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Amended Complaint Primera
Amended Complaint Primera
AMENDED COMPLAINT
I. PARTIES
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Quezon City, where he may be served with summons and other court
processes;
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5. Plaintiff PRIMERA MARY ANN CORPORATION is the legitimate registered owner
of the above-described property covered by Transfer Certificate of Title No. 65866
(358138) of the Registry of Deeds of Quezon City. Copy of which is hereto attached as
Annex “B”;
6. As a legitimate owner, plaintiff is faithfully paying the real property tax over the
subject property. Copy of the official receipts as well as the Tax Declaration are hereto
attached as Annex “C” and “D” respectively;
7. Sometime 1996, Plaintiff filed a complaint before the Metropolitan Trial Court of
Quezon City a case of unlawful detainer (ejectment) against ninety (90) illegal
occupants who were at that time possessed a portion of the property of plaintiff
corporation through stealth and strategy;
9. After the subject properties were vacated through a writ of demolition ordered
by the court, Plaintiff corporation have the same inspected and caused the same to be
surveyed or relocated for development purposes considering that plaintiff corporation is
engaged in realty development business;
11.On November 27 & December 7, 2003, Geodetic Engineer Ricardo N. Dela Cruz
surveyed the properties of Madrigal group of companies located in Barangay Valencia,
Santolan, Quezon City and one of which is the property of plaintiff corporation. He
found out that a portion of Lot 2, which is covered by TCT No. 65866 (358138) under
the name of Plaintiff Corporation, was possessed and/or being occupied by defendant
James Veloso and Felipe Catange as lessees of the house owned by the Heirs of
Artemio & Neria R. Jongco. The area encroached by defendants is more or less six
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hundred eighty five square meters (685) square meters with an appraised value of
twenty eight thousand pesos (P28,000.00) per square as appraised by Cuervo
Appraisers Incorporated. The findings of Geodetic Engineer Ricardo N. Dela Cruz
indicated in the relocation plan was duly approved by the Chief of Regional Survey
Division and Regional Technical Director for Lands by the National Capital Region (NCR)
Department of Environment and Natural Resources Quezon City. Copy of the Geodetic
Engineer (GE) Report, Cuervo appraisal and relocation plan no. 00-001110 signed by
Geodetic Engineer Ricardo N. Dela Cruz duly approved by the officers of Department of
Environment and Natural Resources are hereto attached as Annex “F”, “G” and “H”
respectively;
12. Plaintiff Corporation learned the encroachment made by defendants over their
property only on February 10, 2004 upon the findings of relocation conducted by
Geodetic Engineer Ricardo N. Dela Cruz duly approved and verified by the officers of
Department of Environment and Natural Resources that a portion of Lot No. 2 was
being possessed and/or occupied by defendants;
PRAYER
(a.) Defendants and all persons claiming right under them to vacate the
portion of Lot 2 covered by Transfer Certificate of Title no. 68566
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(358138) under the name of Plaintiff Corporation which they possessed
and to demolish all the structures and improvements introduced thereto;
(b.) To pay Plaintiff Corporation the amount of THREE HUNDRED THOUSAND
PESOS (P300,000.00) as Attorneys Fee and THREE THOUSAND PESOS
(P3,000.00) per hearing as and for appearance fee of counsel;
Other reliefs just and equitable are likewise prayed for under the premises.
By:
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VERIFICATION/CERTIFICATION
I hereby certify that I have not commenced any other action or proceeding
involving the same issues in the Supreme Court, Court of Appeals or any other tribunal
or agency and to the best of my knowledge no such action is pending in said courts or
agency and if thereafter I will learn of such similar action I undertake to report that fact
within five (5) days there from to the court or agency which the original pleading
contemplated has been filed.
TEODORA ESGUERRA
CTC No. 2099345
Issued at Pasay City
On February 20, 2004
Doc No._____;
Page No._____; NOTARY PUBLIC
Book No. _____;
Series of 2004
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