hereto attached as “ANNEX I,”
“ANNEX J” and “ANNEX K”, respectively:
i. OR No. 8637474 for the payment of real
property taxes over the land;
ii. OR No. 8637475 for the payment of real
property taxes over the building erected
thereon; and
iii. OR No. 8637476 for the payment of real
property taxes over the stable erected
thereon.
PRAYER

WHEREFORE, premises considered, Plaintiff most

respectfully prays that judgment be rendered:

1. Granting the Motion for Injunctive Relief for

Mandatory Injunction for Defendant to
immediately vacate the premises and be
Prohibited to continue further cutting of Pine
Trees;
2. Ordering Defendant to perpetually vacate the
premises and peacefully turn-over the possession
thereof to the Plaintiff;
3. Ordering the Defendant to pay Plaintiff the amount of
 Fifteen Thousand Pesos (Php 15,000) per
month, reckoned from March 2020 until the

Page 11 of 15
termination of the case, or until the
Defendant vacates the property, whichever
comes first, representing damages in the form of
reasonable rents for the occupation of the former
over the latter’s property, and;
4. Ordering the Defendant to pay the sum of Seventy
Five Thousand Pesos (Php 75,000)
representing Attorney’s fees.

Other reliefs deemed just and equitable by this

Honorable Court are likewise respectfully prayed for.

Baguio City, October 29, 2020.

VICA LAW OFFICES

Counsel for the Plaintiff
3rd Floor, The Manor Hotel, Camp John Hay, Baguio City
Telephone Number: 610-7567
[email protected]

By:

Atty. Eric Karl Nicholas M. Aguilar

Roll of Attorneys No. 89034
IBP Lifetime Membership No. 07123
PTR No. 982791/ 09-02-2020, Baguio City
MCLE Compliance (on process)

Page 12 of 15
 Atty. Elijah Roland A.
Cosalan Roll of Attorneys No.
321456
IBP Lifetime Membership No. 22433 PTR
No. 222333/ 09-02-2020, Baguio City
MCLE Compliance (on process)

Atty. Delight Grace P.

Ignacio Roll of Attorneys No.
76613
IBP Lifetime Membership No. 21934
PTR No. 752363/ 08-24-20, Baguio
City MCLE Compliance (on process)

Atty. Irish Ruth L. Villanueva

Roll of Attorneys No. 82502
IBP Lifetime Membership No.
162665 PTR No. 8637474/
09-02-2020
MCLE Compliance (on process)

Page 13 of 15
VERIFICATION AND CERTIFICATION AGAINST
FORUM-SHOPPING
 I, MIA CASTAÑEDA, of legal age, Filipino, single, and a
resident of the Philippines, after having been duly sworn to in
accordance with law hereby depose and state that:

1. I am the Petitioner in the above-titled case; 2. I

have caused the preparation of the foregoing Petition,
the contents of which are all true and correct to my
personal knowledge and authentic documents;
3. The pleading is not filed to harass, cause
unnecessary delay, or needlessly increase the cost
of litigation; and
4. The factual allegations herein have evidentiary
support, or if specifically so identified, will likewise
have evidentiary support after a reasonable
opportunity for discovery;
5. I further certify that:
a. I have not theretofore commenced any action or
filed any claim involving the same issues in any
court, tribunal, or quasi-judicial agency, and to
the best of my knowledge, no such action is
pending in any tribunal;
b. Should I learn that similar action or proceeding
has been filed or is pending in any tribunal, I
undertake to report that fact within five (5) day
therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand

this 29th day of October 2020 in Baguio City, Philippines.

Page 14 of 15
mia castaneda
MIA CASTAÑEDA
Affiant

SUBSCRIBED AND SWORN TO before me, this 29th

 day of October, 2020 in Baguio City by MIA CASTAÑEDA
exhibiting as competent proof of identity her Philippine
Passport, with number ASS2214452 valid until December
2021.

Kid K. Ulafu
Notary Public for the City of Baguio
Until 2022
Roll of Attorney No. 111222
IBP Lifetime No. 312451
PTR No. 22314124/ 08-02-2020, Baguio City
MCLE Compliance No.214521
Kulafu Law
Room 314, Laperal Building, Session Road
Baguio City
Tel. No. 610-7578

Doc No.: 24;

Page No. : 33;
Book No. : 2;
Series of 2020;

Page 15 of 15
Judicial Form No. 109-D (Revised 2009)

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DEPARTMENT OF JUSTICE
0
0

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9

Land Registration
0

"ANNEX A"
Authority
REPUBLIC OF THE PHILIPPINES
 Transfer
Certificate of Title
OWNER’S DUPLICATE OWNER’S DUPLICATE OWNER’S

QUEZON CITY DUPLICATE OWNER’S DUPLICATE No. 98765

Registry of Deeds for Baguio City

IT IS HEREBY CERTIFIED that certain land situated in CITY of BAGUIO, bounded

and described as follows:
LOT NO.: 001-A BLOCK NO.: 1000 PLAN NO.: ABC-0001, PORTION OF:
LOT 001, GLRO CAD NO. 0001,
LOCATION: OUTLOOK DRIVE, BAGUIO CITY (Continued on the next page)
is registered in accordance with the provision of the Property
Registration Decree in the name of
Owner: MIA CASTANEDA, FILIPINO, LEGAL AGE
Address: 2005 VALENCIA ST., ESPAÑA BLVD., SAMPALOC, MANILA
as owner thereof in fee simple, subject to such of the encumbrance mentioned in
Section 44 of said Decree as may be subsisting.

IT IS HEREBY CERTIFIED that said land was originally registered as follows:

Case No.: Record No.: 0001 Case No. 1 Orig. Reg. Date: 06-05-1990
Decree No.: 0001
Original RD: Baguio City OCT No.: OCT-0001
Volume No.: A-1 Page No.: 001
Original Owner:
This certificate is a transfer from TRANSFER CERTIFICATE OF TITLE
000001 which is/are cancelled by virtue hereof in so far as the
above-described land is concerned.

Entered at Baguio City, Philippines, on the 5th day of June,

2013 at 4:00pm.

Atty. Juan dela Cruz

Registrar of Deed III

"ANNEX B"
"ANNEX C"
"ANNEX D"
"ANNEX E"
 "ANNEX F"

VILLANUEVA, IGNACIO, COSALAN & AGUILAR

Law Offices
 3rd Floor, The Manor, Camp John Hay, Baguio City | [email protected] | 610-7567

September 30,

2020

Mr. Primo Guevarra

#51 Outlook Drive
Baguio City

Mr. Guevarra:

Greetings!

This letter is sent in relation to the concern of our client, Ms. Mia
Castañeda, pertaining to your illegal encroachment of her property located at
#52 Outlook Drive, Baguio City.

Please be informed that the portion of property occupied by your

construction workers belong to her, and therefore, must immediately be
vacated, as she and her contractors will be doing renovations and
constructions thereon.

We also urge you to cease and desist from cutting the pine trees
located within her property. Take note that the decision on how the trees
shall be utilized exclusively belongs to her, being the rightful owner of the
land where it stands.

This is an official demand for you to peacefully vacate, and desist in

further cutting the trees, as these encroach upon her right to possess the
said land that she rightfully owns by title. You have until October 4, 2020 to
do so.

Your failure to act upon this matter on or before the said date shall be
construed as an illegal refusal on your part, which shall be the basis for filing
the appropriate legal case/s against you.

We anticipate a favorable response from you.

Yours,

Atty. Elijah Roland Cosalan

Counsel for Mia Castañeda
"ANNEX G"

REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES
FIRST JUDICIAL REGION
Branch No. __
Baguio City,

Mia Castaneda
Plaintiff,
Civil Case No. ______
- versus -
For: Ejectment
 (Forcible Entry)
with Damages
Primo Guevarra
Respondent
x ---------------------------------------- x

JUDICIAL AFFIDAVIT OF Mia Castaneda

(in lieu of direct examination)

PURPOSE: The testimony of the witness is being offered to

prove:
1. Witness is the true owner of a 980 square meter
property covered by TCT No. 98765, located at Outlook
Drive, Baguio City including the improvements thereon.
2. As the owner of the property, she has the better
right of possession over the property and its improvements
thereon.
3. Witness never surrendered her right of possession
over the property to defendant Primo Guevarra or to other
third parties.
4. Other matters necessary to establish the allegations
in the Complaint Affidavit.

I, Mia Castaneda, Filipino citizen, single, of legal age, with

residence at 2005 Valencia St., España Blvd., Sampaloc,
Manila, after having been duly sworn in accordance with law,
hereby depose and state:

1
PRELIMINARY STATEMENT

The persons examining me are Atty. Elijah Roland Cosalan,

Atty. Delight Grace P. Ignacio, Atty. Irish Ruth L. Villanueva
and Atty. Eric Karl Nicholas Aguilar with address at VICA
Law, 3rd Floor, Manor Hotel, Camp John Hay, Baguio City.
The examination is being held at the same address. I am
answering their questions fully conscious that I do so
under oath and may face criminal liability for false
testimony and perjury.

AFFIDAVIT PROPER

Q1: In what language do you prefer to be

asked? A: In English, Atty.

Q2: Do you give your consent to have your direct testimony

in the form of a Judicial Affidavit?
A: Yes.

Q3: What is your purpose in giving your direct testimony

through this Judicial Affidavit?
A: I am offering my testimony in order for the court to order
Mr. Primo Guevarra and his men to vacate the land I
own, and to stop them from further cutting the pine
trees located within my property.

Q4: Please state your name, civil status, citizenship, and

your address, and other personal circumstances you
wish to add.
A: I am Mia Castaneda, 40 years old, single, with residence
at 2005 Valencia St., España Blvd., Sampaloc, Manila.

Q5: Ms. Witness, you claimed earlier that you are the owner
of the property-in-dispute which has been allegedly
encroached upon. What document do you have with you
which would prove your claim of ownership over the
said property-in-dispute?
A: Atty., I have with me the title of the property. It says here
that the property is covered by TCT No. 98765 and the
title is in my name po which is Mia Castaneda.

Q6: Please describe the property that you own, Madam

Witness.

2
A: The lot has an area of 980 square meter property and is
located at Outlook Drive, Baguio City. Erected on the
land is our ancestral summer house and it is surrounded
by many pine trees. There also is an old stable for
horses located on the property, Atty.

Q7: What were your plans over that property, if any? A: I

wanted to develop the property, Atty. I wanted to start a
business on that property po.

Q8: What exactly did you plan to do on the property, Ms.

Witness?
A: Atty., I wanted to convert the house and turn it into a Bed
and Breakfast. I also wanted to build a spa over it.

Q9: When were you planning to start with the construction or

renovation of your property to achieve your business
goals, Ms. Witness?
A: Actually I already hired contractors who will start with the
excavations for the spa. They were supposed to start on
March 21, 2020. However, to my surprise, my
contractors told me that they could not proceed with the
excavation on March 21, 2020 since there was a
 dwelling of construction workers located on the
excavation site.

Q10: Ms. Witness, when did you construct a dwelling for

construction workers on your property? You did not
mention that to me a while ago.
A: Atty., the said dwelling was actually the stable for horses
which has been erected on my property for how many
years now. I never gave my consent for it to be used as
a dwelling for any person for that matter. In fact, I do
not even know who those construction workers were.

Q11: So upon knowing that there were unknown individuals

occupying your property, what did you do?
A: I wanted to go to Baguio immediately to see for myself
but I can’t because of the travel restrictions brought
about by the pandemic. But when the government has
allowed travels, I immediately processed my travel
documents and came up here in Baguio and proceeded
to the property right after triage. I was able to arrive at
the morning of July 18, 2020.

Q12: Upon seeing your property, what did you find out?

3
A: I found out that what my contractors were saying was
true. There are indeed construction workers and they
converted my stable into their barracks. So I went to
confront them and they told me that they were
employed by Mr. Primo.

Q13: What were the construction workers doing on your

property?
A: They were cutting my pine trees.

Q14: How many pine trees were already taken down? A:

They already managed to cut more or less 15 pine trees and
it seems that they will still cut some more.

Q15: Madam Witness, who is the employer of those

construction workers?
A: I found out that they were employed by Primo Guevarra.

Q16: Who is Primo Guevarra?

A: He owns the property adjoining to mine. Technically, he is
my neighbor.

Q17: Do you have any agreement or arrangement with Mr.

Guevarra with respect to your property?
A: None, Atty. Never did I had any engagement with him
with respect to my property since I do not intend nor
plan to transfer ownership or possession to any person
 because of my business plan.

Q18: What did you do next?

A: I immediately went to the barangay captain of Camp John
Hay to report the incident. The barangay captain told
me that he would send a demand letter to Mr. Primo
and stop him from proceeding with the tree cutting.

Q19: Was there a demand letter sent?

A: Yes. Barangay Chairman Manuel Dela Cruz told me that
they sent a demand letter but Mr. Primo did not heed
the demand letter. So I went to my property again with
Mr. Dela Cruz on July 22, 2020 to stop the cutting of
trees but the construction workers refused to do so.
They continued with cutting of the trees.

Q20: Do you have a copy of the demand letter which was

sent by Mr. Dela Cruz?

4
A: Yes. The receiving copy is with me dated July 20, 2020.

Q21: Madam Witness, when your demand was unheeded by

the defendant, what was the next thing which you did? A: I
already went to your office, Atty. to seek legal counsel. We
discussed along with your other partners and then we sent a
formal letter of demand to Mr. Primo, demanding him to
vacate the premises already. I believe it was sent on
September 30, 2020.

Q22: What happened to that demand letter, Ms. Witness?

The one sent by this office?
A: As usual, Atty., it was unheeded by the defendant Primo.

Q23: At present, what is the condition of your property? A:

Atty. I did some ocular inspection and I found out that more
or less 30 pine trees have been taken down already.

Q24: Madam Witness, when was the last time you saw your
property prior to this day?
A: Last January 2020 po, Atty.

Q25: What was the purpose of your visit, madam witness? A:

I met with the contractor referred to me by a friend. We
discussed the project and I brought him to the project site.

Q26: What was the name of the contractor you

hired? A: Bogart Atihao.

Q27: Madam Witness, in the said inspection of the project

site, were the construction workers already there?
A: None, Atty. It was just us and his team.

Q28: Madam Witness, did you hire any caretaker to oversee

your property here in Baguio during your absence? A: None,
Atty. as I was saving money for my business.

Q29: What other things do you want to add, Ms.

Witness? A: No more, Atty.

Further affiant sayeth naught.

5
BAGUIO CITY; October 29, 2020.

mia castaneda
Mia Castaneda
Affiant

VICA Law Offices

rd
3 Floor, Manor Hotel, Camp John Hay
Baguio City
Tel. No. 610-7567
[email protected]

Atty. Elijah Roland A. Cosalan

Roll of Attorney No. 321456
IBP Lifetime No. 22433
PTR No. 222333/ 09-02-2020, Baguio City
MCLE Compliance No. (on process)

Atty. Eric Karl Nicholas M. Aguilar

Roll of Attorneys No. 89034
IBP Lifetime Membership No. 07123
PTR No. 982791/ 09-02-2020, Baguio City
MCLE Compliance (on process)

Atty. Delight Grace P. Ignacio

Roll of Attorneys No. 76613
IBP Lifetime Membership No. 21934
PTR No. 752363/ 08-24-20, Baguio City
MCLE Compliance (on process)
 Atty. Irish Ruth L. Villanueva
Roll of Attorneys No. 82502
IBP Lifetime Membership No. 162665
PTR No. 8637474/ 09-02-2020
MCLE Compliance (on process)

6
SUBSCRIBED AND SWORN TO before me, this 29th
day of October, 2020 in Baguio City by MIA CASTAÑEDA
exhibiting as competent proof of identity her Philippine
Passport, with number ASS2214452 valid until December
2021.

Kid K. Ulafu
Notary Public for the City of Baguio
Until 2022
Roll of Attorney No. 111222
IBP Lifetime No. 312451
PTR No. 22314124/ 08-02-2020, Baguio City
MCLE Compliance No.214521
Kulafu Law
Room 314, Laperal Building, Session Road
Baguio City
Tel. No. 610-7578

Doc No.: 25;

Page No. : 33;
Book No. : 2;
Series of 2020;
 7
"ANNEX H"

REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES
FIRST JUDICIAL REGION
Branch No. __
Baguio City,

Mia Castaneda
Plaintiff,
Civil Case No. ______
- versus -
For: Ejectment
(Forcible Entry)
with Damages
Primo Guevarra
Respondent
x ---------------------------------------- x

JUDICIAL AFFIDAVIT OF BOGART

ATIHAO (in lieu of direct examination)

PURPOSE: The testimony of the witness is being offered to

prove:
1. Witness is one of the hired contractors of Mia
Castaneda
2. Witness was not able to proceed with his work since
there was a dwelling of construction workers located on the
excavation site
 3. Other matters necessary to establish the allegations
in the Complaint Affidavit.

I, Bogart Atihao, Filipino citizen, single, of legal age, with

residence at 41 New Lucban, Baguio City, after having been
duly sworn in accordance with law, hereby depose and state:

PRELIMINARY STATEMENT

The persons examining me are Atty. Elijah Roland Cosalan,

Atty. Delight Grace P. Ignacio, Atty. Irish Ruth L. Villanueva
and Atty. Eric Karl Nicholas Aguilar with address at VICA
Law, 3rd Floor, Manor Hotel, Camp John Hay, Baguio City.
The examination is being held at the same address. I am

1
answering their questions fully conscious that I do so
under oath and may face criminal liability for false
testimony and perjury.

AFFIDAVIT PROPER

Q1: In what language do you prefer to be

asked? A: In English, Atty.

Q2: Do you give your consent to have your direct testimony

in the form of a Judicial Affidavit?
A: Yes.

Q3: What is your purpose in giving your direct testimony

through this Judicial Affidavit?
A: I am offering my testimony to show to the court that I
was not able to fulfill my duty because of some
individuals occupying the project site.

Q4: Please state your name, civil status, citizenship, and

your address, and other personal circumstances you
wish to add.
A: I am Bogart Atihao, 40 years old, single, with residence at
41 New Lucban, Baguio City.

Q5: Mr. Witness, what do you do for a living?

A: Atty., I own an independent construction firm.

Q6: Who is Ms. Mia Castaneda?

A: She is one of our clients, Atty.

Q7: How did she become your client?

A: She came to know of our services as we were referred by
her friend, Ms. Cruz. We had a meeting sometime last
year, around January 2020, Atty. to discuss a project
 over a lot which she owns.

Q8: What was the project all about?

A: Atty., she informed us that she owns a lot with an old
house and an old stable located at Outlook Drive. She
said that the house will be turned into a bed and
breakfast. The old stable, on the other hand, will be
turned into a spa.

Q9: Were you able to physically see the project site?

2
A: Yes, we did Atty. Ms. Mia Castaneda brought us there for
us to have an idea of her desired outcome.

Q10: While you were there, who were occupying the property
she owns?
A: None, Atty. No one was residing in the old house and it
was confirmed by Ms. Castaneda. Even the stable was
empty.

Q11: Mr. Witness, did you accept the project?

A: Yes, we did Atty.

Q12: What were the terms of your agreement, Mr. Witness?

A: She wanted to start with the spa first before renovating
the house into a bed and breakfast.

Q13: After accepting the project, did you start right away? A:
No Atty. She was still raising funds at that time. She said
that she will just give her go signal before we can go to the
property.

Q14: So when did she give her go signal?

A: Last March 18, 2020, Atty. But we did not go right away
since we have to prepare our excavation tools.

Q15: So when did you go to the project site?

A: We went to the project site on March 21, 2020.

Q16: What happened on that day? March 21, 2020? A: Me

and my team were supposed to start with the excavation on
the area of the stable. However, we cannot proceed with it
as the stable was the barracks of construction workers.

Q17: What were the construction workers doing when you

arrived?
A: They were in the process of cutting pine trees.

Q18: How many pine trees were already taken down when
you arrived?
A: More or less 5 pine trees, Atty.

Q19: What happened next?

3
A: I thought that the construction workers were hired by Ms.
Mia so I talked to them to clear things out. However, it
appears that it was not Ms. Mia who hired them, but one
Mr. Primo Guevarra.

Q20: After your conversation with the workers, what did you
do next?
A: I immediately called Ms. Mia and told her what exactly
happened: that we cannot proceed with the excavation
since the stable was the barracks of construction
workers employed by Guevarra, and that they have
already taken down 5 pine trees.

Q20: When did you call Ms. Mia Castaneda?

A: On the same day, Atty. March 21, 2020.

Q21: Then what happened next?

A: We just left the property, Atty. as there was nothing we
can do. We will just wait for the instructions of Ms. Mia
Castaneda.

Q22: What other things do you want to add, Mr. Witness? A:

Atty., Ms. Mia sounded surprised when we informed her of
what happened.

Q23: What other things do you want to add, Ms.

Witness? A: No more, Atty.

Further affiant sayeth naught.

BAGUIO CITY; October 29, 2020.

bogart atihao
Bogart Atihao
Affiant

VICA Law Offices

rd
3 Floor, Manor Hotel, Camp John Hay
Baguio City
Tel. No. 610-7567
[email protected]
 4
Atty. Elijah Roland A.
Cosalan Roll of Attorney No.
321456
IBP Lifetime No. 22433
PTR No. 222333/ 09-02-2020, Baguio
City MCLE Compliance No. (on process)

Atty. Eric Karl Nicholas M. Aguilar

Roll of Attorneys No. 89034
IBP Lifetime Membership No. 07123 PTR
No. 982791/ 09-02-2020, Baguio City
MCLE Compliance (on process)

Atty. Delight Grace P.

Ignacio Roll of Attorneys No.
76613
IBP Lifetime Membership No. 21934
PTR No. 752363/ 08-24-20, Baguio
City MCLE Compliance (on process)

Atty. Irish Ruth L. Villanueva

Roll of Attorneys No. 82502
IBP Lifetime Membership No.
162665 PTR No. 8637474/
09-02-2020
MCLE Compliance (on process)

5
 SUBSCRIBED AND SWORN TO before me, this 29th
day of October, 2020 in Baguio City by BOGART ATIHAO
exhibiting as competent proof of identity her Philippine
Passport, with number ASS2214453 valid until December
2021.

Kid K. Ulafu
Notary Public for the City of Baguio
Until 2022
Roll of Attorney No. 111222
IBP Lifetime No. 312451
PTR No. 22314124/ 08-02-2020, Baguio City
MCLE Compliance No.214521
Kulafu Law
Room 314, Laperal Building, Session Road
Baguio City
Tel. No. 610-7578

Doc No.: 26;

Page No. : 34;
Book No. : 2;
Series of 2020;

6
"ANNEX I"

OFFICIAL RECEIPT
 Republic of the Philippines
City of Baguio
OFFICE OF THE CITY TREASURER

Accountable Form No. 51

Revised January 1992 O R I G I N A L

DATE

PAYOR
01/20/2020 BAG
8637474 No. FUND AND

MIA CASTANEDA
NATURE OF 2940.00
COLLECTION

RP Tax
TD No. TOTAL
01-00088-003 AMOUNT
310
ACCOUNT 2940.00
CODE

AMOUNT IN WORDS
only

Drawee Bank Number Date

• Cash
• Check
• Money Order
two thousand nine
hundred forty pesos

Received the amount stated above.

Mr. Alex Cabarrubias

City Treasurer

Collecting Officer
NOTE: Write the number and date of this receipt on the back of the treasury warrant, check, or money order received.

"ANNEX J"

OFFICIAL RECEIPT

Republic of the Philippines

City of Baguio
OFFICE OF THE CITY TREASURER

Accountable Form No. 51

Revised January 1992 O R I G I N A L

DATE
8637475 No.
PAYOR
01/20/2020 BAG MIA CASTANEDA
 FUND AND
NATURE OF 822.50
COLLECTION

RP Tax
TD No. TOTAL
01-0088-0007 AMOUNT
18
ACCOUNT 822.50
CODE

AMOUNT IN WORDS
and 50/100

Drawee Bank Number Date

• Cash
• Check
• Money Order
eight hundred
twenty-two pesos

Received the amount stated above.

Mr. Alex Cabarrubias

City Treasurer

Collecting Officer
NOTE: Write the number and date of this receipt on the back of the treasury warrant, check, or money order received.

"ANNEX K"

OFFICIAL RECEIPT

Republic of the Philippines

City of Baguio
OFFICE OF THE CITY TREASURER

Accountable Form No. 51

Revised January 1992 O R I G I N A L

DATE

PAYOR
01/20/2020 BAG
8637476 No. FUND AND

MIA CASTANEDA
NATURE OF 01-00088-000
COLLECTION
989
ACCOUNT
RP Tax CODE
TD No.
 111.25 111.25

TOTAL
AMOUNT

AMOUNT IN WORDS
and 25/100

Drawee Bank Number Date

• Cash
• Check
• Money Order
eight hundred
twenty-two pesos

Received the amount stated above.

Mr. Alex Cabarrubias

City Treasurer

Collecting Officer
NOTE: Write the number and date of this receipt on the back of the treasury warrant, check, or money order received.

2 lowest 2 4 6 8 10

Completeness of Form

Sufficiency and accuracy of averments/allegations

Chronology, Relation, Fluidity and Style in the formulation of averments

Completeness of Documentary Exhibits and Creativity in its production

Compliance with related laws, issuances, and jurisprudence

TOTAL