REPUBLIC OF THE PHILIPPINES
Fourth Judicial Region
MUNICIPAL TRIAL COURT
San Jose, Batangas
SPOUSES RODOLFO G. VALENTIN
AND CRISTINA C. VALENTIN,
Plaintiffs, Civil Case No. 2023-1234
-versus- For: EJECTMENT
(FORCIBLE ENTRY)
SPOUSES CARLOS A. MENESES
AND ADORA A. MENESES,
Defendants.
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COMPLAINT
PLAINTIFFS, through the undersigned counsel, and
unto this Honorable Court, most respectfully submits this
Complaint for Ejectment (Forcible Entry), and in support
hereof make the following assertions:
1. That Plaintiffs RODOLFO G. VALENTIN and CRISTINA
CRUZ-VALENTIN, spouses, both of legal age, Filipino, married
to each other, and residents of No. 337 Brgy. Sampaguita,
Lipa City, Batangas, where they may be served with court
order and other processes;
2. That Defendants CARLOS and ADORA MENESES,
spouses, both of legal age, Filipino, married to each other, and
currently residing at Maple St. Brgy. Bagong Pook, San Jose,
Batangas where they may be served with summons, order and
other court processes;
3. That plaintiffs are the registered and absolute owners
of a parcel of land located at Maple St. Brgy. Bagong Pook, San
Jose, Batangas and covered by Transfer Certificate of Title
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(TCT) No. 136-20150369 with a total area of TWO HUNDRED
(200) SQUARE METERS, more or less;
4. That said subject property was bought by herein
plaintiffs from a certain MARLON A. CASTILLO on March 15,
2015 as evidenced by a notarized deed of absolute sale
executed by and between the latter and the plaintiff-spouses.
Copy of the Notarized Deed of Absolute Sale is hereto attached
as Annex “A”;
5. That as an act of ownership, plaintiffs have been
faithfully paying the property’s annual real property taxes and
other related fees to the local government. Copy of Tax
Declaration is hereto attached as Annex “B”;
6. That the subject property is free from all liens and
encumbrances of whatever nature including real estate taxes
as of the date of the sale;
7. That on the date of the sale of the subject property in
favor of the plaintiffs, there was no person legally occupying or
unlawfully possessing the subject property. Moreover, there
was no house or any improvement whatsoever erected on the
subject property. Copy of actual photos taken of the said
property on March 15, 2015 is hereto attached as Annex “C”;
8. That by virtue of the sale of the aforesaid subject
property, Transfer Certificate of Title (TCT) No. 132-20120150
registered in the name of the said Marlon A. Castillo was
cancelled and a new one was issued by the Office of the
Register of Deeds of Batangas and registered as Transfer
Certificate of Title (TCT) No. 136-20150369 in the name of
herein plaintiffs. Copy of Transfer Certificate of Title (TCT) No.
136-20150369 is hereto attached Annex “D”;as
9. That being the lawful, absolute and registered owners
of the subject property, plaintiff-spouses have the right of
dominion over the subject property;
10. That plaintiff Rodolfo Valentin, a balikbayan who,
after spending a total of ten (10) years working in Dubai,
United Arab Emirates, went home for good and decided to
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build a house for his family to be erected on the subject
property;
11. That on December 2, 2022, plaintiff Rodolfo Valentin
visited the subject property. To his surprise, he found a house
of semi-permanent materials erected thereon and being
occupied by herein defendants Spouses Carlos and Adora
Meneses; Copy of actual photos taken of the said house of
semi-permanent materials is hereto attached as Annex “E”;
12. That herein plaintiff Rodolfo Valentin confronted the
defendant-spouses and asserted his ownership over the
subject property. The plaintiff demanded that the defendants
must leave the subject property on the basis of the sale
between him and a certain Marlon A. Castillo;
13. That defendants refused to vacate the subject
property despite having been told to do so by plaintiff Rodolfo
Valentin;
14. That on December 3, 2022, plaintiff Rodolfo Valentin
personally delivered a demand letter to the herein defendants
giving the latter one (1) week or up to December 10, 2022 to
vacate the subject property, but the said demand went
unheeded. Copy of the Demand Letter to Vacate is hereto
attached as Annex “F”;
15. That on December 28, 2022, the plaintiffs personally
filed a complaint at the Lupong Tagapamayapa of Barangay
Bagong Pook, San Jose, Batangas in the hope of settling the
said issue on unlawful possession of the subject property with
the defendants;
16. That barangay conciliation-mediation conferences
were set on January 5 and 12, 2023 by the Lupong
Tagapamayapa of Brgy. Bagong Pook, San Jose, Batangas
where both the parties were duly notified. The plaintiffs
faithfully heeded and attended on the said conciliation-
mediation conferences as scheduled while the defendants
failed to appear twice despite due notice;
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17. That due to the egregious disregard by the
defendants on the measure taken by the said Lupong
Tagapamayapa to settle the issue, the plaintiffs herein were
constrained and left no choice but to ask the former to issue a
Certificate to File Action in Court, which, consequently, was
granted to the plaintiffs. Copy of the Certificate to File Action
in Court is hereto attached as Annex “G”;
18. That plaintiffs were unlawfully deprived of their
lawful possession of the subject property by the herein
defendant-spouses by means of and through the use of
strategy and stealth;
19. That Section 1 of Rule 70 of the Revised Rules of Civil
Procedure states:
Section 1. Who may institute proceedings, and
when. — Subject to the provisions of the next
succeeding section, a person deprived of the
possession of any land or building by force,
intimidation, threat, strategy, or stealth, or a
lessor, vendor, vendee, or other person against
whom the possession of any land or building is
unlawfully withheld after the expiration or
termination of the right to hold possession, by
virtue of any contract, express or implied, or the
legal representatives or assigns of any such lessor,
vendor, vendee, or other person, may, at any time
within one (1) year after such unlawful deprivation
or withholding of possession, bring an action in the
proper Municipal Trial Court against the person or
persons unlawfully withholding or depriving of
possession, or any person or persons claiming
under them, for the restitution of such possession,
together with damages and costs.
20. That the plaintiff being the owner of the subject
property and thus, having established prior possession
thereof, and the defendant having no legal rights of possession
either by virtue of consent or tolerance from herein plaintiff,
but having occurred possession only by the use of stealth or
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strategy. Clearly, the herein defendants are guilty of forcible
entry;
21. That due to the defendants’ failure to vacate the
premises of the subject property from the date of the discovery
by the plaintiffs and, notwithstanding the demand to vacate
given to them by the plaintiffs and considering that one (1)
year has not yet elapsed from the date of the discovery of the
defendants’ unlawful possession of the subject property owned
by the plaintiffs, the complaint for ejectment (forcible entry)
against the defendants is therefore proper.
PRAYER
WHEREFORE, in view of the foregoing, it is most
respectfully prayed of this Honorable Court that, after proper
proceedings, judgment be rendered in favor of the plaintiffs as
follows:
1. ORDERING the defendants to permanently vacate
the premises in question and give the immediate right of
possession to the Plaintiffs;
2. ORDERING the defendants to remove the
improvements they placed on the premises of the
property in question, at their own expense;
3. ORDERING the defendants to pay the plaintiffs the
reasonable amount for the use and occupation of the
subject property starting the date of discovery by the
plaintiffs of the said unlawful possession;
4. ORDERING the defendants to pay the plaintiffs the
amount of FIFTY THOUSAND PESOS (₱50,000) as
attorney’s fees;
5. ORDERING the defendants to pay the costs of the
suit;
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6. Other reliefs and remedies as may be deemed just
and equitable under the premises.
RESPECTFULLY SUBMITTED. 1 September 2023, San
Jose, Batangas, Philippines.
ATTY. FRANCISCO S. SALES III
Counsel for the Plaintiffs
Roll of Attorneys No.: 171459
IBP Life Member Roll No.: 024689 / Batangas
MCLE Compliance No.: VI-0001122/09-10-2022
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Republic of the Philippines )
City of Batangas ) S.S.
VERIFICATION AND CERTIFICATION
AGAINST FORUM SHOPPING
We, RODOLFO G. VALENTIN and CRISTINA C.
VALENTIN, spouses, both of legal age, married, Filipino
citizens and residing at No. 337 Brgy. Sampaguita, Lipa City,
Batangas, after having been duly sworn to in accordance with
law, do hereby depose and state:
1. That we are the Plaintiffs in the above-entitled
complaint;
2. That we have caused the preparation and filing of the
foregoing complaint;
3. That we have read the contents of the foregoing and we
attest that the same are true and correct to the best of our
own personal knowledge;
4. That this complaint is not filed to harass, cause
unnecessary delay, or needlessly increase the cost of litigation;
5. That the factual allegations therein have evidentiary
support or if specifically so identified, will likewise have
evidentiary support after a reasonable opportunity for
discovery;
6. That to the best of our knowledge, no such action or
proceeding is pending in the Supreme Court, the Court of
Appeals, or different Divisions thereof, or any other tribunal or
agency, and that, if we should thereafter learn that the same
or similar proceeding has been filed or is pending before these
courts or any other tribunal or agency, we undertake to report
that fact within five (5) calendar days therefrom to this
Honorable Court.
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IN WITNESS WHEREOF, we have hereunto affixed our
signatures this 1st day of September, 2023 in City of Batangas,
Batangas Province, Philippines.
RODOLFO G. VALENTIN CRISTINA C. VALENTIN
Affiant Affiant
National ID No. 12345 National ID No. 67890
SUBSCRIBED AND SWORN to before me this 1st day of
September, 2023 in City of Batangas, Province of Batangas
Philippines, affiants exhibiting to me their National IDs with
numbers mentioned above, as their competent proof of
identity.
Doc. No.: 10;
Page No.: 5;
Book No.: 11;
Series of 2023.
(Dry Seal)
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