Complaint Sample

Republic of the Philippines
SUPREME COURT
Eighth (8th) Judicial Region
Regional Trial Court- Branch 30
Basey, Samar
CIVIL CASE NO. 2016-00310-

PEARL CARYL C. CADAVIS,
CV
Plaintiff,
FOR: RECOVERY OF
OWNERSHIP AND
-versus- POSSESSION OF REAL
PROPERTY WITH PRAYER
FOR DAMAGES
JOVANY DAMAYO,
Defendant.
x--------------------------------------------x
COMPLAINT
COMES NOW, the plaintiff thru the undersigned counsel unto

this Honorable Court, hereby files the foregoing complaint and in
support thereof most respectfully avers that:
THE PARTIES
1. Plaintiff, Pearl Caryl C. Cadavis, is a Filipino, of legal age,

single, and resident of Brgy. Iba, Basey, Samar. She may be
served with notices, orders, summonses, and other court
processes at her given address or at the address of the
undersigned counsel at:
CONDE LAW OFFICE
1111 L&F Bldg., Real St.,
Tacloban City
2. Defendant, Jovany Damayo, is a Filipino, of legal age, single,

and currently residing at Brgy. Lawa-an, Basey, Samar where
he may be served with notices, orders, summonses, and other
court processes;
3. Both parties have the capacity to sue and be sued;
FACTS OF THE CASE
4. The instant case involves a piece of parcel of land described as

Lot No. 123-A of the subdivision plan (LRC) Psd-43302, a
portion of Lot 123, Basey Cadastre, situated at Barangay
Lawa-an, Basey, Samar, containing an area of SIX HUNDRED
EIGHTY (80) SQUARE METERS, more or less;
5. The subject parcel of land has an assessed value of

TWENTY-FIVE THOUSAND PESOS (PHP 21, 000.00); thus,
the instant case is within the jurisdiction of the Honorable
Court pursuant to Section 19, of Batas Pambansa Bilang 129, as
amended which provides that:
“Section 19. Jurisdiction in civil cases. – Regional

Trial Courts shall exercise exclusive original
jurisdiction:
…xxx…
(2) In all civil actions which involve the title to, or

possession of, real property, or any interest
therein, where the assessed value of the property
involved exceeds Twenty thousand pesos
(P20,000.00) or for civil actions in Metro Manila,
where such the value exceeds Fifty thousand
pesos (50,000.00) except actions for forcible entry
into and unlawful detainer of lands or buildings,
original jurisdiction over which is conferred upon
Metropolitan Trial Courts, Municipal Trial Courts,
and Municipal Circuit Trial Courts;
…xxx…”
6. This doctrine was affirmed by the Supreme Court in its rulings

in the cases of Carmen Danao Malana vs. Tappa, G.R. No. 181303,
September 17, 20091 and Heirs of Concha vs. SPS. Lomocso, G.R.
No. 158121, December 12, 2007;
STATEMENT OF PLAINTIFF’S CAUSE OF ACTION
FIRST CAUSE OF ACTION: RECOVERY OF OWNERSHIP

AND POSSESSION
7. The subject parcel of land is a property previously owned by

the defendant. It was acquired by the plaintiff by way of a
Deed of Absolute Sale executed last May 7, 1981 by defendant.
A copy of the Deed of Absolute Sale dated May 7, 1991 is
hereto attached for the reference of the Honorable Court as
ANNEX-”____ and SERIES”;
8. However, due to the pleas of the defendant that he remain as

the administrator of the subject parcel of land and for
1 To determine which court has jurisdiction over the actions identified in the second paragraph of Section 1, Rule 63 of the
Rules of Court, said provision must be read together with those of the Judiciary Reorganization Act of 1980, as amended.
It is important to note that Section 1, Rule 63 of the Rules of Court does not categorically require that an action to quiet title
be filed before the RTC. It repeatedly uses the word "may" – that an action for quieting of title "may be brought under [the]
Rule" on petitions for declaratory relief, and a person desiring to file a petition for declaratory relief "may x x x bring an
action in the appropriate Regional Trial Court." The use of the word "may" in a statute denotes that the provision is merely
permissive and indicates a mere possibility, an opportunity or an option.23
In contrast, the mandatory provision of the Judiciary Reorganization Act of 1980, as amended, uses the word "shall" and
explicitly requires the MTC to exercise exclusive original jurisdiction over all civil actions which involve title to or
possession of real property where the assessed value does not exceed P20,000.00
humanitarian considerations, plaintiff allowed the defendant
to remain at the subject property to cultivate the same;
9. Sometime in the year 1982, plaintiff had to leave for work

abroad and stayed there until the year 2014. However, when
she came back to Brgy. Lawa-an, Basey, Samar on July 20, 2014
to check on her property, she was surprised to find out that
herein defendant had already constructed a house made of
concrete on the subject property and had introduced other
improvements therein without her prior consent;
10. When she confronted herein defendant about the

improvements he had introduced therein, the latter told her
that it was only proper as he was merely exercising his right of
ownership over the subject parcel of land. Surprised about
defendant’s reply, she inquired unto him further about the
matter;
11. Much to her dismay, herein defendant denied having sold the
property to herein plaintiff purporting that the sale between
them was void and that he was merely coerced to sign the
deed of conveyance. Likewise, he pointed out that it has been
more than thirty (30) years from the time that he has been in
possession of the subject property; thus, he has acquired the
same by way of acquisitive prescription;
12. Dismayed about the turn of events that happened, plaintiff

engaged the services of the undersigned counsel. Thus, on
August 13, 2016, plaintiff through the undersigned counsel for
the purpose of wrote a demand letter to herein defendant to
have cease from exercising rights of ownership over the subject
property and to vacate the same, within fifteen (15) days from
receipt of the letter. A copy of the same Notice to Vacate is
hereto attached as ANNEX-”____”;
13. On August 15, 2016, defendant personally received a copy of
the Notice to Vacate, who affixed his name and signature at the
bottom of the demand letter;
14. However, despite plaintiff’s demands, defendant did not

accede to the same and continues to be in possession of the
subject property, purporting himself to be the owner thereof,
in utter disregard of plaintiff’s rights and claims over the same;
thus, on the filing of the instant case before this Honorable
Court;
15. The instant case was brought by the plaintiff before the Lupon
Tagapamayapa of Barangay Lawa-an, Basey, Samar but parties
failed to settle the matter amicably; thus, for failure of the
parties to have the case settled, a certificate to file action was
issued by the said lupon in favor of herein plaintfiff, a copy of
which is hereto attached as ANNEX-”____ and SERIES”;
SECOND CAUSE OF ACTION: DAMAGES
16. By reason of the unlawful registration and adamant refusal of

the defendant to surrender possession of the subject property,
plaintiff was forced to engage the services of the undersigned
counsel who was paid the amount of THIRTY THOUSAND
PESOS (PHP 30, 000.00) as Acceptance Fee, and will be paid
THREE THOUSAND PESOS (PHP 3, 000.00) as appearance
fees per appearance in court;
17. By reason of the filing of the instant case plaintiff was made to
pay the amount of TEN THOUSAND PESOS (PHP 10, 000.00)
as docket fees and other litigation expenses, and will likely
incur as miscellaneous fees another TEN THOUSAND PESOS
(PHP 10, 000.00);
18. Due to defendant’s act of unlawfully withholding the

ownership and possession of the above-described property,
she suffered anxiety and sleepless night which if quantified by
way of moral damages would amount to no less than FIFTY
THOUSAND PESOS (PHP 50, 000.00);
PRAYER
WHEREFORE, FOREGOING PREMISES CONSIDERED, it is most

respectfully prayed for that after hearing and upon due consideration
of the foregoing complaint that a Decision be rendered by the
Honorable Court, vis:
a) Declaring plaintiff to be the true and lawful owner of Lot No.

123-A;
b) Ordering the defendant Jovany Damayo to cause the

reconveyance of Lot No. 123-A in favor of the plaintiff;
c) Ordering the defendant Jovany Damayo to vacate Lot No.

123-A and surrender the possession thereof to herein plaintiff;
d) Ordering the defendant Jovany Damayo to pay the plaintiff the

following:
i. Acceptance Fee PHP 30, 000.00

ii. Appearance Fees (per hearing) PHP 3, 0000.00
iii. Litigation Expenses PHP 10, 000.00
iv. Miscellaneous Expenses PHP 10, 000.00
v. Moral Damages PHP 50, 000.00
Other reliefs just and equitable under the premises are likewise
prayed for.
Respectfully submitted. May 25, 2017.

CONDE LAW OFFICE
1111 L&F Bldg., Real St.,
Tacloban City
ATTY. MAE KRISTINE CONDE

Attys. Roll No. 51111/May 10, 2006
IBP O.R. No. 1030878/01-03-17, Samar Chapter
PTR No. PL 9835512/01-03-17, Basey, Samar
MCLE Compliance No. V-0005545, 11-12-2014
Valid Until April 14, 2019
VERIFICATION & CERTIFICATION OF NON-FORUM
SHOPPING
I, PEARL CARYL C. CADAVIS, Filipino, of legal age, single

and a resident of Brgy. Iba, Basey, Samar, after having been duly
sworn to in accordance with law, hereby depose and state that:
1. I am the plaintiff in the above-entitled case and I have caused

the preparation of the foregoing complaint;
2. I have read the contents and allegations therein and the same
are true and correct based on my personal knowledge and/or
based on copies of authentic documents and records in my
possession;
3. I have not commenced or filed any action before the Supreme

Court and other tribunal or agency involving the same parties
and issue; and
4. Should I come to know that there is such pending action

involving the same parties before the oft-cited court or tribunal
I undertake to report the same to this court within five (5) days
from such knowledge.
IN WITNESS WHEREOF, I have hereunto affixed my signature

this day of _______________________, in Tacloban City, Leyte.
PEARL CARYL C. CADAVIS

Affiant
SUBSCRIBED AND SWORN TO Before me a Notary Public,

this day of ___________________, in Tacloban City, Philippines, and I
hereby certify that I have personally examined the affiant/s and I am
convinced that he/she/they understood the contents and the
allegations contained therein and that the same are true and correct
based on his/her/their personal knowledge and/or documents and
records in his/her/their possession and that it is his/her/their
voluntary act and deed.
Doc. No.: ____;

Page No.: ____;
Book No.: ____;
Series of 2017

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Republic of the Philippines

CIVIL CASE NO. 2016-00310-

COMES NOW, the plaintiff thru the undersigned counsel unto

1. Plaintiff, Pearl Caryl C. Cadavis, is a Filipino, of legal age,

2. Defendant, Jovany Damayo, is a Filipino, of legal age, single,

3. Both parties have the capacity to sue and be sued;

FACTS OF THE CASE

4. The instant case involves a piece of parcel of land described as

5. The subject parcel of land has an assessed value of

“Section 19. Jurisdiction in civil cases. – Regional

(2) In all civil actions which involve the title to, or

6. This doctrine was affirmed by the Supreme Court in its rulings

STATEMENT OF PLAINTIFF’S CAUSE OF ACTION

FIRST CAUSE OF ACTION: RECOVERY OF OWNERSHIP

7. The subject parcel of land is a property previously owned by

8. However, due to the pleas of the defendant that he remain as

9. Sometime in the year 1982, plaintiff had to leave for work

10. When she confronted herein defendant about the

12. Dismayed about the turn of events that happened, plaintiff

14. However, despite plaintiff’s demands, defendant did not

SECOND CAUSE OF ACTION: DAMAGES

16. By reason of the unlawful registration and adamant refusal of

18. Due to defendant’s act of unlawfully withholding the

WHEREFORE, FOREGOING PREMISES CONSIDERED, it is most

a) Declaring plaintiff to be the true and lawful owner of Lot No.

b) Ordering the defendant Jovany Damayo to cause the

c) Ordering the defendant Jovany Damayo to vacate Lot No.

d) Ordering the defendant Jovany Damayo to pay the plaintiff the

i. Acceptance Fee PHP 30, 000.00

Respectfully submitted. May 25, 2017.

ATTY. MAE KRISTINE CONDE

I, PEARL CARYL C. CADAVIS, Filipino, of legal age, single

1. I am the plaintiff in the above-entitled case and I have caused

3. I have not commenced or filed any action before the Supreme

4. Should I come to know that there is such pending action

IN WITNESS WHEREOF, I have hereunto affixed my signature

PEARL CARYL C. CADAVIS

SUBSCRIBED AND SWORN TO Before me a Notary Public,

Doc. No.: ____;

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