Professional Documents
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Complant Cabungcal
Complant Cabungcal
TH
8 MUNICIPAL CIRCUIT TRIAL COURT
Second Judicial Region
Angadanan-San Guillermo
Angadanan, Isabela
PACITA CABUNGCAL-DELA
CRUZ, DUMINGA CABUNGCAL-
ENGENIO, NOLI DELA CRUZ,
GIGI DANO, RUBEN EUGENIO,
and all persons claiming rights
under them.
Defendants.
x- - - - - - -- - - - - - - - - - - - - - - - - - -x
COMPLAINT
PARTIES
1
1.3 LEONCIO CABUNGCAL, JR., is of legal age, married,
Filipino, and a resident of La Suerte, Angadanan,
Isabela; and
CAUSE OF ACTION
4. Defendants Noli Dela Cruz and Gigi Damo are the children of
defendant Pacita Cabungcal-Dela Cruz while defendant Ruben Eugenio is
a child of defendant Duminga Cabungcal-Eugenio who is also known as
Delia Eugenio;
2
in Transfer Certificate of Title No. CLOA-48019 [1] entered in the Registry
of Deeds of Isabela and more particularly described as follows:
“Lot 3, Gss-396-D
“CO-OWNER:
DANNY CABUNGCAL- of legal age, Filipino,
single and a resident of La Suerte, Angadanan,
Isabela with an area of 0.9887has.
BENIGNO CABUNGCAL – of legal age, Filipino
single and a resident of La Suerte, Angadanan,
Isabela with an area of 0.9887has.
ALEX CABUNGCAL – of legal age, Filipino
single and a resident of La Suerte, Angadanan,
Isabela with an area of 0.9887has.
LUCIA V. CABUNGCAL – of legal age, Filipino
single and a resident of 0.9887has.
WILLIAM V. CABUNGCAL – of legal age,
Filipino single and a resident of La Suerte,
Angadanan, Isabela with an area of 0.9887has
LEONCIO CABUNGCAL, JR. – of legal age,
Filipino single and a resident of La Suerte,
Angadanan, Isabela with an area of 0.9887has.
1
Annex – “A” hereof.
3
PACITA CABUNGCAL – of legal age, Filipino
married to Macario dela Cruz and a resident of
Mabuhay, Angadanan, Isabela with an area of
0.9886has.”
DUMINGA CABUNGCAL – of legal age,
Filipino married to Dominador Eugenio and a
resident of Lourdes, Angadanan, Isabela with an
area of 0.9886has.”
8. However, said sketch plan has not yet been approved and
registered. Despite that, said co-owners by mutual agreement agreed to the
said partition and they have been peacefully in possession of each parcel of
said lot as described on the said sketch plan continuously and
uninterrupted since 2004;
10. Life is peaceful for the plaintiffs since 2004 when they have
been possessing their portions of the land or so they thought until 22 April
2019 when defendants together with hired laborers, without the
knowledge, consent and authority of the plaintiffs, by force and
intimidation, encroached on and took possession over lands being
possessed by the plaintiffs. Defendants likewise put fence around the land
using wooden post and barbed wire, which effectively prevented and
continuously prevent plaintiffs from entering and taking back possession
of their properties;[3]
11. At the time that defendants were fencing the said portions
allotted to each of the plaintiffs on 22 April 2019, said defendants were
armed with bolo and wood which effectively prevented the plaintiffs from
2
Annex – “B” hereof.
3
Pictures showing defendants encroaching said properties are hereby collated and marked as Annex
– “C” hereof. Videos showing defendants encroaching said properties are hereto stored in compact
disc and marked as Annex “D”.
4
preventing the defendant’s actuation lest the plaintiffs would get
physically hurt;
5
16. A certificate to file action[4] has been issued by the Office of
the Lupong Tagapamayapa of Barangay La Suerte, Angadanan, Isabela to
institute this complaint before the Court;
DAMAGES
PRAYER
4
Annex – “E” hereof.
6
2. PAY jointly and severally the plaintiffs by way of
actual damages the amount of Php150,000.00;
6. Cost of suit;
By:
&
7
REPUBLIC OF THE PHILIPPINES}
SANTIAGO CITY}S.S
x---------------------------------------------------x
VERIFICATION/CERTIFICATION
IN WITNESS WHEREOF, we hereby set our hands this ____ day of
_____________, 2019 at Santiago City.
8
LEONCIO CABUNGCAL, JR., VICTORINO DOMINGO
Affiant Affiant
Sen. Cit No. 16-1512 Sen. Cit. No. 15-1513