Republic of the Philippines

REGIONAL TRIAL COURT

SIXTH JUDICIAL REGION
BRANCH__
ILOILO CITY

MARIE ANTONETTE L. SALCEDO, MARIA

ROSA L. SALCEDO-GROSSMAN, AND
KARLA MARIE L. SALCEDO-CABALUM.
Plaintiffs,
Civil Case No.________
For: ACCION PUBLICIANA
-versus-

EUFEMIA SALCEDO, AND WINSTON

CASEY Z. SALCEDO.
Defendants.

X--------------------------X

COMPLAINT

PLAINTIFFS, by counsel, and unto this Honorable Court, most respectfully

states that:
The Parties
1. Plaintiff Marie Antonette L. Salcedo, single, and a resident of 270 Luis
Munoz Marin Boulevard, Apartment 2G, Building 2, Jersey City, New Jersey 07302,
United States of America; plaintiff Maria Rosa L. Salcedo-Grossman, married and a
resident of 18 Wellington Avenue, Short Hills, New Jersey 07078, United States of
America; and plaintiff Karla Marie L. Salcedo, married and a resident of 2 the Green
Main Street, Blessington County, Wicklow, Ireland.

2. All of the plaintiffs are of legal age, and Filipino citizens, and as per
attached General Power of Attorney 1 , are represented by their attorney-in-fact,
Susan L. Salcedo, of legal age, Filipino Citizen, widow and with postal address at a
183 Lopez Jaena Street, Jaro, Iloilo City, Philippines, where they may be served
notices and other court processes;

3. Defendants Eufemia Salcedo and Winston Casey Z. Salcedo, are of legal

age, Filipino citizens, and residents of Lot 3 Salcedo Compound 183 Lopez Jaena
St. Jaro, Iloilo City where the defendants may be served notices and other court
processes;

The Facts

4. Plaintiffs’ deceased father, Carlos Salcedo, Jr., is the absolute and

registered owner of a parcel of land, located at Brgy. Sambag, Jaro, Iloilo City, and
is described in Transfer Certificate of Title No. T-71034 of the Registry of Deeds
Iloilo City 2 ;

1
Copies of the General Power of Attorneys is attached as Exhibit “A”,”B”,”C”.
2
Exhibit “D” attached is a copy of Transfer Certificate of Title.

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 5. Carlos Salcedo, jr., died on November 22, 2011 and the Plaintiffs,
adjudicated among themselves the said parcel of land per Deed of Extrajudicial
Adjudication 3 ;

6. Since the death of their father, the said parcel of land has been possessed
by the Plaintiffs and such has been declared for taxation purposes per Tax
Declaration No. 15-03-031-00946 4 ;

7. Because of their absence in Iloilo City the plaintiffs have not transferred the
registration in their name;

8. On 20 July 2021 the Defendants through the use of force, intimidation,

threat, stealth and strategy, destroyed the wooden fence built by the Plaintiff’s
father, and erected thereon a concrete wall which encroached an area of ten (10)
square meters more or less of the property owned by the Plaintiffs as indicated on
the survey plan issued by a geodetic engineer 5 ;

9. The Defendants also caused, during the interim of the construction of the
wall, and without the consent of the Plaintiffs, cause the construction of a concrete
drainage from their house and traversing across the property of the Plaintiffs, and
illegally occupying and depriving the Plaintiffs an area of more or less ten (10)
square meters.

10. It was discovered that a portion of the roof of the Defendants’ house also
overlapped the boundary and encroached the same parcel of land;

11. The Defendants’ encroachment was without the consent of the Plaintiffs
as they were caught by surprise of the suddenness of the construction of the wall
and of the roof;

12. On 20 July 2021, a complaint before the Office of Barangay Sambag,

Jaro, Iloilo City, was filed and recorded 6 by the Plaintiffs representative concerning
the destruction of the old fence and the illegal construction of the new fence;

13. On 21 February 2022, a complaint was sent by the Plaintiffs to the Lupon
of Barangay Sambag, Jaro, Iloilo City, again complaining therein the said illegal
acts of the Defendants - that they have unlawfully dispossessed the Plaintiffs a
portion of the subject property - and demanding that they have vacate the area that
they have encroached 7 .

14. On 28 February 2022, the Plaintiffs caused a demand letter 8 to vacate to

be sent to the Defendants, received by the Defendants, and being relatives by
consanguinity, the Plaintiffs exerted effort to settle the matter at the level of the
Lupon of Barangay Sambag, Jaro, Iloilo City the Defendants refused, without any
justified reason, to heed the demand made by the Plaintiffs to vacate the area
encroached by them;

3
Exhibit “E” attached is a copy of Deed of Extrajudicial Adjudication.
4
Exhibit “F” attached is a copy of the Tax Declaration.
5
Exhibit “G” attached is a copy of the Survey plan from the geodetic engineer.
6
Exhibit “H” attached is a copy of the Barangay record.
7
Exhibit “I” attached herein is a copy of the Letter complaint which was sent to the Barangay.
8
Exhibit “J” attached herein is a copy of the Demand letter.

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 15. The complaint being filed after one year from the time of forcible entry
hence an accion publiciana was filed;

16. Having been unlawfully deprived of use of the said portions of the
property, the Plaintiffs are entitled to a reasonable rent of Five Thousand Pesos
(P5,000.00) per month from the date of encroachment to the time that their
possession is restored;

17. The Plaintiffs, being peace loving and well-respected members of the
community, by having been unlawfully deprived of the property, and such unlawful
deprivation being contrary to morals, good customs or public policy, caused the Plaintiffs to
suffer mental anguish, fright, serious anxiety, besmirched reputation, wounded
feelings, moral shock, social humiliation, and similar injury, though incapable of
pecuniary computation, may be approximated at P50,000.00;

18. For having been unjustly brought into the case, despite the lack of merit of the
same, the Plaintiffs engaged9 the services of counsels to protect and defend their rights,
where such retention of services was summed up to P50,000.00, and, in the event of
appeal, the same amount was agreed upon. The amount of P3,000.00 as appearance fees
per hearing was also agreed upon.

19. Due to the Defendants’ unlawful actions, the Plaintiffs will be incurring at least
P5,000.00 as actual expenses, which includes the printing, mailing and other actual
expenses in the defense of their right and which amount has to be reimbursed by the
Defendants.

20. The Plaintiffs do not actually reside in the same city or municipality or
adjoining barangays as with the Defendants and are not required to submit their
dispute to the lupon as a pre-condition to the filing of a complaint in court” 10 ;

21. Nonetheless, the matter was brought by the Plaintffs to the attention of
the Lupon and while the Defendants undertook to remove the wall, the Defendants
have thereafter continuously failed to remove the wall and restore the Plaintiffs to
the possession of their property;

Witnesses

22. Myrene Ganzon Estares, the witness for the plaintiffs, will testify on the
circumstances of this complaint pertaining to the destruction of the old fence and
construction of the present concrete wall and the circumstance of the complaint and
the ownership of the land. The judicial affidavit of the said witness of the plaintiffs is
attached;

Documents

23. Plaintiff will submit the following exhibits:

Exhibit Documents
“A” - General Power of Attorney executed by Marie
Antonette L. Salcedo
9
Exhibit “K” is a photocopy of the Letter of engagement
10
The Supreme Court ruled in the case of “Jose Audie Abagatnan v. Spouses Jonathan Clariot and Elsa Clarito, G.R. No.
211966.

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 “B” - General Power of Attorney executed by Maria
Rosa L. Salcedo-Grossman

“C” - General Power of Attorney executed by Karla Marie

L. Salcedo-Cabalum

“D” - Transfer Certificate of Title No. T-71034 of

the Registry of Deeds Iloilo City

“E” - Deed of Extrajudicial Adjudication

“F” - Tax Declaration No. 15-03-031-00946

“G” - Survey Plan of Lot 4, PCS - 06 - 000721

“H” - Copy of the Barangay record

“I” - Complaint filed before the lupon, filed on 21 of

February 2022

“J” - Final Demand Letter sent and received by the

Defendant on 28 February 2022

“K” - Letter of Engagement

PRAYER

WHEREFORE, It is most respectfully prayed of this Honorable Court that

after due notice and hearing, that judgment be rendered in favor of the Plaintiffs, as
follows:

1. Ordering the Defendants, their privies and/or any other person

claiming under them to vacate the portion of the property unlawfully occupied by
them and remove the concrete wall and the drainage erected therein, and the
overlapping roof;

2. Ordering the Defendant to pay the Plaintiff the following:

a. Actual Damages in the amount of Five thousand Pesos (P5,000.00)

per month for the entire duration of the deprivation of possession of
the plaintiffs;

b. Moral Damages in the amount of Fifty thousand Pesos

(P50,000.00) for the mental anguish, serious anxiety and social
humiliation of the plaintiffs;

c. Attorney’s Fees in the amount of Fifty thousand Pesos

(P50,000.00) and appearance of counsel in the amount of Three
thousand Pesos (P3,000.00) per appearance;

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 d. The cost of the suit.

The plaintiff prays for other reliefs that may be just and equitable under the
premises.

Iloilo City, Philippines, 8 September 2022.

Counsel for the Plaintiff

By:
ALFREDO A. ARUNGAYAN III
Roll No. 45458, Page No. 92, Book No. XIX
PTR # 7692260, 01/03/2022, Iloilo City
IBP (Iloilo) # 001832, 01/03/2022
MCLE Compliance No. VII-0017955, 05/13/2022
aldiarungayan@gmail.com

MEL PHILDRICH D. GANUHAY

Roll No. 80299, Page No. 260, Book No. 34
PTR # 7866885, 05/24/2022, Iloilo City
IBP OR # 213024, 05/19/2022
MCLE: New lawyer
stephen.ganuhay@yahoo.com

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