REPUBLIC OF THE PHILIPPINES

5TH JUDICIAL REGION

REGIONAL TRIL COURT
Branch ___, Ligao City
EDMUNDO RELATO NABOR,
Plaintiff,

- versus -

Civil Case No. _______

Recovery of Title and
Possession of Real Property

SPS. DEOGRACIAS RIBAY and BEATA

RENIVA-RIBAY, DENNIS R. RENTORIA
and all persons claiming rights under them,
Defendants,
x-------------- --------------x
C O M PLAI N T
PLAINTIFF, through counsel and to this Honorable Court,
respectfully avers:
1) Plaintiff is of legal age, single, Filipino and a resident of No.
125 Kasunduan Extension, Brgy. Commonwealth, Quezon City;
2) Defendants are all of legal, married, Filipino and residents of
Brgy. Mayao, Oas, Albay where they may be served summons and
other court processes;
3) Plaintiff is the absolute owner of a 10,148 square-meter
parcel of agricultural land situated in Busac, Oas, Albay, more
particularly described, as follows:

-2a parcel of unregistered agricultural (irrigated rice) land,

known and denominated as Lot No. 7932 (Pcs-46 Oas
Cadastre), situated at Busac, Oas, Albay, Philippines,
bounded on the N., by Lots 7094 / 7927; S., by Lots 7523
/ 7932; E., by Lot 7574 and W., by Lot 7094, containing
an area of TEN THOUSAND ONE HUNDRED FORTY
EIGHT (10,148) square meters more or less, declared to
the Decedent under (updated) TD/ARP No. 02-12-01000710 (2003) and assessed at Php 41,380.00
4) Plaintiff acquired title to the above described property
sometime in July 2013 when he purchased the same from the heirs of
Mauricio G. Casimiro, Jr., the declared owner of the said property, by
paying the full amount of its purchase price of P200,000.00 to the
sellers, who in turn delivered to plaintiff possession of the subject
property and the Tax Declaration thereof;
5) The latest assessed value of the subject property as indicated
in its Tax Declaration is P41,380.00; a photocopy of the Declaration
of Real Property with Tax Declaration No. 02-12-010 and Property
Index No. 031-1201009023 is hereto attached as Annex A;
6) While the sale of the subject property by the heirs of
Mauricio G. Casimiro, Jr. to the plaintiff was consummated on July
2013, the deed evidencing the sale (Annex A) was executed only on
August 2, 2014 for the reason stated in the succeeding paragraph; a
photocopy of the Deed of Extrajudicial Settlement of Estate with
Absolute Sale dated August 2, 2014 is hereto attached as Annex B;
7) The invalidation of the special power of attorney executed by
Mauricio G. Casimiro, Jr. appointing Salvacion Casimiro-Romano as
his attorney-in-fact with the power to sell the subject property

-3caused by or as a legal consequence of the subsequent death Mauricio

G. Casimiro, Jr., prevented the signing of the written contract of sale
immediately after the consummation thereof in July, 2013; following
Mr. Casimiros death, his two heirs, both residents of Cebu City, had
to execute a new special power of attorney in favor of Salvacion
Casimiro-Romano;
8) Sometime in June, 2013, shortly before he made the full
payment of the purchase price to the heirs of Mauricio G. Casimiro,
Jr., plaintiff caused a survey to be conducted on the subject property
by Geodetic Engineer Gilbert P. Palacol so he could be informed of
the exact boundaries of the property he was about to buy;
9) The results of the survey revealed that defendants Deogracias
Ribay, his wife Beata Reniva-Ribay and Dennis R. Rentoria were
illegally occupying and cultivating more than half of plaintiffs
property; defendants must have surreptitiously entered and occupied
the subject property during the lifetime of the then owner, Mauricio G.
Casimiro, Jr., without his knowledge or consent otherwise his heirs
would have known of the defendants occupancy;
10) After paying the heirs of Mauricio G. Casimiro, Jr. the full
purchase price for the subject property in the amount of P200,000.00
sometime in July, 2013, plaintiff made numerous demands upon
defendants to vacate the subject property and surrender possession
thereof to plaintiff; defendants were not only adamant in their refusal
to vacate the property, they even claimed ownership of the same;

-411) Having failed in his many attempts to prevail upon

defendants to vacate his property, plaintiff, despite his being Manilabased, still referred the dispute over his property to the proper
Barangay officials for conciliation; in several meetings before
Barangay officials where plaintiff was represented by his parents,
defendants Deogracias Ribay and Beata Ribay were represented by
their son and defendant Dennis R. Rentoria appeared personally,
defendants persisted in their refusal to vacate the subject property;
12) Faced with defendants recalcitrance in maintaining their
illegal occupancy of his property despite his earnest efforts at an
amicable settlement of the dispute, plaintiff was constrained to seek
redress from the courts and retain the services of counsel for which he
incurred expenses in the amount of P35,000.00 as attorneys fees and
a lump sum fee of P25,000.00 for court appearances;
13) Defendants capricious and utterly baseless refusal to vacate
the subject property despite repeated demands caused plaintiff to
suffer serious anxiety, despondency, impaired sleep, lack of appetite
and a general feeling of distress for which defendants should be made
to pay plaintiff the sum of P20,000.00 as moral damages;
14) To deter others from emulating defendants brazen and
callous manner in violating plaintiffs rights to his property,
specifically in depriving him and his family of its use, defendants
should be made to pay plaintiff the sum of P10,000.00 as exemplary
damages;
P R AY E R

-5WHEREFORE, it is respectfully prayed that judgment be

rendered declaring plaintiff as the absolute owner of Lot 7932 covered
by Declaration of Real Property with Tax Declaration No. 02-12-010
and Property Index No. 031-1201009023 and ordering defendants:
1) To vacate the subject property and surrender possession
thereof to plaintiff;
2) To pay plaintiff the sum of P60,000.00 as attorneys fees;
3) To pay plaintiffs the sum of P20,000.00 as moral damages;
4) To pay plaintiff the sum of P10,000.00 as exemplary
damages; and
5) To pay the cost of suit.
Other reliefs just and equitable under the premises are likewise
prayed for.
Polangui, Albay, September 17, 2014

JESUS A. OBRA
Counsel for Plaintiff
446 Jupiter Street, Centro Occidental
Polangui, Albay
PTR No. 10621457J /1-6-14/L.P.
Roll of Attorneys No. 32568
IBP No. 943317/11-25-13/ Pasig City (2014)
MCLE Exemption No. IV-000295
September 28, 2012/ Pasig City

-6VERIFICATION AND CERTIFICATION

I, EDMUNDO RELATO NABOR, of legal age, Filipino and a
resident of 125 Kasunduan Extension, Brgy. Commonwealth, Quezon
City, aver under oath that:
1) I am the plaintiff in the above entitled case; I caused the
preparation of the foregoing Complaint; and all material allegations
therein are true and correct of my own personal knowledge or are
based on authentic records;
2) 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;
3) Should I hereafter 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.

EDMUNDO RELATO NABOR

SUBSCRIBED AND SWORN to before me this ____ day of
September, 2014, in Polangui, Albay, affiant Edmundo Relato Nabor,
whose identity is known to me he being my client, personally
appeared and signed in my presence the foregoing Complaint and
swore that he understood the contents thereof and that the same was
his free and voluntary act and deed.