Republic of the Philippines Fifth Judicial Region REGIONAL TRIAL

COURT Ligao City, Albay Branch ______ CARIDAD A. REYES, Plaintiff,

-versus- Civil Case No. _____________ For Accion Reivindicatoria,
Quieting of Title and Damages With Prayer for Preliminary Mandatory
Injunction SPOUSES CELESTINO P. PINTOR AND GUADALUPE S. PINTOR
Defendants, x---------------------------------------------x COMPLAINT
PLAINTIFF, through counsel and to this Honorable Court, respectfully
avers that: 1. Plaintiff is seventy (70) years old, widow, Filipino,
and a resident of No. 3 Augustus Street B.F. Resort Village, Las
Piñas City, Metro Manila, where she may be served with notices and
other court processes, in addition to or in lieu of her counsel’s
address; 2. Defendants are both of legal age and residing in Sta.
Cruz, Ligao City, Albay, where they may be served with notices and
other court processes; 3. Plaintiff is the absolute and registered
owner of the vacant 450-square meter lot situated at a residential
area in Sta. Cruz, Ligao City in the Province of Albay, now being
held by Defendants. SALVADOR, Jessie A. 2012-0313 COMPLAINT For
Accion Reivindicatoria, Quieting of Title and Damages with Prayer for
the Issuance of a Writ of Preliminary Mandatory Injunction Reyes v.
Spouses Pintor Page 2 of 12
x-----------------------------------------x 3.1 The lot is covered by
Transfer Certificate of Title (TCT) No. T-18910 of the Registry of
Deeds for the Province of Albay; certified copy attached herewith and
made an integral part hereof as ANNEX “A”; 3.2 Said lot was
purchased by the Plaintiff from a certain Ramon S. Go on September 9,
2005; photocopy of Deed of Absolute Sale attached herewith and made
an integral part hereof as ANNEX “B”; 3.3 Immediately after
acquiring the lot, the Plaintiff had it fenced with barbed wires
around its perimeter; pictures attached herewith and made an integral
part hereof as ANNEXES “C” to “C-3”; 3.4 The lot is covered by
Tax Declaration of Real Property No. 207-02-008-04-064 issued by the
Ligao City Assessor’s Office on December 15, 2012, with an assessed
value of Thirty Seven Thousand Five Hundred Pesos (P37,500.00);
certified true copy attached herewith and made an integral part
hereof as ANNEX “D”; 4. Before the end of the year 2005, Plaintiff
already transferred from her residence in Sta. Cruz, Ligao City to
No. 3 Augustus Street, B. F. Resort Village, Las Piñas City; 5. On
December 10, 2014, when Plaintiff visited Sta. Cruz, Ligao City, she
discovered that the Defendants had not only intruded into her lot but
they had constructed a house thereon; pictures are attached herewith
and made integral part hereof as ANNEXES “E” to “E-3”; 6. The
Plaintiff made numerous demands, albeit verbally, for the Defendants
to vacate the premises, but to no avail; COMPLAINT For Accion
Reivindicatoria, Quieting of Title and Damages with Prayer for the
Issuance of a Writ of Preliminary Mandatory Injunction Reyes v.
Spouses Pintor Page 3 of 12
x-----------------------------------------x 7. On February 3, 2015,
Plaintiff, through counsel, demanded that the Defendants vacate the
former’s lot within ten (10) days from notice; photocopy of the
letter is attached herewith and made an integral part hereof as ANNEX
“F”. The Defendants received the letter on February 8, 2015 as
evidenced by the Registry Return Receipt; photocopy of which is
attached herewith and made an integral part hereof as ANNEX “G”; 8.
On February 20, 2015, the Plaintiff, through counsel, filed a
complaint against the Defendants with the Office of the Barangay
Chairman of Sta. Cruz, Ligao City, despite the rule that such
Barangay conciliation proceedings is not a pre-condition in the
filing of cases in the Court considering that the Plaintiff and
Defendants are neither situated in the same barangay nor they are in
adjoining barangays; 1 photocopy of which is attached herewith and
made an integral part hereof as ANNEX “H”; 8.1 During the
conference before the Lupon ng Tagapagpayapa, the Defendants said
they would not vacate the lot contending they bought the same for
value from a certain Katrina Ante sometime in 2006 before they
entered the lot, photocopy of the excerpts from the meeting attached
herewith and made an integral part hereof as ANNEX “I”; 1
Administrative Circular No. 14-93, July 15, 1993 I. All disputes are
subject to Barangay conciliation pursuant to the Revised Katarungang
Pambarangay Law [formerly P. D. 1508, repealed and now replaced by
Secs. 399-422, Chapter VII, Title I, Book III, and Sec. 515, Title I,
Book IV, R.A. 7160, otherwise known as the Local Government Code of
1991], and prior recourse thereto is a precondition before filing a
complaint in court or any government offices, except in the following
disputes: x x x [5] Disputes involving parties who actually reside in
barangays of different cities or municipalities, except where such
barangay units adjoin each other and the parties thereto agree to
submit their differences to amicable settlement by an appropriate
Lupon; (emphasis supplied) COMPLAINT For Accion Reivindicatoria,
Quieting of Title and Damages with Prayer for the Issuance of a Writ
of Preliminary Mandatory Injunction Reyes v. Spouses Pintor Page 4 of
12 x-----------------------------------------x 8.2 On March 5, 2015,
for failure of the parties to reach a settlement, the Barangay
Chairman issued to the Plaintiff a Certificate to File Action,
photocopy of which is attached herewith and made an integral part
hereof as ANNEX “J”; First Cause of Action: Accion Reivindicatoria
9. Plaintiff seeks to recover the subject lot being held by the
Defendants under the right of an absolute and registered owner: 9.1
Ordinarily, the Plaintiff’s cause of action falls under Accion
Interdictal particularly forcible entry. In forcible entry, one is
deprived of physical possession of any land or building by means of
force, intimidation, threat, strategy, or stealth. Where the
Defendant’s possession of the property is illegal ab initio, the
summary action for forcible entry (detentacion) is the remedy to
recover possession;2 9.2 However, considering that Defendant’s claim
challenges the absolute ownership of the Plaintiff, Accion
Reivindicatoria would be the proper remedy; Accion reivindicatoria or
accion de reivindicacion is thus an action whereby plaintiff alleges
ownership over a parcel of land and seeks recovery of its full
possession. It is different from accion interdictal or accion
publiciana where plaintiff merely alleges proof of a better right to
possess without claim of title. 3 9.3 In the instant case, the
Plaintiff is clearly asserting to vindicate her exclusive and
absolute ownership and not just simply recovery of possession. Thus,
even if an action for forcible entry succeeded, it will still not
result to a complete relief being sought by the Plaintiff; 2 Spouses
Del Rosario v. Gerry Roxas Foundation, Inc., G.R. No. 170575, June 8,
2011. 3 Serdoncillo v. Fidel, G.R. No. 118328, October 8, 1998.
COMPLAINT For Accion Reivindicatoria, Quieting of Title and Damages
with Prayer for the Issuance of a Writ of Preliminary Mandatory
Injunction Reyes v. Spouses Pintor Page 5 of 12
x-----------------------------------------x A judgment rendered in a
forcible entry case will not bar an action between the same parties
respecting title or ownership because between a case for forcible
entry and an accion reinvindicatoria, there is no identity of causes
of action. Such determination does not bind the title or affect the
ownership of the land; neither is it conclusive of the facts therein
found in a case between the same parties upon a different cause of
action involving possession. 4 (emphasis supplied) Second Cause of
Action: Quieting of Title 10. Aside from the action to vindicate
ownership and to recover full possession of the subject lot, the
Plaintiff also brings the action for quieting of title as provided
for in the Civil Code of the Philippines5 and the Rules of Court:6
10.1 Plaintiff has an indefeasible title7 over the lot in question
acquired through a valid sale,8 acquired prior physical possession
therein,9 supported by a local tax declaration;10 10.2 Defendant
claims an interest over the same arising from the alleged sale11
asserted during the failed Barangay conciliation proceedings, thereby
casting cloud, doubt and prejudice to the Plaintiff’s title; In an
action for quieting of title, the complainant is seeking for “an
adjudication that a claim of title or interest in property adverse to
the claimant is invalid, to free him from the danger of hostile
claim, and to remove a cloud upon or quiet title to land where stale
or unenforceable claims or demands exist.”12 (emphasis supplied) 4
Spouses Ocampo v. Heirs of Dionisio, G.R. No. 191101, October 1,
2014. 5 Article 476. Whenever there is a cloud on title to real
property or any interest therein, by reason of any instrument,
record, claim, encumbrance or proceeding which is apparently valid or
effective but is in truth and in fact invalid, ineffective, voidable,
or unenforceable, and may be prejudicial to said title, an action may
be brought to remove such cloud or to quiet the title. xxx 6 Rule 63,
Section 1 7 Supra, §3.1 8 Supra, §3.2 9 Supra, §3.3 10 Supra,
§3.4 11 Supra, §8.1 12 Heirs of Pocdo v. Avila and Chua, G. R. No.
199146, March 19, 2014. COMPLAINT For Accion Reivindicatoria,
Quieting of Title and Damages with Prayer for the Issuance of a Writ
of Preliminary Mandatory Injunction Reyes v. Spouses Pintor Page 6 of
12 x-----------------------------------------x Third Cause of Action:
Actual, Moral, and Exemplary Damages and Attorney’s Fees 11.
Plaintiff was deprived of all the beneficial use of the subject lot
from the moment the Defendants surreptitiously entered thereto.
Defendants’ possession and occupation should be charged with
reasonable rental fees in the amount of Five Thousand Pesos
(P5,000.00) per month with legal interests, considering the
Plaintiff’s age and her absence of any other means to support her
dayto-day needs. Otherwise, the Defendants would have unjustly
enriched and continuously enrich themselves at the Plaintiff’s
expense. Following the time-honored principle on human relations:
Every person must, in the exercise of his rights and in the
performance of his duties, act with justice, give everyone his due,
and observe honesty and good faith.13 (emphasis supplied) 12.
Plaintiff likewise claims for any and all expenses in her repeated
visits to Ligao City from Las Piñas City and vice versa after the
discovery of the deforciant, including her participation to Barangay
conciliation proceedings referred to Lupong Tagapamayapa, and other
costs related to this action, amounting to Fifty Thousand Pesos
(P50,000.00), evidenced by receipts, photocopies of which are
attached herewith and made integral part hereof as ANNEXES “K” to
“K-12”; 13. Plaintiff also suffered sleepless nights, mental
anguish, fright, serious anxiety, besmirched reputation, wounded
feelings, 13 Id., Article 19 COMPLAINT For Accion Reivindicatoria,
Quieting of Title and Damages with Prayer for the Issuance of a Writ
of Preliminary Mandatory Injunction Reyes v. Spouses Pintor Page 7 of
12 x-----------------------------------------x moral shock and social
humiliation14 from the said dispossession, aggravated by the fact
that she is already in her advanced age. It was an unfortunate
experience for which no elderly is supposed to bear. For such
prolonged depression, Defendants should be made to pay the Plaintiff
the sum of Fifty Thousand Pesos (P50,000.00) by way of moral damages;
14. By way of example or correction for the public good, the
Defendant should likewise be made to pay the amount of Twenty
Thousand Pesos (P20,000.00) as exemplary damages,15 to serve as
deterrent to those who might undermine and abuse the elderly; 15. In
view of the forgoing, the Plaintiff was constrained to retain the
services of counsel thereby incurring expenses in the amount of Fifty
Thousand Pesos (P50,000.00) as acceptance fee, and in addition
thereto, a fee of Three Thousand Pesos (P3,000.00) per court
appearance, which amount should be charged against the Defendants and
be made payable to the Plaintiff as attorney’s fees, including the
costs of litigation; Allegations in Support of the Prayer for the
Issuance of a Writ of Preliminary Mandatory Injunction 16. Plaintiff
repleads by reference all of the foregoing allegations as may be
material and relevant under this heading; 17. Defendant's continued
illegal occupation of the said parcel of land and refusal to vacate
the same and to peacefully 14 Id., Article 2217 15 Id., Article 2229
COMPLAINT For Accion Reivindicatoria, Quieting of Title and Damages
with Prayer for the Issuance of a Writ of Preliminary Mandatory
Injunction Reyes v. Spouses Pintor Page 8 of 12
x-----------------------------------------x surrender possession
thereof to herein Plaintiff is working grave injustice and causing
damage to the latter, even aggravated by the latter’s advanced age;
18. Plaintiff is entitled to the reliefs demanded, and the whole or
part of such relief consists in the immediate delivery and surrender
by the defendants of possession of the land to the Plaintiff; 19. In
the event that a writ of preliminary mandatory injunction is granted
to Plaintiff, she is ready, willing and able to post a bond to answer
for all damages Defendant may sustain by reason of said injunction if
the court should finally decide that Plaintiff is not entitled
thereto; P R A Y E R WHEREFORE, it is most respectfully prayed that,
after due hearing, judgment be rendered in favor of the Plaintiff: a)
Ordering the Defendants, their family, successors, assignees, heirs
and all persons claiming rights under them to vacate the lot covered
by TCT No. T-18910 of the Registry of Deeds for the Province of
Albay, and to peacefully turn over the possession thereof to the
Plaintiff; b) Declaring the Plaintiff as the exclusive and absolute
owner of the subject lot, thereby quieting the title and removing any
cloud thereon, and ordering the cancellation of any title the
Defendants may have corresponding to the same lot; c) Ordering the
Defendants to pay the Plaintiff a monthly rental fee at the rate of
Five Thousand Pesos (P5,000.00) per month, with legal interests, from
date the former took the property as determined by the Court until
possession is COMPLAINT For Accion Reivindicatoria, Quieting of Title
and Damages with Prayer for the Issuance of a Writ of Preliminary
Mandatory Injunction Reyes v. Spouses Pintor Page 9 of 12
x-----------------------------------------x returned to the latter
together with the sum of Fifty Thousand Pesos (P50,000.00), as actual
or compensatory damages; d) Ordering the Defendants to pay the
Plaintiff the amount of Fifty Thousand Pesos (P50,000.00) as moral
damages; e) Ordering the Defendant to pay Twenty Thousand Pesos
(P20,000.00) as exemplary damages; f) Ordering the Defendant to pay
the Plaintiff attorney’s fees in the amount of P50,000.00 and
P3,000.00 per court hearing; and, g) Ordering the Defendants to pay
the costs of suit; h) That pending the outcome of the instant case, a
writ of preliminary mandatory injunction be immediately issued
ordering the Defendant, his family, successors, assigns heirs and all
persons claiming rights under them, to immediately vacate the said
lot and return possession of the same to the Plaintiff. Other reliefs
just and equitable under the premises are likewise prayed for. Bacoor
City, Cavite, March 15, 2015. JESSIE A. SALVADOR Counsel for
Plaintiff 24-A Gen. Evangelista St. Mabolo I Bacoor City, Cavite 4102
PTR No. 7151978/01-05-15/Bacoor City, Cavite Roll of Attorneys No.
86281 IBP No. 315537/8-30-14/Cavite MCLE Compliance No. IV-
00000830/07-15-14 Email: engrjhez@gmail.com / Cell. No. (0906) 377-
8888 COMPLAINT For Accion Reivindicatoria, Quieting of Title and
Damages with Prayer for the Issuance of a Writ of Preliminary
Mandatory Injunction Reyes v. Spouses Pintor Page 10 of 12
x-----------------------------------------x VERIFICATION AND
CERTIFICATION OF NON-FORUM SHOPPING I, CARIDAD A. REYES, seventy (70)
years of age, Filipino and a resident of No. 3 Augustus Street B.F.
Resort Village, Las Piñas City, Metro Manila, avers under oath that I
am the Plaintiff that caused the preparation of the foregoing
Complaint; I certify that the same are true and correct to the best
of my personal knowledge and based on authentic records. I have not
commenced any action or filed any claim involving the same issues in
any court, tribunal or quasi-judicial agency and, to the best of my
knowledge, no such other action or claim is pending therein; and
should I thereafter learn that the same or similar action or claim
has been filed or is pending before any court, tribunal or
quasijudicial agency, I undertake to report said fact within five (5)
days from such knowledge to this Honorable Court. IN TRUTH WHEREOF, I
have hereunto affixed my signature below this 15th day of March 2015,
at Bacoor City, Cavite. CARIDAD A. REYES Affiant SUBSCRIBED AND SWORN
to before me this 15th day of March 2015, affiant exhibiting to me
her OSCA ID No.12345678 issued on August 30, 2004, in Las Piñas City,
M.M. JESSIE A. SALVADOR Notary Public Commission Expires December 31,
2015 Roll of Attorneys No. 86281 / IBP No. 315537/8-30-14/Cavite MCLE
Compliance No. IV-00000830/07-15-14 PTR No. 7151978/01-05-15/Bacoor
City, Cavite Email: engrjhez@gmail.com/Cell No. (0906) 377-8888 Doc.
No. 439 Page No. 88 Book No. 2 Series of 2015 COMPLAINT For Accion
Reivindicatoria, Quieting of Title and Damages with Prayer for the
Issuance of a Writ of Preliminary Mandatory Injunction Reyes v.
Spouses Pintor Page 11 of 12
x-----------------------------------------x AFFIDAVIT OF MERIT I,
CARIDAD A. REYES, seventy (70) years of age, Filipino and a resident
of No. 3 Augustus Street B.F. Resort Village, Las Piñas City, Metro
Manila, Philippines, after being sworn to in accordance with law,
depose and state that: I am the Plaintiff in the above-captioned
case filed against spouses Celestino P. Pintor and Guadalupe S.
Pintor, as Defendants, before the Regional Trial Court of Ligao City,
Albay, Philippines; I am the absolute and registered owner of a
certain parcel of land situated in Sta. Cruz, Ligao City, identified
and covered by Transfer Certificate of Title No. T-18910 of the
Registry of Deeds for the Province of Albay; Since around year 2006,