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Republic of the Philippines

Municipal Trial Court in Cities
6
th
Judicial Region
Branch 5
Boracay Island, Malay, Aklan


SPOUSES GREGORIO SANSON and
MA. LOURDES SANSON,
Plaintiffs,

-versus- Civil Case No. R- _____

HEIRS OF ANTONIO TAPUZ, For: FORCIBLE ENTRY
Defendants.
x----------------------------------------------/


COMPLAINT

PLAINTIFFS, by counsel, to this Honorable Court, respectfully aver: That
1. Plaintiffs are spouses, both of legal age, residents of Sitio Pinaungon,
Balabag, Boracay, Malay, Aklan. They can be served with notices and
other court processes at their given address or through undersigned
counsel, at the address herein below given;

2. Defendants are of legal age,

3. Plaintiffs are registered owners of Lot No. ____________________,
located in Sitio Pinaungon, Balabag, Boracay, Malay, Aklan covered
under Transfer Certificate of Title No. 35813 of the Registry of Deeds
of Malay, Aklan, a photocopy of which is attached as Annex A and
made as an integral part hereof;
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4. Plaintiffs acquired the subject property by virtue of a Deed of
Absolute Sale executed by its previous owners, on May 27, 1993
(Annex B);

5. After acquiring the land in 1993, Plaintiffs constructed a concrete and
cyclone wire perimeter fence around the subject property (Annex C)
and religiously paid real estate taxes due thereon up to the present as
shown by photocopies of the Tax Declarations attached herein (Annex
D);

6. Plaintiffs had been in physical possession of the whole lot since 1993
up to January 4, 2014 when the Defendants, entered a portion of the
land with the view of inhabiting and building structures over the
same;

7. Plaintiffs confronted Defendants before BSPU Police chief Inspector
Jack L. Wanky and Barangay Captain Glenn Sacapao. As a result of
their confrontation, the parties signed an Agreement (Annex E)
wherein defendants agreed to vacate the disputed portion of the land
in question and agreed not to build any structures thereon;

8. After the incident of January 4, 2014, security guards were posted by
the plaintiffs in the area.

9. On or about 6:30 AM of April 19, 2014, Defendants, some with bolos
and one carrying a sack suspected to contain firearms with other John
Does numbering about 120 persons, by force and intimidation,
forcibly entered the premises along the road and built a nipa and
bamboo structure inside the lot in question. The incident was captured
in a photograph attached as Annex F and made an integral part
hereof;
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10. The incident was promptly reported to the proper authorities as
shown by plaintiffs Certification of Entry in the police blotter (Annex
G);

11. On the same date of April 19, 2014, the plaintiffs filed a complaint
with the Office of the Lupong Tagapamayapa of Barangay Balabag,
Boracay Island, Malay Aklan but no settlement was reached as shown
in their Certificate to File Action (Annex H);

12. Despite being given time to reconsider their position, defendants
obstinately and unlawfully refused to vacate the subject property, as
well as to remove the illegal structures thereon, much to the damage
and prejudice of herein plaintiffs. Thus, defendants have unjustly and
continuously deprived plaintiffs of their legal right to possession and
enjoyment of the subject property;

13. Being registered owners of the subject property; plaintiffs should be
placed in possession thereof, and defendants should be ordered ejected
therefrom as soon as possible in order to prevent further damage on
the part of the plaintiffs;

14. The defendants continued possession of the subject property is
patently illegal, a blatant violation of plaintiffs title thereto;

15. In order to protect plaintiffs interests, defendants should be made to
pay reasonable compensation for their continued illegal use and
occupation of the subject property, in the amount of _____ per month,
from the time of the filing of this complaint until the subject property
is actually vacated, and their illegal structures removed, which amount
should be consigned with this Honorable Court;

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16. In order to propect their interests, plaintiffs were constrained to hire
the services of counsel for an amount of _________;

17. Plaintiffs are likewise expected to incur not less than _________ in
litigation expenses for which defendants should be liable to pay.


PRAYER
WHEREFORE, it is most respectfully prayed of this Honorable Court to
immediately order the defendants to consign with this Honorable Court the
amount of _______ for every month of their use and occupation of the
subject property, from the filing of this complaint until the property is
actually vacated and the illegal structures are removed; and after trial, to
render judgment in favor of the plaintiffs and against the defendants,
ordering the defendants, as follows:
1. to vacate the subject property and remove their structures thereon;

2. to pay the plaintiffs, by way of reasonable compensation for their
continued illegal and unlawful use and occupation of the subject
property, from the filing of this complaint until they shall have
vacated the property and removed their structures therefrom;

3. to pay attorneys fees in the amount of ______;

4. to pay litigation expenses of ________;

5. to pay the costs.
Plaintiffs likewise pray for such other relief as are just and equitable under
the premises.
Boracay Island, Malay, Aklan, 30 September 2014.
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(Name of law firm)
Counsel for the Plaintiffs
(Address)

By:

MA. THERESSA MACATANGAY
IBP Roll No.
PTR No.
Roll of Attorneys No.


AEROS KENT MARTINEZ
IBP Roll No.
PTR No.
Roll of Attorneys No.


KARA JO AIZA MODINA
IBP Roll No.
PTR No.
Roll of Attorneys No.


JULIUS OLIVER MOELLER
IBP Roll No.
PTR No.
Roll of Attorneys No.


ANNE MARGARET MOMONGAN
IBP Roll No.
PTR No.
Roll of Attorneys No.


JANNEIL MONICA MORALES
IBP Roll No.
PTR No.
Roll of Attorneys No.


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VERIFICATION AND CERTIFICATION ON NON-FORUM SHOPPING


WE, SPOUSES GREGORIO SANSON AND MA. LOURDES
SANSON, both of legal age, and residents of Sitio Pinaungon, Balabag,
Boracay, Malay, Aklan, after having been duly sworn in accordance with
law, hereby depose and state that:
1. We are the plaintiffs in this case. We caused the preparation of this
Complaint and have read and understood the contents thereof, the
allegations therein being true and correct of our own knowledge and
belief based on authentic records;

2. We certify that we have not commenced any other action or court
proceedings involving the same issued in the Supreme Court, the
Court of Appeals, or any other tribunal or agency;

3. Should we hereafter learn that a similar action or proceeding has been
filed or is pending before the Supreme Court, the Court of Appeals, or
any other tribunal or agency, we undertake to report this fact to this
Honorable Court within five (5) days from notice of such fact.
IN WITNESS WHEREOF, we have hereunto affixed our signatures
this 30
th
of September, 2014, in Boracay Island, Malay, Aklan, Philippines.

GREGORIO SANSON MA. LOURDES SANSON
Affiant Affiant
CTC # 03947249 CTC # 03947250
Issued at Boracay Island, Issued at Boracay Island
Malay, Aklan Malay, Aklan
on Sept. 30, 2014 on Sept. 30, 2014


SUBSCRIBED AND SWORN TO before me this 30
th
day of
September 2014, in Boracay Island, Malay, Aklan, Philippines, exhibited to
me their respective community tax certificates as set forth below their
names.
Doc. No. 60;
Page No. 14;
Book No. XVI;
Series of 2014