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Republic of the Philippines

Fourth Judicial Region
Municipal Trial Circuit Court
Branch______
Calamba City, Laguna

SPOUSE
Plaintiffs,

CASE NO. __________

For: EJECTMENT

and all persons claiming rights for and in their behalf

Defendants,
x--------------------------------------x

COMPLAINT

1. Plaintiffs Spouses Ronalyn Vijandre-Nono and Enrico Eugenio Nono are

Filipino citizens, of legal ages, with residence and postal address at 137
Brgy. San Jose, Calamba City, Laguna. They may be served with
summons, notices, orders, resolutions, decisions, writs and other legal
processes through undersigned counsel Atty. Ronalin B. Alonzo of F.
Alonzo, A. Alonzo, R. Alonzo Law Offices with office address at Unit J,
St. Therese Anne Arcade, National Highway Parian, Calamba City,
Laguna and their identification cards attached as ANNEXES “A” and
“B”;

2. Defendants are all of legal ages, Filipino, and currently illegally occupying
a parcel of land with house and other improvements owned by plaintiff
located at Lot 1 Blk 1 Belflor Subd., Brgy. San Cristobal, Calamba City,
Laguna where they may be served with summons and other court
processes;
3. Plaintiffs have no knowledge with the names and other personal
circumstances of those persons claiming rights under the above-named
defendants;
II.
ALLEGATORY COMMON TO ALE CAUSE OF ACTIONS
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4. Plaintiffs Nono are the registered owners of the lot herein described as Lot
1, Block 1 of the consol. subd. Plan. PCS-12668 situated in the Mun. of
Calamba, Province of Laguna with an area of three hundred and sixty
three, more or less SQUARE METERS ( 363 sq. m.), with the assessed
value of one hundred nineteen thousand seven hundred ninety pesos only
( Php119,790.00 ). A copy of the Transfer Certificate of Title No. 060-
2019016824 registered in the name of Ronalyn Vijandre Nono married to
Enrico Eugenio Nono and a copy of the assessed value are hereto attached
as Annex “C” and “D”;

5. Thereafter, Plaintiffs informed the defendants on October 21, 2021 that

their possession of the Subject Property was illegal as the same was done
without their consent, and in fact against their will via a formal demand
letter to vacate dated October 21, 2021 and was received by defendants on
November 9, 2021. Attached are copies of the Demand Letter and proof of
sending and receipt at LBC Dash Board as ANNEXES “E” and “F”;
6. The illegality of the said occupation was personally formally conveyed to
the defendants. However, despite having been informed of the illegality of
the said occupation, the defendants refused to vacate the said property;
7. On 21st and 28th of September 2021, the Plaintiffs pursuant to the Local
Government Code of the Philippines referred the matter for mediation and
conciliation proceedings before the Office of Barangay San Cristobal,
Calamba City, Laguna, where the defendants are residents. However,
efforts to amicably settle the case became futile despite the personal
confrontation between the parties before the Punong Barangay have been
exerted. As a result thereof, on June 8, 2022, as attested by KGG. Melchor
S. Malaborbor, Punong Barangay, a Certificate to file action in court was
issued to enable the Plaintiffs to lodge their complaint before this Court,
copy of Certificate to File Action in Brgy. San Cristobal is herein attached
as Annex “G”;
8. Having no other immediate remedy in law or equity and lest that their
cause of action will prescribe in vain, the Plaintiffs instituted the present
suit against the defendants;
III.
CAUSES OF ACTION
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Plaintiff's first cause of action: Recovery of Possession

1 Section 2, Rule 3, Revised Rules of Court: Parties in interest. A real

party in interest is the party who stands to be benefited or injured by the
judgment in the suit, the party entitled to the avails of the suit. xxx
Section 4, Rule 3, Revised Rules of Court. Spouses as parties. --
Husband and wife hall sue or be sued jointly, except as provided by law.
(4a)
Revised Rules of Court, Rule 70 Forcible Entry and Unlawful Detainer
Section 1. Who may institute proceedings, and when - Subject to the
provisions of the next succeeding section, a person deprived of the
possession of any land or building by force, intimidation, threat, strategy,
or stealth, or a lessor, vendor, vendee, or other person against whom the
possession of any land or building is unlawfully withheld a ration or
termination of the right to hold possession, by virtue of any contract,
express or implied, or the legal representatives or assigns of any such
lessor, vendor, vendee or other person, may, at any time within one (1)
year after such unlawful deprivation or withholding of possession, bring
an action in the proper Municipal Trial Court against the withholding or
depriving of possession, or any as claiming under them, for the restitution
of such possession, together with the damages and costs. (1) procession of
the property; and (2) unlawful deprivation of it by the defendant through
force, intimidation, strategy, threat of stealth, 3)that the action was filed
within 1 year from the time the owners or legal possessors learned of their
deprivation of the physical possession of the property;

9. Further, the subject lot is already in the name of the plaintiffs as evidenced
by the registration of the subject property in her name;

"Section 410. Procedure for Amicable Settlement-xxx

(c) Suspension of prescriptive period of offenses - While the dispute is

under mediation, conciliation, or arbitration, the prescriptive periods for
offenses and cause of action under existing laws shall be interrupted
upon filling the complaint with the punong barangay. The prescriptive
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periods shall resume upon receipt by the complainant of the complainant

or the certificate of repudiation or of the certification to file action issued
by the Lupon or pangkat secretary: Provided, however, That such
interruption shall not exceed sixty (60) days from the filing of the
complaint with the Punong barangay. (Emphases and Underscoring Ours)
xxx”
10. Thus, considering that the complaint was filed on June 2_, 2022 or before
the lapse of the prescriptive period on September 21, 2022, this complaint
is filed on time;
11. From the moment the plaintiffs discovered the said unlawful intrusion they
filed a complaint with the Barangay and eventually filed an action for
forcible entry with this Honorable Court instead of taking the law into their
own hands and forcefully expelling defendants from the property,
Plaintiffs composed themselves and followed the established legal
procedure to regain possession of the Subject Property;

SECOND CAUSE OF ACTION: DAMAGES

12. Plaintiffs respectfully replead the foregoing allegations;

13. The defendants' possession of the property is characterized by bad faith.
The defendants through stealth and strategy suddenly barred into the
property and continued to occupy the same without the consent of the
Plaintiffs;
14. Thus, depriving the plaintiffs of the peaceful possession of the Subject
Property. For this reason, the defendants should be paid a forced rental to
the plaintiffs for the use and occupation of the Subject Property in the
amount of Five thousand Pesos (Php 5,000.00) per month of possession
from the time of final demand letter to vacate was made dated October 21,
2021 until the defendants vacate the Subject Property;
15. Also, with the above experience the Plaintiffs suffered physical anxiety,
sleepless nights, mental anguish, among others, for they are continuously
paying a monthly amortization for a property unlawfully possessed by the
Defendants. Hence, for unjustly enriching themselves, Defendants should
be made to pay the Plaintiffs the amount of Fifty Thousand Pesos (Php50,
000.00) as and by way of moral damages;
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16. To serve as an example to those sample to those who, occupy the property
not belonging to them, without any right defendant should be made to pay
the Plaintiffs the amount of Fifty Thousand Pesos (Php50, 000.00) as and
by way of exemplary damages;
17. As defendants, despite having been informed by the plaintiff of the
illegality of their occupation, continue to occupy the Subject Property, the
plaintiffs have been constrained to seek redress from this Honorable Court.
To protect its interests, the plaintiffs have been compelled to engage the
services of the undersigned counsel and incur legal fees reasonably
estimated to reach in the amount of Sixty Thousand Pesos (Php 60,000.00)
and additional litigation expenses reasonably estimated to reach Forty
Thousand Pesos (Php 40, 000);

IV.
PRAYER

WHEREFORE, premises considered, it is respectfully prayed unto this

Honorable Court that a decision be rendered declaring that plaintiffs have
better right of possession, being the registered owner over the lot
situated at Lot 1, Block 1, Belflor Subd. Brgy. San Cristobal, Calamba
City Laguna and covered by the Transfer Certificate of Title No. 060-
201901682, and consequently, ordering the defendants and all persons
claiming rights under them to vacate the premises and to pay jointly and
severally the plaintiffs the following:
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Php 50,000.00 - Moral damages

Php 50,000.00 - Exemplary damages
Php 60,000.00 - Attorney’s fees
Php 40,000.00 - Other cost of suits
Php 5,000.00 - Monthly rentals from date of demand until
defendants vacate the subject property

Other reliefs, just and equitable under circumstances are similarly prayed
for.

Respectfully, submitted.
Calamba City, June __, 2022

F.ALONZO, A. ALONZO,
R. ALONZO & ASSOCIATES LAW OFFICE
Counsel for the plaintiffs
(opposite Sta. Cecilia Business Center 2 and PNB)
National Highway, Parian, Calamba City
Tel. No. 0906-271-8289 / (049) 508-6035)
Email Add: alonzolawfirm@yahoo.com

For the Firm:

ATTY. RONALIN B. ALONZO
PTR No. CC7640074 - 01/05/2021
IBP No. 136780 - 12/28/2020
Attorneys Roll No. 58900
MCLE Compliance No. VI 005198 / 11-27-17
Valid until June 30 2022

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

We, SPOUSES RONALYN AND ENRICO NONO upon oath, depose and
say:
1. That we are the plaintiffs in the instant case;
2. That we caused the preparation of the foregoing complaint for
ejectment with damages;
3. That we have read and understood the contents thereof and all of
the allegations therein stated are true and correct as to my personal
knowledge and/ or based on authentic records/ documents in my
possession:
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4. That we have not filed any pleadings of similar nature with any other
courts of justice, the Regional Trial Court, Court of Appeals and/or
Supreme Court and even in the administrative body save this one
and that in the event there will be that will come to our knowledge,
we undertake upon ourselves to inform the Honorable Court about
the existence of the same within five ( 5 ) days from knowledge
thereof;
5. That this pleading is not filed to harass, cause unnecessary delay, or
needlessly increase the cost of litigation; and
6. That the factual allegations therein have evidentiary support, or if
specially identified, will likewise have evidentiary support after a
reasonable opportunity to discover;
7. That the signature of the affiants shall further serve as a certification
of the truthfulness of the allegations in the pleading;
8. That the affidavit incorporated hereto is being executed pursuant to
the provisions of administrative Circular No. 04-09 issued by
Honorable Supreme Court.

IN TESTIMONY WHEREOF, we have hereunto set my hand below this

__________ at _________________

RONALYN V. NONO ENRICO E. NONO

Affiant Affiant

SUBSCRIBED AND SWORN to before me this 10th day of June 2022 at

Calamba City, affiant exhibited to me her competent evidence of identity
and avows under penalty of law to the whole truth of the contents of this
verification.

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