Republic of the Philippines

9th MUNICIPAL CIRCUIT TRIAL COURT

FIRST JUDICIAL REGION
TAYUG-SAN NICOLAS
Tayug 2445 Pangasinan

ADELINA VALDEZ BARIAS,

PAULINE VALDEZ PALARIS
and PAULINO S. VALDEZ,                        
Plaintiffs,

                                                                  CIVIL CASE No. 98765

       -versus-                                            FOR: Unlawful Detainer

MERCEDES VISPERAS,
GILBERT VISPERAS, INCLUDING
ALL OTHER PERSONS CLAIMING
RIGHTS UNDER THEM,
                         Defendants.

x----------------------------------------x

COMPLAINT

COME NOW, the plaintiffs, through the undersigned counsel and unto this
Honorable Court, most respectfully aver:

1. That the plaintiffs are all of legal age, Filipinos, married and with
postal address as follows:

a) ADELINA V. BARIAS- Block 5, Lot 58, Urban, Marikina City;

b) PAULINE VALDEZ PALARIS- No. 216 Palaris, Asingan, Pangasinan ;
c) PAULINO S. VALDEZ- Barangay “B” Poblacion, Tayug, Pangasinan .

where they can be served with notices of the Honorable Court;

2. That the defendants are of legal age, Filipinos, married and both
presently residing at Barangay “B” Poblacion, Tayug, Pangasinan , where they may
be served with summons and other court processes;

3. That the plaintiffs are the legal heirs of the late Florencio Valdez, one
of the registered owners (together with his siblings) of the property covered by
Transfer Certificate of Title No. 6663 situated in Barangay “B” (formerly Barrio of
Libertad), Tayug, Pangasinan;

4. That a certified photocopy of TCT No. 6663 is hereto attached as

Annex “A”;
 5. That during the lifetime of the said Florencio Valdez, or sometime
in the 1970s, he and his family allowed the defendants’ parents and
predecessors-in-interest, by tolerance, to occupy a portion of the above
mentioned property covered by TCT No. 6663 with the implied promise that the
defendants and their predecessors-in-interest will vacate the land upon demand
by the owners;

6. That in effect, the predecessors-in-interest of the defendant

occupied the front portion of the subject property adjacent to the main highway
where they constructed their family dwelling;

7. That the herein defendants are now the present occupants of the
houses that were established by their predecessors-in-interest who were also
allowed to continue their occupation of the portion of the land by tolerance of
the plaintiffs and their family on the same condition which was bestowed by the
late Florencio Valdez upon the defendants’ predecessors-in-interest during the
1970s when he allowed them to stay thereat;

8. That sometime during the month of September 2018, the defendants

had caused certain constructions of their dwelling place which also expanded the
area of their occupied portion of the land. The construction was without the
consent of the plaintiffs’ family who are the heirs of Florencio Valdez and the lawful
owners of the land;

9. That Mr. Rey Valdez, one of the plaintiff Paulino Valdez’ sons,
reminded the defendants, that they should refrain from further expanding the area
which they occupied without the consent of the owners. He also intimated to them
that the expansion of the defendants dwelling had diminished the established
pathway which serves as the plaintiffs’ access to and from the main highway;

10. That to the surprise of the plaintiffs, the defendants retorted that the
plaintiffs have no right to stop them from further expansion because, supposedly,
they are the rightful owners of the subject portion of the property having occupied
the land for more than 30 years now;

11. That worse, the defendants even challenged the plaintiffs to prove
their right over the land in court because, allegedly, their (defendants)
predecessors-in-interest had already bought the property from the deceased
Florencio Valdez. When asked to show evidence of such purchase, however, the
defendants could not present any piece of document to this effect;

12. That sometime in September 2018, the defendants Adelina Barias and
Pauline Palaris, referred the matter before the Lupon Tagapamayapa for possible
settlement of the dispute. Conciliation proceedings ensued but no settlement was
reached due to reasons attributable to the defendants. In effect, The Office of the
Lupong Tagapamayapa of Barangay Poblacion “B”, Tayug, Pangasinan issued a
Certification to File Action dated September 17, 2018 , a copy of which is hereto
attached as “Annex “B”;
 13. That with no settlement reached, the plaintiffs sought the assistance
of the undersigned counsel who prepared a Final Notice to Vacate that was sent to
the defendants demanding them to vacate the portion of the land owned by the
plaintiffs which they currently occupy. The defendants received their copy of the
Notice to Vacate on October 15, 2018;
14. That despite said letter of demand, which was repeated by oral
demands, the defendants failed and still refused to vacate the premises.

15. Thus, respondent is unlawfully withholding possession of the

subject portion of the land owned by the plaintiffs despite last and final
demand, to the damage and prejudice of the plaintiffs;

16. Hence, this complaint for unlawful detainer;

17. By reason of failure of the defendant to vacate the premises, the

plaintiff was compelled to file this complaint engaging the services of counsel in the
amount of P50,000.00;

PRAYER

  WHEREFORE, premises considered, it is most respectfully prayed unto this

Honorable Court that, after hearing, judgment be rendered ordering the defendant:

a. To vacate the subject premises;

b. To pay the amount of P50,000.00 as attorneys fees

c. To pay the plaintiff the cost of the suit.

OTHER RELIEFS that are just and equitable under the premises are likewise
prayed for.

Tayug, Pangasinan; March ____, 2019.

NELSON DELA CRUZ PALARIS

Counsel for the Plaintiff
PTR Receipt No.8665625/1-06-18/ Asingan, Pangasinan
IBP No. 816730/1-03-18/ Pangasinan
Roll No. 46370
MCLE No. IV-0019330/11-11-16
Address: 216 Barangay Palaris, Asingan, Pangasinan
Mobile No. 09089873251

 
 VERIFICATION/CERTIFICATION OF FORUM SHOPPING

WE, ADELINA VALDEZ BARIAS, PAULINE VALDEZ PALARIS and

PAULINO S. VALDEZ undersigned, all of legal age, Filipinos, married and
residents of Block 5, Lot 58, Urban, Marikina City, No. 216 Palaris, Asingan,
Pangasinan, and Barangay “B” Poblacion, Tayug, Pangasinan, respectively, after
having been duly sworn to in accordance with law do hereby depose and say:

1. That we are the plaintiffs in the above-entitled case;

2. That we have caused the preparation of the foregoing complaint and

have read the allegations contained therein;

3. That the allegations in the said complaint are true and correct of our
own knowledge and based on authentic records in our possession;

4. That we hereby certify that we have not commenced any other action
or proceeding involving the same issues in any court, tribunal or quasi-judicial
agency and, to the best of our knowledge, no such other action or claim is pending
therein;

5. That if we should learn thereafter that a similar action or proceeding

has been filed or is pending, we hereby undertake to report that fact within five (5)
days therefrom to the court or agency where the original pleading and sworn
certification contemplated herein have been filed;

6. That we executed this verification/certification to attest to the truth of

the foregoing facts and to comply with the provisions of Adm. Circular No. 04-94 of
the Honorable Supreme Court.
     
IN WITNESS WHEREOF, we have hereunto affixed our signature this ___th
of March 2019 at Tayug, Pangasinan.
              

                                         
ADELINA VALDEZ BARIAS PAULINE VALDEZ PALARIS
Affiant Affiant

PAULINO S. VALDEZ
Affiant

          SUBSCRIBED AND SWORN to before me this _______ day of March,

2019, in the Asingan, Pangasinan affiant exhibiting to me their respective ID as
proof of their identity.
Doc. No. ________
Page No. _______
Book No. _______
Series of 2019.