Republic of the Philippines

SUPREME COURT
Eighth (8th) Judicial Region
Municipal Trial Court
San Miguel, Leyte 6518

CIVIL CASE NO.

MANOLO LABOGA, _____________
Plaintiff, FOR: RECOVERY OF
POSSESSION OF REAL
PROPERTY AND DAMAGES
-versus-

DANILO BABIANO,
Defendant.

x-------------------------------------------x
COMPLAINT
COMES NOW, the Plaintiff, thru the undersigned counsel unto
this Honorable Court, most respectfully alleges that:

1. Plaintiff is of legal age, married, Filipino citizen, and a resident of

Brgy. Cayare (East Poblacion), San Miguel, Leyte. For purposes
of the action, Plaintiff may be served with copies of our notices
and orders of the Honorable Court at the office address of the
undersigned counsel indicated below;

2. Plaintiff may be served with the notices, orders, summonses, and

other court processes of the Honorable Court at his given
address or at the address of the undersigned counsel at:

Hawikal Law Offices

Stall 11 Alangalang Public Market
Alangalang, Leyte

3. The defendant, DANILO BABIANO, Filipino, of legal age,

married, and a resident of Brgy. Cayare (East Poblacion), San
Miguel, Leyte. He may be served with summonses and other
legal processes at his address;

4. Parties have the capacity to sue and be sued;

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 THE ANTECEDENT FACTS OF THE CASE

5. Plaintiff is the true owner of a certain parcel of land situated in

Brgy. Bairan, San Miguel, Leyte, Philippines, consisting of
approximately SIX THOUSAND FIVE HUNDRED FIFTY (6550
SQM) SQUARE METERS and identified as Lot 4321 and
covered by Tax Declaration of Real Property No. 12345-67890
of the Municipal Assessor’s Office of the Municipality of San
Miguel; Machine copy of said Tax Declaration of Real Property
No. 12345-67890 is attached hereto as EXHIBIT “A”;

6. That Plaintiff bought the property from Rodrigo Cadano who

conveyed such property to herein Plaintiff Manolo Laboga on the
date of June 3, 2007 as evidenced by a Deed of Absolute Sale
executed by Rodrigo Cadano and Manolo Laboga. A copy of the
Deed of Confirmation of Sale with Waiver duly notarized by the
Notary Public Atty. Alexander Abala under the notarial register
Doc. No. 381, Page No. 74, and Book No. III, Series of 2016 is
hereto attached as EXHIBIT “B”;

7. That the said parcel of land has an assessed value of only Ten
Thousand Five Hundred Forty Pesos (P 10,500.00) based on
Tax Declaration of Real Property No. 12345-67890 issued by
the Municipal Assessor’s Office of the Municipality of San Miguel
last February 2, 2016 and based on the Real Property Tax
Receipt No. 114422 dated February 2, 2016 in the payment of
the Real Property Tax. Copy of said Real Property Tax Receipt
is attached hereto as EXHIBIT “C”;

8. That since the assessed value of the property involved in the

above-entitled civil action does not exceed FIFTY THOUSAND
(P 50,000.00) PESOS, exclusive original jurisdiction lies within
the Honorable Municipal Trial Court;

9. That on September 12, 2012 herein Plaintiff mortgaged the said

parcel of land to Danilo Babiano in the amount of Ten Thousand
Five Hundred Pesos (P 10,500.00) to use the proceeds to
finance personal consumption.

10. That sometime in September 2013, Plaintiff recovered from

her financial instability and went to Danilo Babiano to pay for the
amount of the mortgaged parcel of land and likewise to reclaim
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possession over the said parcel of land. Unfortunately,

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 Defendant Babiano for no justifiable reason willfully and
maliciously refused to accept the payment of the mortgage.

11. That the Plaintiff once again went to Defendant Babiano on

March 30, 2014 to pay the amount of the mortgaged and to
reclaim the possession of the parcel of land, however Defendant
still willfully and maliciously refused to accept the payment of the
mortgage.

12. That herein Plaintiff continuously and repeatedly

demanded that Defendant to accept the payment and vacate and
return the possession of the said parcel of land to the herein
Plaintiff, but despite numerous demands for him and his family to
vacate, Defendant has remained in illegal possession of the said
land and up to the present, still retain such possession.

13. That sometime on October 2, 2014, Plaintiff filed a

complaint against the Defendant before the Office of the Lupong
Tagapamayapa of Brgy. Bairan, San Miguel Leyte for him to
receive and accept the payment of the mortgaged property. That
despite due notice for Mediation proceedings set on October 9,
2014, October 16, and October 24, 2014. Defendant still remains
adamant in his failure to the said proceedings even to the point
of informing the tanod who delivered the summons to just file the
case against him. Copy of the Minutes of the Mediation
Proceeding on October 24, 2014 is attached hereto as EXHIBIT
“D”.

14. That despite the efforts to amicably settle their dispute

before the Office of the Lupong Tagapamayapa, mediation
failed. A Certificate to File Action was issued by the Office of the
Lupong Tagapamaya of Brgy. Bairan, San Miguel, Leyte in
relation thereto. Copy of the Certificate to File Action is attached
hereto as EXHIBIT “E”.

15. That without any legal justification, Defendant continuously

refuses to accept payment and vacate the premises despite
repeated demands. A final demand dated March 30, 2015 was
sent through the assistance of the Barangay Chairman where the
Plaintiff deposited the amount of Ten Thousand Five Hundred
Pesos (P 10,500.00) but Defendant once again willfully and
maliciously refused to accept the payment. Defendant even
informed the Barangay Tanod Melvin Quiza who served the letter
to the Defendant that he will just wait for a case against him be
filed in Court. Copy of the said demand letter is attached hereto
as EXHIBIT “F” and copy of the reply letter of Barangay
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Chairman Alexis Marmita dated March 31, 2015 is likewise

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attached hereto as EXHIBIT “G”

 16. That the reasonable rental value of the said land is at least
ONE THOUSAND PESOS (P 1,000.00) per month.

PRAYER
WHEREFORE, PREMISES CONSIDERED, it is respectfully prayed
of this Honorable Court that after due consideration of the pieces of
evidence, judgment be rendered in favor of plaintiff:

1. Ordering the Defendant, his family, and all persons acting

under him, to vacate Lot 4321 and to peacefully turn over the
possession thereof to the Plaintiff;

2. Ordering the Defendant pay Plaintiff monthly rental at the rate

of One Thousand Pesos (P 1,000.00) per month from the
time the property was redeemed in 2013 to the time
possession is returned to the Plaintiff;

3. Ordering the Defendant to reimburse the Plaintiff for the legal

expenses incurred in the filing of this case in the amount of
not less than Ten Thousand Pesos (P 10,000.00);

4. It is likewise prayed unto this Honorable Court to order

Defendant to indemnify Plaintiff for attorney’s fees pursuant to
Rule X Section 35 of the Implementing Rules and Regulations
of Republic Act No. 9406 otherwise known as an Act
Reorganizing and Strengthening the Public Attorney’s Office
hereto stated to wit.

RULE X: Funding Source

xxx xxx xxx
Section 35. Creation of a Special Trust Fund. - The
amounts collected from the costs of the suit, attorney’s fees
and contingent fees imposed upon the adversary of the PAO
clients after a successful litigation, collectively referred to as
Success Fees shall be deposited to the BTr as a STF. The
Chief Public Attorney shall administer the STF which shall be
used exclusively for the payment of the special allowances to
PAO Lawyers and Authorized PAO Officials. For this purpose,
the PAO shall immediately initiate the creation of an account
for the STF with the BTr.
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 Other reliefs just and equitable under the premises are likewise
prayed for. Alangalang, Leyte; July 12, 2015.

ATTY. PAUL DINGBED

Counsel for the Plaintiff
HAWIKAL LAW OFFICES
Stall 11 Alangalang Public
Market, Alangalang, Leyte
Attys. Roll No. 741369/May
5, 2002
IBP OR No012345/01/14/02/
Tacloban City
PTR No. 074741/01/03/07/
Alangalang, Leyte
MCLE Compliance No.
V-00091211, 12-12-2006
Phone No.: 09171688760
Email:attyhawk@yahoo.com

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 VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING

I, Manolo Laboga, of legal age, Filipino, and resident of Brgy.

Cayare (East Poblacion), San Miguel, Leyte, after being sworn in
accordance with law, hereby state that:

1. I, the plaintiff in the above-titled case, have caused the

preparation of the foregoing complaint;

2. I have read the contents and the allegations contained therein

and the facts stated therein are true and correct of my
personal knowledge and based on copies of documents and
records in my possession;

3. To the best of my knowledge, no such action or proceeding is

pending in the Supreme Court, the Court of Appeals, or any
other tribunal or agency; and

4. Should I thereafter 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, I undertake
to report that fact and the status of the same within five (5)
days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this day, ________________, in Alangalang, Leyte, Philippines.

Manolo Laboga
Affiant
Driver’s License No. H02-87-039027

SUBSCRIBED & SWORN to before me this day,

______________, in Alangalang, Leyte, Philippines, affiant showing to
me his respective competent proofs of identity, and swore to me that
he has fully understood the contents of the foregoing instrument and
that the same is his free and voluntary act and deed. Witness my hand
and seal.

Doc. No. ____;

Page No. ____;

Book No. ____;

6

Series of: 2006

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