Republic of the Philippines

THIRD JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 6
Malolos, Bulacan

JUAN TAMAD
Plaintiff,
Civil Case No.:1234
- versus - For: Easement of Right of Way

MARIA MAKILING
Defendant.
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COMPLAINT

Plaintiff by the undersigned Counsel respectfully states that:

1. Plaintiff Juan tamad, of legal age, and defendant Maria

Makiling also of legal age, are both residing at residing in Barangay
Malibong Bata, Pandi, Bulacan;

2. Plaintiff is the registered owner of a 450-square-meter

parcel of land in Barangay Malibong Bata, Pandi, Bulacan,
designated as Lot No. 3-B-12 and covered by TCT No. T-343642-(M).
The property used to be a portion of Lot No. 3-B8 and was
surrounded by estates belonging to other persons;

3. Respondent’s 1,500-square-meter property surrounded

his property, and that it was the only adequate outlet from his
property to the highway. A 113-square-meter portion of respondents’
property was also the "point least prejudicial to the respondents and
the easement sought was the vacant portion near the boundary of
respondents’ other lot.;

4. When his mother, Alma Dela Cruz gave the property to

him as part of his inheritance, there was no intention for the property
to have no outlet. Dominador Makiling, the respondent’s predecessor-
in-interest and also plaintiff’s brother and caretaker of properties was
tasked to prepare the documents for the intended right of way. But
instead, he conveyed the whole property including that which was
supposed to be the access to the barangay road.;

5. Petitioner’s mother only learned about what Dominador

did when a meeting was called in 1989 regarding the implementation

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of the Comprehensive Agrarian Reform Program. She did not cause
the recovery of her title because at that time because the Register of
Deeds of Bulacan was razed by fire, causing the destruction of the
documents covering the subject properties. Dominador was also her
brother, whom she presumed would give her a right of way to the
main road. Instead of giving way, however, he closed the passage,
causing petitioner’s property’s isolation;

6. Despite demands and willingness to pay the amount,

respondents refused to accede to petitioner’s claims;

PRAYER

WHEREFORE it is respectfully prayed that, after due notice

and having a preliminary injunction be issued forthwith to restrain
defendant from doing the act complained of, to cease and desist from
isolating his property, and that after trial, said injunction be made
permanent, with costs and such orders which are deemed equitable.

Malolos, Bulacan. March 28, 2006.

ATTY. OWEN S. DEL CASTILLO

IBP No. 61240 Jan. 4, 2014
PTR No. 3570896 Jan. 8, 2014
Roll No. 67325
MCLE V-1110328
TIN No. 540-795-284

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REPUBLIC OF THE PHILIPPINES )
CITY OF NAGA………..………………)S.S.
X----------------------------------------------------X

VERIFICATION AND CERTIFICATION OF NON FORUM

SHOPPING

I, JUAN DELA CRUZ, of legal age, married and a resident of

Barangay Malibong Bata, Pandi, Bulacan, after duly being sworn to in
accordance with law hereby state that:

1. I am the petitioner of the above instant case.

2. I have caused the preparation of the above-entitled petition.

3. I have read the same and it is true and correct based on my

personal knowledge or based on authentic records.

4. I hereby certify under oath in this petition as follows:

a. I have not theretofore commenced any action or filed

any action or claim involving the same issue in any court, tribunal or
quasi-judicial agency and, to the best of my knowledge, no such other
pending action or claim is pending therein;

b. If there is such other pending action or claim, a

complete statement of the present status thereof; and

c. If I should thereafter learn that the same or similar

action or claim has been filed or is pending, I shall report that fact
within five (5) days therefrom to the court wherein the aforesaid
complaint or initiatory pleading has been filed.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

28th of March 2006, Malolos, Bulacan, Philippines.

JUAN DELA CRUZ

Affiant

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 SUBSCRIBED AND SWORN to before me, a notary public in
and for Malolos, Bulacan, this 28th day of March 2006 at Malolos,
Bulacan, Philippines.

ATTY. GIDIONNE M. SALVA

Notary Public
Within the Territorial Jurisdiction of the
Regional Trial Court of Bulacan
Notarial Commission Reg. No. 95
Valid until December 31, 2015
PTR No. 2469785, Bulacan, January 7, 2014
IBP No. 50139, Bulacan, January 3, 2014
Roll No. 56214, TIN: 439-684-173
MCLE Compliance No. IV-0009217

Doc. No. ;
Page No. ;
Book No. ;
Series of 2006.