Republic of the Philippines

MUNICIPAL CIRCUIT TRIAL COURT

7th Judicial Region
Branch ____
Municipality of _____, Province of ____

HEIRS OF XYZ namely ABC,

DEF, and GHI CIVIL CASE NO._________
Petitioner, For: Execution of Barangay
Compromise Agreement

-versus-

LMN,
Respondent.
x-------------------------------------------/

PETITION

PLAINTIFFS, by counsel, and unto this Honorable Court, most

respectfully allege: THAT-

1. Plaintiffs are of legal age, Filipino and residents of

________. Plaintiffs may be served with notices, orders
and other processes of this Honorable Court at the office
address of the undersigned counsel.

2. Defendant is of legal age, Filipino and a resident of

_______ where she may be served with notices, orders and
other processes of this Honorable Court.

3. Plaintiffs are the sole and exclusive heirs of XYZ who died
intestate on ______. A copy of the Extra-Judicial
Settlement of Estate of the late XYZ and a Certificate of
Death is hereto attached as Annex “A” and Annex “B”,
respectively and made as integral parts of this Petition.

4. XYZ is the registered owner of a parcel of land known as Lot

1234 of the subdivision plan, Psd-07-111111, being a portion
of Lot 1001, Psu-100000 situated in _______ and more
particularly described in the Transfer Certificate of Title No.
T-222222 duly registered in the Registry of Deeds for the

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 Province of ______, a copy of which is hereto attached as
Annex “C” and made an integral part of this Petition.

5. The aforementioned property was inherited by XYZ from

her deceased parents.

6. During the lifetime of the parents of XYZ, QRS and his

family began occupying said property and constructed a
house therein, not by virtue of any title or contract, but
merely upon the tolerance of then registered owners.

7. After the death of the parents of XYZ, the latter caused the
transfer of title over the property to her name as well as the
other adjacent lots and subdivided the same with the
intention of selling each lot to its respective occupants.
Meanwhile, QRS and his family remained in possession of
the said property without paying any rent and at the
tolerance of the deceased XYZ.

8. Not long after the death of XYZ, QRS died. After the latter’s
death, his family including herein Defendant continued
having possession of the aforesaid property without paying
any rent to the Plaintiffs.

9. Sometime in 2016, the Plaintiffs met with the Defendant at

the former’s house in _____. During such meeting, the
Defendant was given by the Plaintiffs the option to purchase
the aforesaid property. Otherwise, she, together with her
family, must vacate the premises. The Defendant did not
accept the offer to sell made by the Plaintiffs and signified
her intention to vacate the property. Taking into
consideration that it was the middle of the school year, the
Defendant requested from the Plaintiffs ample time or until
the end of the school year to relocate in order to avoid
disrupting the lives of her children.

10. After the lapse of the period requested by the Defendant to

vacate the property, the latter and her family continued to
occupy the same. Consequently, the Plaintiffs once again
requested for a meeting with the Defendant. When the
Defendant failed to respond to the Plaintiffs’ request, the
latter decided to pay the Defendant a visit to their house
located on the said property. The Plaintiffs again expressed
their willingness to sell the property to the Defendant at an
agreed price. But the same was met with hostility by the
spouse of herein Defendant.

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 11. On May 30, 2018, Plaintiffs thru the undersigned counsel
sent a letter of demand to the Defendant and her spouse to
vacate the said property. A copy of said demand letter is
hereto attached as Annex “D” and made an integral portion
of this Petition.

12.Because of the failure of the Defendants to heed the demand

of the Plaintiffs to vacate the said property, the latter filed a
complaint against the former before the Office of the Lupong
Tagapamayapa of Barangay ___________.

13. During one of the hearings before the Lupong

Tagapamayapa, the sister of the Defendant anchored their
refusal to leave the property on the ground that the same
belongs to the government despite knowledge that the said
property is duly registered under the name of XYZ.

14. On December 15, 2018, the Defendant signed an Agreement

in the presence of the Lupon Chairman and Members to
vacate the property on January 31, 2019. A copy of said
Agreement is hereto attached as Annex “E”.

15. The Defendant and her family failed to comply with the
aforesaid Agreement and continues to unlawfully withhold
the possession of the subject property from the Plaintiffs
despite several demands to the damage and prejudice of the
latter.

16. The Agreement dated December 15, 2018 has the force and
effect of a final judgment.

Section 416 of the Local Government Code states:

“Section 416. Effect of Amicable Settlement and

Arbitration Award. - The amicable settlement and
arbitration award shall have the force and effect
of a final judgment of a court upon the expiration
of ten (10) days from the date thereof, unless
repudiation of the settlement has been made or a
petition to nullify the award has been filed before
the proper city or municipal court.”

Moreover, Section 14, Rule VI of the Katarungang

Pambarangay Implementing Rules states that the “party’s
failure to repudiate the settlement within the period of ten
(10) days shall be deemed a waiver of the right to challenge
the settlement on the ground that his/her consent was
vitiated by fraud, violence or intimidation”.

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 The Defendant never repudiated said Agreement within the
period prescribed by the law.

17. More than six (6) months have already lapsed since
December 15, 2018 or the date of the settlement.

Section 417 of the Local Government Code provides:

“Section 417. Execution. - The amicable settlement

or arbitration award may be enforced by execution
by the lupon within six (6) months from the date of
the settlement. After the lapse of such time, the
settlement may be enforced by action in the
appropriate city or municipal court.”

The second mode of enforcement is judicial in nature and

could only be resorted to through the institution of an
ordinary civil action before the proper City/Municipal Trial
Court. Hence, this Petition.

PRAYER

WHEREFORE, the above Premises considered, it is most

respectfully prayed of this Honorable Court to GRANT this Petition
and order the Respondent to vacate the subject property.

Other reliefs just and equitable under the premises are likewise
prayed for.

______ City for Municipality of ____, Philippines, __

September 2019.

JUAN DELA CRUZ & ASSOCIATES

Counsel for the Petitioner
*Office address*

By:

ATTY. ANDRES BONIFACIO

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 IBP No. ___
PTR No. ____
Roll No. ___
MCLE Compliance No. _____

ATTY. GABRIELA SILANG

IBP No. _____
PTR No._____
Roll No. _____
MCLE No. ______

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