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Complaint: Regional Trial Court Branch 13
Complaint: Regional Trial Court Branch 13
REPUBLIC OF THE PHILIPPINES, Civil Case No. 10246
represented by the For:
Department of Public Works and Highways, Expropriation
Plaintiff,
– versus –
x---------------------------------------x
COMPLAINT
4. Pursuant to its rights under Executive Order No. 1035, the DPWH is
implementing the construction of the Tarlac-Pangasinan-La Union Toll
Expressway Project (TPLEX) which aims to provide a high-speed toll road
along the Tarlac-Pangasinan-La Union corridor and contribute to the
development of the Luzon Urban Belt Way Super Region. Copies of the
Project’s Road Alignment Plan, Project Profile and Certification of Availability
of Fund covering the amount needed for the acquisition of lots and
improvements are hereto attached as Annexes “A”, “B” and “C”.
6.The Six Hundred Eighty Five (685) and Two Hundred Eighty (280)
square meter property for expropriation, shaded and indicated as Lots 26-B and
30-B in plaintiff’s parcellary plan hereto attached as Annex “E” and “E-1”, are
portions of Lot 26 and 30 covered by Transfer Certificate of Title (TCT) No.
322434 and Tax Declaration ARPN-AB-45015-01342 and ARPN-AB-01368 in
the name of the defendant Felicitas Ellazar married to defendant Juanito
Estrada, containing an area of One Thousand Three Hundred Twenty Eight (1,
328) for said Lot 26 and Two Thousand Fifty Six (2,056) square meters for lot
30, more or less, both located in Barangay Cabuloan, Urdaneta, Pangasinan.
Copies of the Transfer Certificate of Title (TCT) No. 322424 and Tax
declaration Nos. ARPN_AB-45015-01342 and ARPN-AB_45015-01368 and
BIR Certification on the relevant zonal valuation are hereto attached as
Annexes “F”, “G”, “G-1” and “H”.
Page 3 of 7
9.Under Section 7 of Executive Order No. 1035 dated June 25, 1985,
plaintiff through the DPWH, is authorized to institute expropriation proceedings
through the Office of the Solicitor General.
12. Plaintiff is able and ready to pay defendant owner Felicitas L. Ellazar
the amount of Two Hundred Eighty-Nine Thousand Five Hundred Pesos
(Php289, 500.00), which is equivalent to one hundred percent [100%] of the
zonal value of the property sought to be expropriated, and to make the
necessary deposit with this Honorable Court of such amount in compliance with
the required payment under R.A. 8974. The corresponding check, payable in
the name of said defendant owner, is available and will be deposited with this
Honorable Court prior to the issuance of the writ of possession.
13. Section 4 of R.A. No. 8974 lays down the guidelines in expropriation
proceedings as follows:
Before the court can issue a Writ of Possession, the implementing agency
shall present to the court a certificate of availability of funds from the proper
official concerned.
14. Upon service of summons to the defendants, due notice on the herein
motion is deemed served pursuant to the above-quoted section. After deposit of
the check corresponding to 100% of the value of the property based on the
current relevant zonal valuation of the BIR, plaintiff is thus entitled to the
issuance of a writ of possession, which is urgently needed in order for plaintiff
to implement the (TPLEX) Project.
17. To ensure that the subject property is free from statutory lien, it is
necessary that defendants registered owners be required to present proof of
payment of the corresponding realty taxes before the check is released to them.
PRAYER
Plaintiff further prays for such other reliefs and remedies which this
Honorable Court may deem just and equitable under the premises.
Copy furnished:
The plaintiff has not theretofore commenced any action or filed any
claim involving the same issues in any other court, tribunal or quasi-judicial
agency and, to the best of my knowledge, no such other action or claim is
pending therein; and if we should thereafter learn that the same or similar action
or claim has been filed or pending in any other court, tribunal or quasi-judicial
agency, we shall report that fact within 5 days therefrom to this Honorable
Court.