Scribd Logo
Upload

Welcome to Scribd!

  • 55 views

    RTC Zalamea

    Uploaded by

    Joane Rose Dominguez Maclang
    Rodolfo and Cesar Zalamea filed a complaint against Raymond Santiago to recover possession of a parcel of land with a title and tax declaration under the plaintiffs' names. The defendant had occupied a portion of the land with the plaintiffs' permission but refused to vacate when asked. The plaintiffs served a notice to vacate but the defendant ignored it. They request the court order the defendant to immediately vacate the land and pay damages and attorney's fees.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd

    RTC Zalamea

    Uploaded by

    Joane Rose Dominguez Maclang
    55 views3 pages
    Rodolfo and Cesar Zalamea filed a complaint against Raymond Santiago to recover possession of a parcel of land with a title and tax declaration under the plaintiffs' names. The defendant had occupied a portion of the land with the plaintiffs' permission but refused to vacate when asked. The plaintiffs served a notice to vacate but the defendant ignored it. They request the court order the defendant to immediately vacate the land and pay damages and attorney's fees.

    Original Description:

    complaint sample

    Copyright

    © © All Rights Reserved

    Available Formats

    DOC, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Rodolfo and Cesar Zalamea filed a complaint against Raymond Santiago to recover possession of a parcel of land with a title and tax declaration under the plaintiffs' names. The defendant had occupied a portion of the land with the plaintiffs' permission but refused to vacate when asked. The plaintiffs served a notice to vacate but the defendant ignored it. They request the court order the defendant to immediately vacate the land and pay damages and attorney's fees.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    55 views3 pages

    RTC Zalamea

    Uploaded by

    Joane Rose Dominguez Maclang
    Rodolfo and Cesar Zalamea filed a complaint against Raymond Santiago to recover possession of a parcel of land with a title and tax declaration under the plaintiffs' names. The defendant had occupied a portion of the land with the plaintiffs' permission but refused to vacate when asked. The plaintiffs served a notice to vacate but the defendant ignored it. They request the court order the defendant to immediately vacate the land and pay damages and attorney's fees.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 3

    Republic of the Philippines

    REGIONAL TRIAL COURT


    THIRD JUDICIAL REGION
    BRANCH ___
    City of Malolos, Bulacan
    RODOLFO R. ZALAMEA
    and CESAR R. ZALAMEA
    Plaintiffs,
    - versus -

    CIVIL CASE NO. __________


    For: Recovery of
    Possession w/
    Damages.

    RAYMOND SANTIAGO, &


    All
    persons claiming
    Rights under him.
    Defendant.
    x----------------------------------------x

    C O M P L A I N T
    PLAINTIFFS, by counsel to this Honorable Court most
    respectfully state:
    1.) Plaintiffs, Rodolfo R. Zalamea and Cesar R. Zalamea,
    are both of legal ages, married, Filipinos and residents of 323 E.
    Ramos St. Bagbaguin, Sta. Maria, Bulacan, respectively, while
    defendant, Raymond Santiago, is likewise of legal age, Filipino
    and a resident of 323 E. Ramos St. Bagbaguin, Sta. Maria, Bulacan
    where they can be served with summons and other legal
    processes;
    2.) Plaintiffs are the absolute owner of a parcel of land
    covered by TCT No.040-2012014457 situated at Bo. Of
    Bagbaguin, Municipality of Sta. Maria Province of Bulacan and is
    declared for taxation purposes under their name; (copies of said
    title and Tax Declaration are hereto attached as Annex A and
    A-1 respectively);
    3.) That the subject property has an assessed value of One
    Hundred Seventy Eight Thousand Four Hundred (P 178, 400.00)
    Pesos.
    4.) Defendant for a period of time has been occupying a
    portion of the plaintiffs lot with their knowledge and tolerance
    since the former is a nephew and the latter at that time have no
    intention of using the said occupied portion lot, however last year,

    plaintiffs deemed it wise to take over possession of the same


    hence, tolerance has been withdrawn and this at first was
    personally relayed to defendant but he arrogantly ignored said
    request for him to vacate.
    5.) On August 23, 2013 plaintiffs thru counsel Atty. Rolando
    Dazzle Ty made a written demand upon the defendant, for him to
    vacate the subject lot; (copy of Notice to Vacate, and Return Card
    hereto attached as Annex B, B-1respectively)
    6.) That to the chagrin and consternation of the plaintiffs,
    defendant ignored and refused and continuously ignores and
    refuses to vacate the area despite demand and even
    contumaciously challenge with arrogance the claim of the
    plaintiffs;
    7.) That serious effort to settle this case was undertaken
    since the defendant is a relative but to no avail;
    8.) That this case was referred to the Barangay for
    Conciliation but same proved futile; (copy of Certificate of File
    action hereto attached as Annex C)
    9.) That due to defendants continuous unlawful possession
    of the lot, and in order to protect their rights and interest over the
    property, plaintiffs were forced to engage the services of counsel
    and agreed to pay him P70,000.00 as Attorneys fee plus
    P3,000.00 appearance fee;
    10.) That by reason of illegal occupation of the lot by the
    defendant, plaintiffs are being deprived of income from the same.
    PRAYER
    WHEREFORE, it is most respectfully prayed that judgment
    be rendered in favor of the plaintiffs and against the defendant to
    wit;
    1.) Declaring the defendants occupation to the subject land
    illegal;
    2.) Ordering the defendant and all persons claiming rights
    under him to immediately vacate and surrender the physical
    possession of the land to the herein plaintiffs;
    3.) Ordering the defendant to pay plaintiffs actual and
    necessary damages in the amount of P50,000.00.
    4.) Ordering defendant to pay Attorneys fee plus cost of the
    suit.

    Other reliefs just and equitable under the premises are


    likewise being prayed for.
    City of San Fernando, Pampanga, for City of Malolos,
    Bulacan, December 23, 2014.
    YAMBAO LAW OFFICE
    3 Floor C.L.K. Bldg., Dolores,
    City of San Fernando, Pampanga
    Counsel for the Plaintiffs
    rd

    BY:
    BENJAMIN M. YAMBAO
    PTR No. 2248819/ 1-02-2014
    IBP No. 931515 / 1-02-2014
    Roll No. 26124
    MCLE Compliance No. IV-0008031
    Dated 09 September 2012
    Tel. Fax No. (045) 961-0279

    You might also like