Republic of the Philippines

MUNICIPAL TRIAL COURT

OF POLOMOLOK, SOUTH COTABATO
11th Judicial Region
Polomolok, South Cotabato
--o0O0o--

HEIRS OF VICENTA SALAZAR, CIVIL CASE NO. ________

represented by REYNALDO S.
SALAZAR
Plaintiff, For:

-versus-
EJECTMENT (UNLAWFUL
ALEJANDRO GIGANTE and DETAINER), DAMAGES
MELLER GILA, AND ATTORNEY’S FEES.
Defendants.
x- - - - - - - - - - - - - - - - - - -x
COMPLAINT

COMES NOW, PLAINTIFF, through the undersigned Counsel,

and unto this Honorable Court, most respectfully alleges that:

1. Plaintiff is of legal age, Filipino, married and a resident of

Adelfa Street corner B. Molo Street, Barangay Poblacion,
Polomolok, South Cotabato;

2. Defendants are likewise of legal ages, Filipinos, and can be

reached in their present address at Block 2, Purok Cagasan,
Brgy. Poblacion, Polomolok, South Cotabato, where they may
be served with the Summons, Orders, Notices and other
processes of the Court in the above given addresses;

3. The Lot No. 1341-E-6-F, Psd-12-045577, covered by Transfer

Certificate of Title No. 125951, with Property Index Number
061-04-001-43-043 stated on Tax Declaration Number N-
0118753 dated April 16, 2021, with an area of THREE
HUNDRED AND TEN SQUARE METERS (310 sqm), more or
less, is registered under the name of the late Vicenta Salazar,
then a surviving heir of Eugenio and Constantina Cagasan;

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 Copies of the Transfer Certificate of Title (TCT) No. 125951, and Tax
Declaration No. N-0118753, are hereto respectively attached as
Annexes “A”, “A-1”, to form an integral part hereof;

4. Lot 1341-E-6-F, Psd-12-045577, as shown in the Tax Declaration

of Real Property Number N-0118753, has an Assessed Value of
P11,660.00 and Market Value of P145,700.00, and Zonal
Valuation of Four Hundred Forty and Five Hundred Ten Pesos
Only (P440,510.00). This is based on a Zonal Valuation Per
square meter of PhP1,421 x 310 square meters dated April 16,
2022;

A copy of Tax Declaration No. N-0118753 is hereto attached as

Annexes “C” and “C-1”, to form integral part hereof;

5. That said parcel of land, upon the death of Vicenta Salazar

(Vicenta) in July 22, 2015, remains undivided by and among the
surviving heirs;

A copy of the certificate of Death of the decedent, Vicenta Salazar, is

hereto attached as Annex “D”, to form integral part hereof;

6. That said parcel of land, after the death of Vicenta Salazar, an

extra-judicial partition was done as evidenced by Doc No. 216,
Page No. 44, Book No. 20, Series of 2022, notarized by Atty.
Xavier Bayan, and soon thereafter amended by adding the
Heirs of Venerando Salazar, who was earlier inadvertently
omitted, through an Affidavit identified as Doc No. ______,
Page No._____, Book No. _______, Series of 2022;

Copies of the Extrajudicial partition and the amended document are

hereto attached, respectively, as Annexes “E” and ”E-1 “, to form an
integral part hereof;

7. That the two (2) other heirs of Vicenta Salazar, namely,

Bonificio Salazar, Jr, and Julieta Salazar, have separately
executed their waiver;
Copies of waivers executed under oath by Heirs Bonafacio Salazar, Jr,
through a document identified as Doc No. ___, Page No. ____, Book
No. _____, Series of 2022, notarized by ______, and by Julieta
Salazar, through a document identified as Doc No. ___, Page No.
____, Book No. _____, Series of 2022, notarized by Atty. Joel A.
Ybaňez;

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8. The parcel of land identified as Lot No. 1341-E-4-A, Psd-12-
045305 and covered by TCT No. 125951, which is being illegally
possessed and occupied by the Defendants with permanent
structures built thereon;

Photographs of the actual structures built on the subject

property of the Plaintiff are hereto attached as Annex “F”, to form
integral part hereof;

9. Plaintiff, jointly with other heirs, by reason of intestate

succession to the decedent, Vicenta Salazar, the lawful and
registered owner of the subject land being known as Lot No.
1341-E-6-F, Psd-12-045577, situated at Brgy. Poblacion,
Polomolok, South Cotabato, Island of Mindanao, Philippines
and covered under TCT No. 125951, are now the lawful owners
thereof;

Copies of the Certificates of Live birth of the Plaintiff and his three (3)
other siblings are hereto attached as Annex “G”, “G-1”, “G-2) and
“G-3”, to form integral part hereof;

10.The parcel of land identified as Lot 1341-E-6-F, Psd-12-

045577and covered by TCT T-125951, and which is being
illegally possessed and occupied by the Defendants;

Printed copies of photographs of the actual structures built on the

subject property of the Plaintiff is hereto attached as Annex “H”, to
form integral part hereof;

11.Plaintiff, jointly with other heirs, by reason of intestate

succession to the decedent, Vicenta Salazar, the lawful and
registered owner of the subject land being known as Lot 1341-
E-6-F, Psd-12-045577and covered by TCT T-125951, situated at
Brgy. Poblacion, Polomolok, South Cotabato, Island of
Mindanao, Philippines, are now the lawful owners thereof;

Copies of the Certificates of Live birth of the Plaintiff and his three (3)
other siblings and a representative by substitution of a deceased
sibling, Venerando, except that of the two (2) heirs who, under oath,
executed waiver of their share, are hereto respectively attached as
Annex “I”, “I-1”, “I-2) and “I-3”, to form integral part hereof;

12.Two other children and heirs of Vicenta Salazar have executed

under oath a waiver of their respective shares;

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 Copies of the waivers executed under oath by Bonifacio and Juliet
Salazar, are hereto respectively attached as Annexes “J” and “J-1”,
to form integral part hereof;

13. In September 14, 2008, Alfredo Salazar, son and one of the
heirs of Vicenta Salazar personally saw that their land subject of
this case and mentioned above was illegally entered by forcibly
destroying its fence by the defendant Alejandro Gigante and
three (3) other persons;

A copy of the certification issued by the Philippine National Police

(PNP) dated September 29, 2008 is hereto attached as Annex “K”,
and made integral part hereof;

14. Upon investigation by the PNP, they alleged to have merely

followed the order of a certain Josylyn Cagasan, a claimant of
the same land whose claim was eventually declared by the
court as void;

A copy of the ruling issued by the Court of Appeals dated ____ is

hereto attached as Annex “H”, and made integral part hereof;

15.The case filed by the late Vicenta Salazar with the assistance of
his son, Alfredo S. Salazar (Alfredo), however, did not prosper
for failure of the Plaintiffs to prosecute when Alfredo went
abroad for work;

16.The said parcel of land, even after the death of Vicenta Salazar
in July 22, 2015, her estate was already subjected to an extra-
judicial partition, the land subject hereof is not specifically
assigned or awarded to any of her heirs

A copy of the certificate of extra-judicial partition of Vicenta Salazar,

is hereto attached as Annex “I”, to form as integral part hereof;

17. After the death of Vicenta Salazar, plaintiffs, repeatedly made

oral demands against the defendants to pay the land they are
illegally occupying or vacate the same but the defendants for
no apparent reason refused to heed the demands;

18. Having been repeatedly refused by the defendants, the

plaintiffs, in July 21, 2022, the Plaintiff filed a complaint in the
Lupon Tagapamayapa at the Barangay Poblacion, Polomolok,
South Cotabato, purposely to demand payment of the value of

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 the land they were illegally occupying since 2002 or about 20
years, more or less;

A copy of the Complaint is hereto attached as Annex “J”, to form an

integral part hereof;

19. That the Defendants continue to refuse the same offer saying
they cannot pay as they have no means pay the same as they
have no permanent work;

20. That therefore the Plaintiff, several demands were made

through the Lupon ng Tagapamayapa against the Defendants,
for them to pay or vacate and deliver the possession of the land
but the Defendants insisted to stay on the land subject hereof
thereby leaving the Lupon with no option other to issue a
Certificate to File Action (CFA);

A copy of the Certificate to File Action (CFA) dated August 26,

2022 is hereto attached as Annex “K”, to form integral part hereof;

21. According to existing jurisprudences and applicable laws, the

Plaintiff being the lawful and registered owner of the land has
lawful right to possess, because “a title issued under the Torrens
system is entitled to all the attributes of property ownership, which
necessarily includes possession”1, and being the registered owner
of the property subject of this case, clearly the Plaintiff is
entitled to possess the same;

22. That due to the obstinate refusal of the Defendants to vacate the
property and unlawfully depriving the Plaintiff to possess and
occupy her own parcel of land, the Plaintiff was constrained to
hire the services of counsel, in order to enforce her rights,
particularly to recover the possession and occupation of her
land, and for which, the Plaintiff will suffer damages in the
form of Attorneys’ Fees amounting to not less than Fifty
Thousand Pesos (P50,000.00), plus an Appearance Fee of Two
Thousand Five Hundred Pesos (3,000.00) for every hearing
actually attended by Counsel;

23. Likewise, by reason of the malicious and unjustified refusal of

the Defendants to deliver back the possession of the land to the
Plaintiff, the latter suffered serious anxiety, wounded feelings,
besmirched reputation, mental anguish and pain for which the

1
Corpuz vs. Sps. Agustin, G.R. No. 183822, January 18, 2012;

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 Defendants should be held liable to the Plaintiff in the amount
of not less than P50,000.00 by way or moral damages;

24. Defendants should be taught a lesson, and in order to deter

others from following the same acts of unlawfully occupying
the property of another, Defendant should be made to pay the
Plaintiff the sum of Thirty Thousand Pesos (P30,000.00), as
exemplary damages;

NAME OF WITNESS AND SUMMARY OF THE

NATURE OF PLAINTIFF’S TESTIMONY

25. To prove all the material allegations of this Complaint, Plaintiff

REYNALDO S. SALAZAR will testify among others, that he is
the legal heir of the lawful and registered owner of that certain
parcel of land known as Lot No. Lot 1341-E-4-A, Psd-12-045305,
situated at Purok Cagayan, Brgy. Poblacion, Polomolok, South
Cotabato, and covered under Transfer Certificate of Title (TCT)
T-126034, and that she will identify her Judicial Affidavit,
which in gist states that:

a. The Plaintiff acquired the above-described by succession

of his deceased mother, the late Vicenta Salazar;

b. That sometime in the year 2012 and in many instances

thereafter, together with his siblings, made a verbal
demand for payment of the land or vacate the land
subject of this case but the Defendants refused to comply;

c. That after the death of Vicenta Salazar, her property was

inherited by his surviving heirs, including Reynaldo S.
Salazar;

d. That subject lot known remains undivided at the time of

the filing of this case;

e. Plaintiff demanded them to vacate, but the Defendants

adamantly refused to vacate and deliver back the
possession of the property to the Plaintiff;

f. Plaintiff formally files the demand through the office of

the Lupon ng Tagapayapa against the Defendants,
however, such demands were just ignored;

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 g. Plaintiff will testify as to the damages which she suffered
because of the illegal occupation done by the Defendant;

h. Plaintiff will also identify the pertinent documents

relative to her claims over the property she is pleading to
recover from the Defendants;

DOCUMENTARY EVIDENCES TO BE PRESENTED

BY THE PLAINTIFF IN SUPPORT OF HIS CLAIMS

26. Below are the documentary exhibits which the Plaintiff intends
to present in the course of the trial, to support his claims:

a. Annex “A” - Subdivision Plan involving the property of the

Plaintiff;

b. Annex “B” - Affidavit of Extra-judicial partition;

c. Transfer Certificate of Title (TCT) T-125951, Lot No. 1341-

E-6-F, Psd-12-045577;

d. Subdivision Plan for Lot 1341-E-4-A, Psd-12-045305;

e. Certificate of Death of Vicenta Salazar;

f. Tax Declaration of Real Property No. N-0118753;

g. Copy of Zonal Valuation as of ____ from official site of the

BIR ;

h. Certificate to File Action (CFA) dated August 26, 2022;

i. Pictures depicting the house built by the Defendants;

-PRAYER-

WHEREFORE, in the light of the foregoing premises, it is most

respectfully prayed of this Honorable Court that after consideration
on the merits, Judgment shall be rendered in favor of the Plaintiff and
as against the Defendants, as follows, to wit:

1. Ordering the Defendants and/or their successors in interests or

any persons claiming rights under them to vacate and
surrender the possession of that parcel of land known as Lot
1341-E-4-A, Psd-12-045305, and to remove whatever

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 improvement they may have introduced thereon, and as well as
to pay reasonable rental of the premises;

2. Ordering the Defendants to pay the Plaintiff the sum of

P50,000.00 for and as Attorney’s Fees, plus P3,000.00 as
Appearance Fees for every hearing attended by counsel;

3. Ordering the Defendant to pay moral damages in the amount

of P50,000.00 and exemplary damages amounting to P30,000.00,
plus the costs of suit;

Such other relief and remedies are likewise prayed for.

Polomolok, South Cotabato, Philippines.

December __, 2022.

JOEL A. YBAÑEZ
Counsel for the Plaintiff
Attorney’s Roll No. 80124
IBP No. _____– 05/18/2022 SOCGEN
PTR No. ______ – 9/__/2022- Koronadal City
TIN: ________
MCLE Compliance: Provisionally Exempt until April 24, 2025

Address:
YBANEZ, TAGALOGUIN, CATAYOC & CATOLICO
LAW OFFICES
Units 2-4, 3rd Floor, CSA Building
Purok Pag-asa, Barangay Magsaysay
National Highway
Polomolok, South Cotabato
Contact No. 09216299918

VERIFICATION / CERTIFICATION
OF NON-FORUM SHOPPING

That I, RENALDO S. SALAZAR of legal, Filipino, widow, and

a resident Adelfa Street corner B. Molo Street, Barangay Poblacion,
Polomolok, South Cotabato, after having been duly sworn to in
accordance with the law, do hereby depose and state:

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 1. That I am the Plaintiff of the above-entitled case;

2. That I have caused the preparation of said Complaint and I

have read and understood the contents thereof and that all the
allegations stated therein are true and correct of my own
personal knowledge and based on authentic documents;

3. That the foregoing Complaint is not filed in order to harass,

cause unnecessary delay, or needlessly increase the cost of
litigation and that the factual allegations found in the
Complaint have evidentiary support after reasonable
opportunity for discovery;

4. That I hereby certify that I have not commenced any other

action or proceeding involving the same issue in the Supreme
Court, the Court of Appeals, or any other tribunal or agency;

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

proceeding has been filed or is pending before the Supreme
Court, the Court of Appeals, or any other tribunal or agency, I
undertake to report that facts within five (5) days therefrom to
this Honorable Court.

IN WITNESS WHEREOF, I have hereunto set my hand this

__________th day of December 2022, at Polomolok, South Cotabato,
Philippines.

REYNALDO S. SALAZAR
Affiant

SUBSCRIBED AND SWORN TO before me this __th day of

December 2022, at General Santos City, Philippines.

Notary Public

Doc No. _____

Page No. _____
Book No. _____
Series of 2022