UNIVERSITY OF ST.
LA SALLE
BACOLOD CITY
In Partial Fulfillment
Of The Requirements
In
TRIAL TECHNIQUE
SAMPLE COMPLAINT
Submitted To:
Atty. Wilfred Ramon Penalosa
Submitted By:
Canete, Mary Anne
Decolongon, Mary Jo
Endriano, Marianne Sheila
Tupas, Re Charles
Juris Doctor 3
Republic of the Philippines
NEGROS ISLAND JUDICIAL REGION
METROPOLITAN TRIAL COURT
BACOLOD CITY
Branch 31
JUAN AYSION SANTOS
Plaintiff,
-versus- CIVIL CASE No. 16-12345
For: EJECTMENT (FORCIBLE ENTRY)
JOHN CHIU CO
Defendant.
x - - - - - - - - - - - - - - - - - - - - - - - - - - -x
C O M PLAI N T
PLAINTIFF, through the undersigned counsel, and unto this
Honorable Court most respectfully submits this Complaint for Forcible
Entry and in support hereof makes the following assertions:
1. Plaintiff JUAN AYSION SANTOS, is residing at Blk 11 Lot 20,
Lessandra, Camella Subdivision, Mandalagan, Bacolod City, Negros
Occidental, Philippines, where he may be served with court order and
other processes;
2. Defendant JOHN CHIU CO is a resident of Purok Sulom, Buri
Road, Mandalagan, Bacolod City, Negros Occidental, Philippines
where he may be served with summons, order and other court
processes;
3. Plaintiff became owner of a certain parcel of land, through a Deed of
Sale from the original owner, JANICE DY LEE. (A copy of the
Deed of Sale is hereto attached as Annex A);
4. The parcel of land, situated in Purok Sulom, Buri Road, Mandalagan,
Bacolod City, Negros Occidental, Philippines, is covered by Transfer
of Certificate of Title No. 269397 issued by the Register of Deeds of
Quezon City and is more particularly described, as follows:
TCT NO. T- 269397 in the name of JUAN AYSION SANTOS,
Filipino, of legal age, Single, the registered owner of a parcel
of land (Lot 2-B-3-M-1, Psd -06-051469, being a portion of
Lot 2-B-3-M, Psd06-043457), situated in Barangay of
Mandalagan, City of Bacolod , Island of Negros. Bounded on
the W & N, along lines 1-2-3-4 by Existing Road (10.00 m.w),
Lot 2-B-11, (LRC) Psd-351486), on the E., along line 4-5-6 by
lot 2-B-3-m-2; on the E & S., along lines 6-7-8-9 by lot 2-B-3-
M-3, both of this subd. Survey, on the W., along lines 9-1 by lot
2-1-3-L, Psd-06-043457. Beginning at a pt marked 1 on plan
being, N. 28-35 W., 1409.93 m. from BLLM No. 10, Bacolod
Cad. 39, thence N. 1-05 E., 4.48 m. to pt. 2; N. 85-46 E. , 7.87
m to pt. 3; N. 85-46 E., 1.27 m to pt. 4; S 1.01 W., 4.48 m. to pt.
5; S. 1-06 W., 31.19m. to pt. 6; S. 1-01 W., 5.60 [Link] pt. 7; N.
89-05 W., 1.25 m to pt.8; N 89-07 W ., 7.85 m to pt. 9; N. 1-05
E., 35.98 m to pt. 1; pt. of beginning. Containing an area of
THREE HUNDRED SEVENTY TWO (372) sq. m. More or
less. All corners referred to are indicated on plan and are
marked on the ground as follows: pts. 1 &2 by old pts. and the
rest by PS [Link]. 15x40cm., bearing true, surveyed by
Engr. Teresa D. Brillantes April 21, 2001 and approved on Oct.
3,2001.
(Copy of TCT- 269397 is hereto attached as ANNEX B);
5. Herein Defendant, through stealth and strategy, occupied the parcel of
land in question and refuses to vacate the same despite repeated oral
and written demands. (Copy of the written demand is hereto attached
as Annex C);
6. The same acts of the Defendant compelled the Plaintiff to incur
damages consisting of attorneys fees in the amount of Thirty
thousand pesos (P30,000.00) pesos and filing fee, cost of
transportation and other miscellaneous accommodation of its lawyers
and other personal expenses to be incurred in attending the hearings of
this case in the amount of FIFTY THOUSAND PESOS (Php
50,000.00).
7. This action is governed by the Rules on Summary Procedure;
P R AYE R
WHEREFORE, premises considered, it is respectfully prayed of this
Honorable Court that, after the proceedings, judgment be rendered in favor
of the Plaintiff and ordering the Defendant and all persons claiming rights
under him to:
(a) Permanently VACATE the premises in question and give the
immediate right of possession to the Plaintiff;
(b) Pay plaintiff the amount of Thirty Thousand Pesos (P30,000.00) by
way of attorneys fees and Fifty Thousand Pesos (P50,000.00), by
way of other litigation expenses; and,
(c) Pay the cost of this suit.
Plaintiff prays for such other remedies and reliefs as may be deemed just
and equitable under the premises.
May 1, 2016. Quezon City, Metro Manila.
ATTY. MARIANNE ENDRIANO
Counsel for Plaintiff
Bacolod City
Roll of Attorneys No. 1234567
IBP No. A-1234567
PTR No. A- 1234567
MCLE No. A-1234567
ATTY. MARY ANNE CAETE
Counsel for Plaintiff
Bacolod City
Roll of Attorneys No. 1234569
IBP No. A-1234569
PTR No. A- 1234569
MCLE No. A-1234569
VERIFICATION AND CERTIFICATION
AGAINST NON- FORUM SHOPPING
I, JUAN AYSION SANTOS, of legal age, after being duly sworn to
in accordance with law, depose and attest:
That I am the petitioner in the above-titled case; that I have caused the
preparation of the foregoing petition and understood the contents thereof,
and I hereby declare that all the allegations contained therein are true and
correct according to my knowledge and belief.
Furthermore, I hereby certify that I have not filed nor caused to be
filed any other similar case involving the same issues in the Supreme Court,
Court of Appeals or any other tribunal or agency and that, should there be
any other such case/s that may have been filed, I hereby bind myself to
inform the Court of such fact within five (5) days from the discovery
thereof.
IN WITNESS WHEREOF, I have hereunto set our hand this 1 st day
of May 2016, City of Bacolod, Negros Occidental, Philippines.
JUAN AYSION SANTOS
Affiant
CTC No. 1234565
Issued On: October 4, 2015
Issued At: Bacolod City
SUBSCRIBED AND SWORN to before me, in the City of Quezon,
st
this 1 day of May 2016, City of Quezon, Metro Manila, Philippines, affiant
having ex habited to me his Drivers License No. LTO N02-08-0002619
issued at Bacolod City.
ATTY. DAN B. SAN
Notary Public
Until December 31, 2017
PTR No. A-123056
Issued at Bacolod City
On January 1, 2015
Doc. No. 180;
Page No. 35;
Book No. 2;
Series 2016.
DEED OF ABSOLUTE SALE OF REAL PROPERTY
KNOW ALL MEN BY THESE PRESENTS:
I, JANICE DY LEE, of legal age and Filipino, with residence
address at Purok Sulom, Buri Road, Mandalagan, Bacolod City, Negros
Occidental, Philippines FOR AND IN CONSIDERATION OF THE SUM OF
TWO MILLION PESOS (P2,000,000.00) Philippine Currency, to me in
hand paid by JUAN AYSION SANTOS , Single, Filipino and a resident of
Blk 11 Lot 20 Lessandra Heights, Camella Subdivision, Brgy.
Mandalagan, Bacolod City, Philippines, DO HEREBY SELL, TRANSFER
AND CONVEY by way of ABSOLUTE SALE unto the said JUAN AYSION
SANTOS, his heirs and assigns, that certain parcel of land together with
its improvements found thereon situated in Lot 2-B-3-M-1, Psd-06-051469,
being a portion of Lot 2-B-3-M, Psd-06-043457, situated in Brgy. Of
Mandalagan, City of Bacolod, Negros Occidental and more particularly
described as follows :
TCT NO. T- 269397 in the name of JANICE DY LEE,
Filipino, of legal age, Single, the registered owner of a parcel of
land (Lot 2-B-3-M-1, Psd -06-051469, being a portion of Lot 2-B-3-
M, Psd06-043457), situated in Barangay of Mandalagan, City of
Bacolod , Island of Negros. Bounded on the W & N, along lines 1-2-
3-4 by Existing Road (10.00 m.w), Lot 2-B-11, (LRC) Psd-351486),
on the E., along line 4-5-6 by lot 2-B-3-m-2; on the E & S., along
lines 6-7-8-9 by lot 2-B-3-M-3, both of this subd. Survey, on the W.,
along lines 9-1 by lot 2-1-3-L, Psd-06-043457. Beginning at a pt
marked 1 on plan being, N. 28-35 W., 1409.93 m. from BLLM No.
10, Bacolod Cad. 39, thence N. 1-05 E., 4.48 m. to pt. 2; N. 85-46
E. , 7.87 m to pt. 3; N. 85-46 E., 1.27 m to pt. 4; S 1.01 W., 4.48 m.
to pt. 5; S. 1-06 W., 31.19m. to pt. 6; S. 1-01 W., 5.60 [Link] pt. 7; N.
89-05 W., 1.25 m to pt.8; N 89-07 W ., 7.85 m to pt. 9; N. 1-05 E.,
35.98 m to pt. 1; pt. of beginning. Containing an area of THREE
HUNDRED SEVENTY TWO (372) sq. m. More or less. All corners
referred to are indicated on plan and are marked on the ground as
follows: pts. 1 &2 by old pts. and the rest by PS [Link].
15x40cm., bearing true, surveyed by Engr. Teresa D. Brillantes
April 21, 2001 and approved on Oct. 3,2001.
That I hereby warrant my title over the land above-described, with full right
to dispose of the same, free from all liens and encumbrances, and that
henceforth, full right of ownership and possession shall pertain the vendee
That this property does not fall under the provision of R.A. 3844 or the
presidential decree on land reform.
That the adjoining owners have been notified about this sale, but have
refused to exercise their right as provided for by law.
IN WITNESS WHEREOF, I have hereunto set my hand, this 01st day of
September 2014 at Bacolod City, Philippines
JANICE DY LEE JUAN AYSION SANTOS
VENDOR VENDEE
SIGNED IN THE PRESENCE OF
_________________________ ________________________
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPPINES ) S.S
CITY OF BACOLOD )
X -------------------------------------------------- X
BEFORE ME, a Notary Public this September 01,2014 at the City
of Bacolod, Philippines, personally appeared the parties with their
competent indentifiaction cards as follows:
NAME I.D. NO DATE/PLACE
ISSUED
JUAN AYSION SANTOS LTO N02-08-0002619 VALID 08-02-2018 BCD
JANICE DY LEE LTO F01-02-0001234 VALID01-04-2019 BCD
together with their instrumental witnesses, known to me and to me known
to be the same person who executed the foregoing instrument that they
acknowledged to me that the same are their own free and voluntary acts
and deeds.
This instrument consists of TWO (2) pages, including this page on
which this acknowledgement is written, and have been duly signed by the
parties and their instrumental witnesses, on each and every page.
WITNESS MY HAND AND SEAL, on the date, place above written.
NOTARY PUBLIC
Doc. No.12
Page No.21
Book No.33
Series of 2014