Republic of the Philippines

First Judicial Region

MUNICIPAL TRIAL COURT
Branch _____
Vigan City, Ilocos Sur

CONSUELO DELA CRUZ

Plaintiff Civil Case No. 1234567
-vs- For: FORCIBLE ENTRY

DINO GARCIA and WAKAN DA

Respondents
x--------------------------------------------x

COMPLAINT

PLAINTIFF, through undersigned counsels and unto this Honorable Court,

respectfully avers that:
1. Plaintiff Consuelo Dela Cruz, 30 years old, single, Filipino citizen and a resident of
Purok 1, Pantay Fatima, Vigan City, Ilocos Sur, where she may be served with
notices and other court processes, in addition to or in lieu of counsels’ address;
2. Respondents herein are DINO GARCIA, 34 years old, married to Corazon Garcia,
Filipino citizen, and a resident of Purok 1, Pantay Fatima, Vigan City, Ilocos Sur;
and WAKAN DA, 30 years old, single, Filipino citizen, and a resident of Purok 1,
Pantay Fatima, Vigan City, Ilocos Sur;
3. The plaintiff is the registered owner of a parcel of land located at Purok 1, Pantay
Fatima, Vigan City, Ilocos Sur (subject property) containing an area of 10, 198
square meters, more or less,
3.1 The lot is covered by Transfer Certificate of Title (TCT) No. T-
35394; machine copy of the same is attached herewith and made an
integral part hereof as ANNEX “A”;
3.2 Said lot was purchased by the Plaintiff from a certain Leo S. Apal on
December 20, 2011; photocopy of the Deed of Absolute Sale is attached
herewith and made an integral part hereof as ANNEX “B”;
3.3 The lot is covered by Tax Declaration of Real Property No. 123-12-123-
12-123 issued by the Vigan City Assessor’s Office on September 2,
2013, with as assessed value of Two Hundred Thousand Pesos
(P200,000.00); certified true copy is attached herewith and made an
integral part hereof as ANNEX “C”;
4. On February 1, 2021, Plaintiff went home to Vigan to settle permanently, she
learned that the subject property is being occupied by DINO GARCIA and
WAKAN DA without Plaintiff’s permission;
4.1 Plaintiff also learned that herein respondents, DINO GARCIA and
WAKAN DA, are already offering the subject property for sale;
5. Plaintiff, alarmed by the acts of DINO GARCIA and WAKAN DA sought
assistance of herein counsels;
6. Efforts for possible settlement and/or reconciliation was exerted by the plaintiff by
seeking the intervention of the Office of Lupong Tagapamayapa of Pantay Fatima,

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 Vigan City, Ilocos Sur, for possible alternative resolution of the conflict, however,
all efforts to amicable settlement of their dispute were in vain;
6.1 For failure to amicably settle, the Office of Lupong Tagapamayapa of
Pantay Fatima, Vigan City, Ilocos Sur issued a Certificate to File Action
dated March 1, 2021, a copy of the same is attached herewith and made
an integral part hereof as ANNEX “D”;
7. On March 30, 2021, Plaintiff, with assistance of undersigned counsels, sent a
demand letter to the herein respondents ordering them to vacate the subject property
within thirty (30) days from receipt of the letter, a copy of the demand letter is
attached herewith and made an integral part hereof as ANNEX “E”;
7.1 However, even until the filing of instant case, respondents have not
vacated the subject property;
8. As a consequence of the unlawful entry and occupation of the land by the
respondents and their subsequent refusal to vacate the premises, plaintiff was
compelled to file this action and, for this reason I have to engage the services of
counsel for an agreed professional fee of Thirty Five Thousand Pesos (P35,
000.00), evidenced by receipts and Legal Service Agreement, photocopies of which
are attached herewith and made an integral part hereof as ANNEX “F”, and
ANNEX “F-2”, respectively;
9. As a further consequence of the respondents refusal to surrender and restore
peaceful possession of the land, Plaintiff herein suffered mental anguish, emotional
disturbance, embarrassment besmirched reputation which entitles them to recover
moral and exemplary damages amounting to not less than Fifty Thousand Pesos
(P50, 000.00).
10. During the trial, the plaintiff will present the following witnesses and documentary
evidence:

10.1 Consuelo Dela Cruz;

10.2 Transfer Certificate of Title (TCT) No. T-35394

10.3 Deed of Absolute Sale Consuelo Dela Cruz and Leo S. Apal;

10.4 Tax Declaration of Real Property No. 123-12-123-12-123;

10.5 Certificate to File Action;

10.6 Demand Letter, and

10.7 Photocopies of Official Receipts.

PRAYER

WHEREFORE, plaintiff respectfully prays the Honorable Court to render

judgment;

1. Ordering the respondents to vacate the premises of the area occupied by

them and to deliver peaceful possession of the same to the plaintiff or their
representative.

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 2. Ordering the respondents to remove any and structure which they, in bad
faith, have erected in the area occupied by them or, in default thereof, to
order the demolition of their building or structures which are standing in the
land, all at the expense of the respondents.
3. Condemning the defendant to pay the plaintiff,
• The sum of P25, 000.00 as attorney's fees and the sum of P5, 000.00
as expense of litigation;
• Moral and exemplary damage of not less than P50, 000.00, and;
• The costs of this suit;
Other reliefs just and equitable under the premises are likewise prayed for.
Vigan, City, Ilocos Sur, May 27, 2021.

ATTY. JOSELLE REYES

Co-Counsel for the Plaintiff
Roll No. 88881, June 7, 2019
IBP Lifetime No. 56756
PTR No. 45645, January 4, 2021, Ilocos Sur
Unit 10, Plaza Maesto, Vigan City

ATTY. JAN PONCE RABAGO

Co-Counsel for the Plaintiff
Roll No. 78881, June 7, 2019
IBP Lifetime No. 3453
PTR No. 79887, January 4, 2021, Ilocos Sur
Unit 10, Plaza Maesto, Vigan City

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Republic of the Philippines )
Province of Ilocos Sur ) SS
City of Vigan )
x--------------------------------x

VERIFICATION AND CERTIFICATION

I, CONSUELO DELA CRUZ, of legal age, Filipino and a resident of Purok 1, Pantay
Fatima, Vigan City, Ilocos Sur, after being sworn to in accordance with law hereby depose
and state:
I am a plaintiff in the above-stated case;

I caused the preparation and filing of the foregoing complaint and I have read and
understood all its contents, the same to be true and correct of my own personal knowledge
and authentic documents;

The complaint is not filed to harass, cause unnecessary delay, or needlessly increase
the cost of litigation and the jfactual allegations herein have evidentiary support after
reasonable opportunity for discovery; and

In my capacity as such, I hereby certify that 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 if I
should thereafter learn that the same or similar action has been filed or is pending, I shall
report that fact within five (5) calendar days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto set my hand on this 27TH day of May,
2021 at Vigan City, Ilocos Sur, Philippines.

CONSUELO DELA CRUZ

Affiant

SUBSCRIBED AND SWORN to before me in the City of Vigan, Ilocos Sur this
27th day of May 2021 by CONSUELO DELA CRUZ, who has satisfactorily proven to be
her identity through her Voter’s ID bearing number 2934-0044b-A2191, that she is the
same person who personally signed the foregoing affidavit before me and acknowledged
that she executed the same.

ATTY. ANTONIO DI MAGUIBA

Notary Public
Notarial Commission No. 11-2021, Vigan City
Until December 31, 2022
Roll No. 88881, June 7, 2019
IBP Lifetime No. 123455
PTR No. 123455, January 4, 2021, Ilocos Sur
2nd Floor, Luisa Bldg.,Vigan City, Ilocos Sur

Doc. No. 123

Page No. 34
Book No. V
Series No. 2021

4
ANNEX “A”

5
 ANNEX “B”
DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:

This instrument is made and entered into in the City of Vigan this 20th day of
December 2011 by and between:

LEO S. APAL, of legal age, single, Filipino, and residing at San Julian, Vigan
City, Philippines hereinafter called as the VENDOR;

-AND-

CONSUELO DELA CRUZ, 30 years old, single, Filipino citizen and a resident
of Purok 1, Pantay Fatima, Vigan City, Ilocos Sur, Philippines, hereinafter called the
VENDEE;

WITNESSETH

That the VENDOR is the absolute owner of a parcel of land situated at Purok 1,
Pantay Fatima, Vigan City, Ilocos Sur (subject property) containing an area of TEN
THOUSAND ONE HUNDRED NINETY-EIGHT (10, 198) SQUARE METERS more
or less, and covered by TRANSFER CERTIFICATE TITLE NO. T-35394, issued by
the Register of Deeds of Bantay, Ilocos Sur, Philippines, and more particularly described
as follow:

Transfer Certificate of Title

“a Parcel of land (Lot-1-I of the subdivision survey AFS-23-

29384); being a portion of Lot PA-2311; situated in Purok 1,
Pantay Fatima, Vigan City, Ilocos Sur, Island of Luzon;
containing an area of ten thousand one hundred ninety-eight
(10, 198) square meters.”

That the VENDOR decided to sell the above-described parcel of land including all
the improvements therein to herein VENDEE;

That for and in consideration of the amount TWO MILLION EIGHT

HUNDRED THOUSAND PESOS (Php2,800,000.00) ONLY, receipt of which is hereby
acknowledged from VENDEE to VENDOR, the VENDOR do hereby SELL,
CONCEDE, TRANSFER, and CONVEY by way of ABSOLUTE SALE unto the said
VENDEE, his heirs, assigns and successors-in-interests, the above-described property and
that said property is free from all liens and encumbrances of whatever nature.

IN WITNESS WHEREOF, I have hereunto affixed my hand this day of 20th

December 2011 at the Vigan, Ilocos Sur, Philippines.

LEO S. APAL CONSUELO DELA CRUZ

Vendor Vendee

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 SIGNED IN THE PRESENCE OF:

ANDREI DIMAGUIBA HEPI MARIANO

Republic of the Philippines )

Province of Ilocos Sur ) SS
City of Vigan )
x--------------------------------x

ACKNOWLEDGMENT

BEFORE ME, a Notary Public in and for City of Vigan, Ilocos Sur, Philipppines,
personally appeared Leo S. Apal and Consuelo Dela Cruz, who have satisfactorily proven
their identity through their Non-Professional Driver’s License number N03-12-123456
valid until January 19, 2004, and his Voter’s ID number AS12344-3ASD9, respectively,
that they are the same persons who executed and voluntarily signed the foregoing Deed of
Absolute Sale which they acknowledged before me as their free and voluntary act and deed.

This instrument refers to a Deed of Absolute Sale and consists of TWO (2) pages including
the page on which this acknowledgment is written and signed by the parties and their
instrumental witnesses on each and every page thereof.

WITNESS MY HAND AND SEAL, this 20th day of December 2011 in Vigan, Ilocos Sur.

ATTY. MARIO DINA

Notary Public
Notarial Commission No. 11-2011, Vigan City
Until December 31, 2011
Roll No. 88881, June 7, 2010
IBP Lifetime No. 123455
PTR No. 123455, January 4, 2011, Ilocos Sur
2nd Floor, Vigan Square, Vigan, Ilocos Sur

Doc. No. 923

Page No. 76
Book No. VI
Series No. 2011

7
ANNEX “C”

8
 ANNEX "D"
Republic of the Philippines
Province of Ilocos Sur
City of Vigan
Barangay Pantay Fatima
OFFICE OF THE LUPONG TAGAPAMAYAPA

CONSUELO DELA CRUZ

Plaintiff,

-and- Barangay Case No. 2021-016

For: Eviction and payment of damages
DINO GARCIA AND WAKAN DA
Respondents,
x---------------------------------------------x

CERTIFICATION TO FILE ACTION

This is to certify that:

1. There has been no personal confrontation between the parties before the Punong
Barangay because the respondents was absent and that mediation failed;

2. The Pangkat Tagapagkasundo was constituted but there has been no personal
confrontation before the Pangkat likewise did not result into a settlement because
the respondent was absent;

3. Therefore, the corresponding complaint for the dispute may now be filed in Court.

This 1st day of March, 2021 in Vigan City, Philippines.

Mrs. GRACE POE

Pangkat Secretary

Attested by:

Brgy. Captain MAR ROXAS

Lupon Chairman

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 ANNEX "E"
March 15, 2021

Mr. DINO GARCIA and Mr. WAKAN DA

Purok 1, Pantay Fatima, Vigan City, Ilocos Sur

Re: DEMAND TO VACATE

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

Dear Mr. Dino Garcia and Mr. Wakan Da:

The undersigned write on behalf of our client, Ms. Consuelo Dela Cruz who referred to us
for appropriate legal action the above-captioned matter.

Facts revealed to us by our client shows that she is the lawful owner of a titled parcel of
land in her name which is located at Purok 1, Pantay Fatima, Vigan City, Ilocos Sur.

Our client has been pleading the both of you to vacate his property since she is now going
to use the same. It has to be remembered that the subject property own by my client is
currently being occupied by both of you and that it came to the knowledge of our client
that you are already offering the subject property for sale.

In view of the foregoing circumstances, we make this DEMAND upon you to vacate the
said premises within THIRTY (30) DAYS from notice hereof. If you fail to heed this
demand, we shall be constrained to institute appropriate CRIMINAL and CIVIL actions
against you to protect our client’s interest.

We trust that you will give this matter your preferential attention.

Very truly yours,

ATTY. JOSELLE REYES

Co-Counsel for the Plaintiff

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 ANNEX "F"
ATTY. JOSELLE REYES &
ATTY. JAN RABAGO
Unit 10, Plaza Maestro, Vigan City, Philippines
Mobile No. 09367980561; Tel. No . 7967-5677
Email:Rabago&ReyesLAW@gmail.com

LEGAL SERVICE AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT is made and executed by and between:

CONSUELO DELA CRUZ, duly represented herein by its authorized representative

Atty. Joselle Reyes and Atty. Jan Rabago, Filipino, of legal age, with business address
at Purok 1, Pantay Fatima, Vigan Ilocos Sur (hereinafter referred to as the CLIENT);

-and counsels-

ATTY. JOSELLE REYES, Filipino, of legal age, single with office at ,Unit 10,
Plaza Maestro, Vigan City, Philippines (hereinafter referred to as the CO-COUNSEL);

ATTY. JAN RABAGO, Filipino, of legal age, single with office at Unit 10, Plaza
Maestro, Vigan City, Philippines (hereinafter referred to as the CO-COUNSEL);

WITNESSETH: That –

NOW THEREFORE, for and in consideration of the mutual covenants and

agreements herein agreed upon, the CLIENT and the COUNSEL by these presents, have
entered, as they hereby enter into a contract of services whereby the COUNSEL shall
render legal services to the CLIENT, under the following terms and conditions:

SCOPE OF AGREEMENT

1. This Contract shall cover the preparation of the complaint of the client until the
resolution of the case entitled Consuelo Dela Cruz vs. Dino Garcia and Wakan Da;

2. The Counsel undertakes to handle the Client’s case with utmost competence,
proficiency and diligence. The Client, however, acknowledges that there is no guaranty
regarding the outcome or success of the Client’s case;

COSTS AND FEES

3. The Client agrees that the Counsel’s fees shall be paid as follows:

ACCEPTANCE FEE – Php35,000.00

The said fees shall be inclusive already of acceptance fees, appearance fees, and success
fees. This shall only cover the handling of the case in the court's jurisdiction. Handling of
the case on appeal shall be subject to a different agreement by the parties.

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4. All other charges (including but not limited to case conferences/meetings,
preparation and filing of pleadings / motions) shall be shouldered by the Counsel, unless
otherwise agreed by the parties;

DISCHARGE AND WITHDRAWAL OF ATTORNEY

5. The Client may, at any time and for whatever reason, discharge the Counsel thru a
Professional Responsibility;

6. In case of discharge for whatever cause by the Client, the Counsel shall be entitled
to the agreed fees, proportionate to the work done;

CONFIDENTIALITY

7. Any and all information, documentary or otherwise, received by the Counsel in

connection with this Agreement shall be considered privileged and confidential and shall
only be used, without need for further authority from the Client, in the filing and
prosecution of the instant case. In other instances, such privileged or confidential
information may be used by the Counsel with the written consent of the Client;

8. Any and all provisions of this Agreement shall likewise be considered privileged
and confidential and may not be used or disclosed by any of the parties herein without the
written consent of the other party.

IN WITNESS WHEREOF, WE have hereunto set our hands this 6th day of May 2021 in
the City of Vigan, Philippines.

.
CONSUELO DELA CRUZ
Client

Represented herein by counsels:

ATTY. JOSELLE REYES

Roll No. 88881, June 7, 2019
IBP Lifetime No. 56756
PTR No. 45645, January 4, 2021, Ilocos Sur
Unit 10, Plaza Maestro, Vigan City

ATTY. JAN PONCE RABAGO

Roll No. 78881, June 7, 2019
IBP Lifetime No. 3453
PTR No. 79887, January 4, 2021, Ilocos Sur
Unit 10, Plaza Maestro, Vigan City

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 ANNEX "F-2"
Date: May 06, 2021

PAYMENT RECEIPT

RECEIVED FROM: MS. CONSUELO DELA CRUZ

ADDRESS: Purok 1, Pantay Fatima, Vigan City, Ilocos Sur

AMOUNT TO BE PAID: Thirty Five Thousand Pesos (Php 35,000.00)

In Payment Of: Lawyer’s fee.

Received by:

ANA LA APILYEDO
Office Clerk

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