REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 256
City of Muntinlupa

Spouses Nino Presco And Jackie Presco,

Plaintiffs,
Civil Case No.
-versus- For: Accion
Reivindicatoria
And Damages
Princess Diana Villadolid,
Defendant,

x-------------------------------------x

COMPLAINT

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

1.) Plaintiffs Nino and Jackie Presco are spouses, both of legal age, Filipino and
residing at Lot 1, Block 2, Hukom Street, Justice Village, Poblacion, Muntinlupa City;

For purposes of this Complaint, plaintiffs may be served with summons, orders
and other court processes at their counsel’s law office: CELESPARA AND
ASSOCIATES LAW OFFICE with a principal place of business at 123-A Super
Village, Poblacion, Muntinlupai City;

2.)
Defendant Princess Diana VIlladolid is of legal age, Filipino, and residing at
Lot 2, Block 2, Hukom Street, Justice VIllage, Poblacion, Muntinlupa City 2)where
they may be served with summons, orders and other court processes;

3.)
On June 17, 2011, the plaintiffs purchased a 500 square meter subdivision lot
(Lot 1 Block 2) in Justice Village, Poblacion, Muntinlupa City from a certain Ruby
Ryza Mae Lee Kum Kee (Deed of Absolute Sale herein attached as “Annex A”);

4.) The lot is covered by TCT No. T-12345 with a fair market value amounting to
a total of one million two hundred fifty thousand pesos (PhP 1,250,000) and an
assessed value of seven hundred fifty thousand pesos (PhP 750,000) (TCT No.T-
12345 herein attached as “Annex B”);

5.) On July 1, 2017, a relocation survey was conducted over the said lot. The
relocation survey conducted by Engr. Madolin Carag, revealed that Lot 2 has
encroached Lot 1 by 2.88 meters which forms an overlap of 36 square meters (Land
Relocation Survey herein attached as “Annex C”);
 6.) The encroachment of Lot 2 over Lot 1 is apparent because a portion of the
building and concrete fence was built beyond the property line. The encroachment
was also proved by TCT No. T-67890 since the the title clearly does not cover the 36
square meter of Lot 1. According to the survey, it existed since 2009 when an
improvement was built thereon by the owner of Lot 2 (Photographic Images of the
Encroachment and TCT No. T-67890 are herein attached as “Annexes D to D-3 and
Annex E” respectively);

7) On November 30, 2017, plaintiffs sent a demand letter to Defendant Princess

Diana Villadolid, the owner of Lot 2, to vacate the encroached parcel of land. Said
demand letter was however ignored (Demand Letter herein attached as “Annex F”);

8.) The plaintiffs thereafter referred the matter to the Lupon ng Tagapamayapa of
Brgy. Poblacion, Makati City but no settlement was reached (Certificate to File Action
herein attached as “Annex G”);

9.) The willful possession and non-recognition of herein defendant to the asserted
ownership of herein plaintiffs to the subject property constitutes accion
reivindicatoria:

“A boundary dispute must be resolved in the context of accion reivindicatoria, not

an ejectment case. The boundary dispute is not about possession, but encroachment,
that is, whether the property claimed by the defendant formed part of the plaintiff’s
property.”1

10.) Defendant’s evident bad faith in refusing to satisfy plaintiffs’ plain, valid,
just and demandable claim has compelled plaintiffs to litigate and engage the services
of a counsel for ONE HUNDRED THOUSAND PESOS (PhP 100, 000.00).
Defendants should therefore be jointly liable to pay plaintiffs for this amount as
ATTORNEY’S FEES;

11.) Plaintiffs were denied of their rights unto such property, hence, they have
suffered from distress, sleepless nights and anxiety thus, defendants shall jointly pay
them the amount of SIXTY THOUSAND PESOS (PhP 60,000.00) as Moral
Damages;

12.) To serve as an example or correction for the public good, to deter the
perpetration of similar acts by defendant, and to prevent others from following their
example, defendant should be made jointly liable to plaintiffs in the amount of ONE
HUNDRED THOUSAND PESOS (PhP 100, 000.00) as Exemplary Damages.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed to this

Honorable Court render judgment in the plaintiffs favor, and against defendants or
anyone claiming rights under them as follows:

A.)Holding the defendant to remove the improvements introduced beyond the

boundary line of Lot 2;
1
Manalang vs Bienvenido, G.R. No. 156995, January 12, 2015
 B.)Holding defendant to pay SIXTY THOUSAND PESOS (PhP 60, 000.00) as
MORAL DAMAGES;

C.)Holding defendant to pay ONE HUNDRED THOUSAND PESOS (PhP 100,

000.00) as ACTUAL DAMAGES;

D.) Holding defendant to pay ONE HUNDRED THOUSAND PESOS (PhP 100,
000.00) as ATTORNEY’S FEES;

E.) Ordering the Defendants to pay the Plaintiff a monthly rental fee at the rate of
Five Thousand Pesos (P5,000.00) per month, with legal interests, from date the
former took the property as determined by the Court until possession is returned to
the latter or until improvements have been removed.

Other reliefs and remedies under the premises are likewise prayed for.

Poblacion, Muntinlupa City, March 16, 2018

JESSIE A. CELESPARA
Counsel for Plaintiff
123-A Super Village, Poblacion,
Muntinlupa CIty
PTR No. 7151978/01-05-15/
Roll of Attorneys No. 86281
IBP No. 315537/8-30-14/Muntinlupa
MCLE Compliance No. IV-00000830/07-
15-14
Email: jessiecelespara@gmail.com / Cell.
No. (0906) 888-8888

Republic of the Philippines )

City of Muntinlupa………….)S.S.

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

WE, Nino and Jackie Presco are of legal ages, Filipino Citizens and after
having been sworn to in accordance with law depose and state THAT:

1. We are the plaintiffs in the above-entitled case;

2. We have caused the preparation of the same;

3. We have read all the allegations contained therein to be true and correct
of our knowledge and belief;

4. We have not commenced any other action nor proceeding involving the
same subject matter in the Supreme Court, Court of Appeals or any other office or
tribunal;

5. If there is any action or proceeding which is filed or has been filed in the
Supreme Court, Court of Appeals or any other tribunal, we understand to report the
fact within five (5) days to the court or office of origin.

NINO PRESCO JACKIE PRESCO

Affiant Affiant
I.D. ___________________ I.D. ___________________

IN WITNESS WHEREOF, we have hereunto set our hands this 16 th day of March
2018 at the city of Poblacion, Makati

SUBSCRIBED AND SWORN to before me this 18th day of March 2018,

affiants having exhibited to me their above-mentioned proofs of identity.

NOTARY PUBLIC

JESSIE A. CELESPARA
 Commission expires on December 31,
2019
123-A Super Village, Poblacion,
Muntinlupa CIty
PTR No. 7151978/01-05-15/
Roll of Attorneys No. 86281
IBP No. 315537/8-30-14/Muntinlupa
MCLE Compliance No. IV-00000830/07-
15-14

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2018