SPS. ELPEDIO & MAXIMA ANTIOLA Vs.

VICENTE LUMANSOC & ALLAN LUMANSOC

CIVIL CASE NO. 316 N

COMPLAINT
COME NOW PLAINTIFFS, through counsel, unto this Honorable Court, most respectfully aver; 1. That plaintiffs are both of legal age, Filipino and residents of 2302 Sunrise Boulevard, Building 1 203, Forth Pierce FL 34982 as herein represented by their son, Joel Antiola, of legal age, Filipino, married and a resident of Labuay, Maigo, Lanao del Norte as evidenced by the Special Power of Attorney hereto attached as Annex A and made an integral part hereof; 2. Defendants on the other hand are both of legal age, Filipinos and residents of Purok 3, Labuay, Maigo, Lanao del Norte where they could be served with summons and other judicial processes;

STATEMENT OF FACTS
3. Plaintiffs are the true and lawful registered owners and possessors of a parcel of land situated at Purok 3, Labuay, Maigo, Lanao del Norte, covered by Katibayan ng Orihinal na Titulo Blg. P-16,867 and more particularly described as follows, to wit: A parcel of land Lot no. F-103512-110, situated at Labuay, Maigo, Lanao del Norte, Island of Mindanao. Bounded on the SW., along line 1-2 lot claimed by Solomon Antigo, on the NW., along line 2-3 by lot of Hrs. of Pedro Antiola, on the NE., along line 3-4 by lot claimed by Crispulo Alvarico, on the SE., along line 4-1 by Lot no. H-500823 of Pedro Antiola. Containing an area of ONE THOUSAND ONE HUNDRED TWENTY NINE (1,129) square meters. Copy of Katibayan ng Orihinal na Titulo Blg. P-16,867 is hereto attached as

Annex B and made an integral part hereof;

4. That the assessed value of the above-described property is Five Thousand One Hundred Pesos [P5,100.00] while its market is Twelve Thousand Seven Hundred Forty Five [12,745] as evidenced by its Tax Declaration copy of which is hereto attached as Annex C and made an integral part hereof; 5. As the lawful owners, plaintiffs have been paying the realty taxes on the land as evidenced by the tax receipt hereto attached as Annex D and made an integral part hereof; 6. Sometime in 2009, defendants, without the knowledge and consent from the plaintiffs, unlawfully and surreptitiously entered into the property of the latter and built their houses thereon as evidenced by the pictures hereto attached as

Annex E [with submarkings] and made integral part hereof;

7. Plaintiffs demanded the defendants to leave and vacate from their property but the same fell into deaf ears. Thus, on 7 April 2009, plaintiffs sent defendants a notice to vacate copy of which is hereto attached as Annex F and made an integral part hereof; 8. Defendants however refused to leave from the property of the plaintiffs compelling the latter to lodge a complaint at the Office of the Barangay Captain of Labuay, Maigo, Lanao del Norte but no settlement has been reached by the parties as evidenced by the Certification to File Action copy of which is hereto attached as Annex G and made an integral part hereof; 9. Plaintiffs then filed a case against the defendants for Ejectment/ Unlawful Detainer docketed as Civil Case No. 311-N but the same was dismissed on technicalities; 10. Plaintiffs have been deprived by the defendants of the possession and enjoyment of their property , and as owners, it is but just and equitable that plaintiffs possession and enjoyment of the entire land covered by Katibayan ng Orihinal na Titulo Blg. P- 16,867 be not disturbed; 11. Because of the malicious and unlawful acts of the defendants in disturbing the possession and ownership by the plaintiffs of the property registered in the name

of the latter, plaintiffs suffered sleepless nights, serious anxieties, wounded feelings and similar injury, the sum of One Hundred Thousand Pesos [P100,000.00] may be sufficient as moral damages; 12. To teach defendants a lesson in disturbing the possession and ownership by the plaintiffs of their land and to the deter the commission of similar acts in the future, the sum of Fifty Thousand Pesos [P50,000.00] may be sufficient as exemplary damages; 13. In order to protect their rights and interests, plaintiffs have been compelled to engage the services of counsel for a fee of Fifty Thousand Pesos [P50,000.00] by way of Attorneys Fees plus Two Thousand Pesos [P2,000.00] per court appearance; 14. Plaintiffs are likewise expected to incur at least Ten Thousand Pesos [P10,000.00] as costs of litigation and filing fees.

RELIEF
WHEREFORE, premises considered, it is most respectfully prayed that judgment shall be rendered in favor of the plaintiffs as against the defendants and shall order the following: 1. Order the plaintiffs to be the lawful owners of the parcel of land covered by Katibayan ng Orihinal na Titulo Blg. P-16,867 at Labuay, Maigo, Lanao del Norte; 2. Order the defendants, their agents, successors, assigns, and all persons claiming under them to peacefully leave and vacate from the land covered by Katibayan ng Orihinal na Titulo Blg. P-16,867 and to surrender its possession and ownership in favour of the plaintiffs; 3. Order the defendants jointly and severally to pay plaintiffs the sum of P100,000.00 as moral damages ; 4. Order the defendants jointly and severally to pay plaintiffs the sum of P50,000.00 as exemplary damages; 5. Order the defendants jointly and severally to pay plaintiffs the sum of P70,000.00 as Attorneys Fees and litigation expenses;

6. Order the defendants to pay plaintiffs the reasonable rental of the land from the date of its unlawful occupation until they shall have vacated from the property; Such other relief and remedy as may be just and proper under the premises are likewise prayed for. Respectfully submitted this _______ of June 2010, Iligan City for Bacolod, Lanao del Norte, Philippines.