Republic of the Philippines

MUNICIPAL TRIAL COURT IN THE CITIES

Branch 3
Zamboanga City
JACKY M. MADRIGAL
Plaintiff,

CIVIL CASE No.: ____

-versus-

-for-

JOAQUIN Q. MENDEZ,
UNLAWFUL DETAINER
Defendant.
x--------------------------------------x
COMPLAINT
COMES NOW the plaintiff represented by the undersigned
counsel to this most Honorable Court, most respectfully alleges:
1. That Plaintiff Jacky M. Madrigal is of legal age, Filipino,
married to Rolando Madrigal and a resident of Blk. 08, Lot 24,
Blue Homes Subdivision, Sinunoc, Zamboanga City. She may
be served with notices and other legal processes of this
Honorable Court at the undersigned counsels address
hereunder indicated;
2. That Defendant Joaquin Q. Mendez is likewise of legal age,
Filipino, single, and a resident of Blk. 15, Lot 08, Uys Drive,
Lumiyap, Divisoria, Zamboanga City, where he may be served
with court summons and other processes;
3. That plaintiff and defendant are two of the seven children of
Macario and Felicidad Mendez, herein referred to as the
parents;
4. That the parents used to be the registered owners of a certain
parcel of land, herein referred to as the subject property, which
is described as follows:

TCT-NO. T-143-2012092408
A parcel of land (Lot 8-D-2-C) of the subdivision plan,
PSD-08-092412, being a portion of lot 8-D-2, PSD-082424800-0202241, situated at Uys Drive, Lumiyap,
Divisoria, Zamboanga City, Island of Mindanao,
containing an area of Five Thousand Eight Hundred
Twenty-Four (5,824) square meters.
5. That on September 18, 2006, her parents executed a Deed of
Absolute Sale conveying the subject property to herein plaintiff.
By virtue of the deed, a new transfer certificate of title TCT No.
T- 143- 2006092428393 was issued in favor of the plaintiff.
Furthermore, a new tax declaration in her name (plaintiff) was
also obtained from the City Assessors Office.
The Deed of Absolute Sale, a copy of the certified true copy of
the title, the tax declaration, as well as the judicial affidavit of
herein plaintiff, are attached herewith and marked as Annexes
A, B, C, and D respectively;
6. That after the death of their parents, plaintiffs other siblings
namely Juan, Jay, and herein defendant Joaquin continued to
occupy and enjoy the property with the mere tolerance of the
plaintiff since she (plaintiff) decided to live with her husband at
Sinunoc, Zamboanga City;
7. That on March 11, 2016, when plaintiff orally asked Juan and
Jay together with the defendant to vacate the property, only
Juan and Jay heeded her demand. Defendant, on the other
hand, contumaciously refused to peacefully return and
surrender the subject property, likewise he continued to stay
and occupy the same, notwithstanding the fact that his
(defendant) occupation of the same was by mere tolerance of
the plaintiff, without any contract entered between them;
8. That on March 30, 2016, a demand letter to vacate the property
was sent to the defendant, which was again not regarded nor
given any attention by the defendant.
A copy of the demand letter is attached herewith and marked as
Annex E;

9. That on April 15, 2016, herein plaintiff sought the help of Mr.
Mike Dela Vega, one of the respected elders in the community,
to act as mediator and help the parties to arrive at an out of
court settlement, however such effort proved futile.
The affidavit of Mr. Mike Dela Vega is hereby attached and
marked as Annex F;
10.

That due to the failed settlement within the community, herein

plaintiff brought the matter to the Katarungang Pambarangay.
Regrettably, despite the earnest efforts exerted by the plaintiff,
no settlement was reached between the parties. Thus, a
certification to file action was issued.
Attached herewith is the Certification to file the action marked
as Annex G;

11.

Undoubtedly, plaintiffs humanitarian and generous innate

attributes had been beyond cavil as she had given herein
defendant more than enough time to occupy and enjoy her
property. While it is true that she (plaintiff) feels sympathy for
the defendant being her brother, she cannot be swayed by her
emotions since one of her sons wishes to build a house and lot
on the subject property as a gift to his bride. Despite all of these
circumstances, plaintiff in a final demand letter to vacate the
property dated August 24, 2016, still gave an option to
defendant to buy the said property or to vacate the premises
before August 30, 2016; however, it was again ignored by
defendant.
Said letter is hereby attached and marked as Annex H;

12.

That despite the tolerance and consideration given to the

defendant, the latter still chose to ignore the lawful right of the
plaintiff as registered owner by continuously occupying the
same to her prejudice;

13.

That the said occupation of defendant as well as his blatant

refusal to vacate the property shows evident and clear bad faith
and was in utter open defiance and disregard of plaintiffs legal
rights and interest;

14.

That in order to protect plaintiffs right resulting from the

defendants unlawful and unjustified refusal to vacate the

property and reconvey possession thereof to herein plaintiff, the

latter was constrained to file this action incurring the amount of
Fifty thousand pesos (P50,000.00) to compensate the counsel
representing her, aside from the cost of suit.
PRAYER
WHEREFORE, premises considered, plaintiff respectfully prays
that judgment be rendered in favor of the plaintiff and ordering
defendant to:
1. Immediately and permanently vacate the subject property and
restore possession to the plaintiff;
2. Pay plaintiff attorneys fees in the amount of Fifty thousand
pesos (P50,000.00);
3. Pay the cost of this suit.
Other reliefs and remedies just and equitable under the
circumstances are also prayed for.
RESPECTFULLY SUBMITTED this 16th of September 2016 at
Zamboanga City, Philippines.
ATTY. RHEA DOLL B. GONZALO
Counsel for the Plaintiff
Gonzalo Law Office
nd
No. 4, 2 Floor, Blanco Building, NS Valderrosa St.,
Zamboanga City
IBP No. 824567 09/18/2017
Roll No. 65788 06-16-2017
PTR No. 0992567 09/18/2017
Zamboanga City
Initial MCLE Compliance as per Bar Matter 850 5-6-14
Email: attyrheadollgonzalo@yahoo.com
0916-143-9360

Republic of the Philippines.)

Zamboanga City..) S.S
x--------------------------------------x

VERIFICATION AND CERTIFICATION AGAINST FORUM

SHOPPING

I, JACKY M. MADRIGAL, of legal age, married, and a resident

of Blk. 08, Lot 24, Blue Homes Subdivision, Sinunoc, Zamboanga
City, after having duly sworn to in accordance with the law, hereby
depose and say:
1. That I am the plaintiff in the above entitled complaint;
2. That I have caused the preparation of the said complaint and have
read and understood the allegations therein contained and that the
same are true and correct based on my personal knowledge and on
authentic records;
4. That I have not therefore commenced any action or filed any claim
involving the same issue 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 or claim has been filed or is pending, I shall report
the fact within five days therefrom to the court where the aforesaid
complaint or pleading has been filed.
In witness whereof, I hereunto set my hand this 10 th of
September 2016 at Zamboanga City, Philippines.

JACKY M. MADRIGAL
Affiant
SUBSCRIBED AND SWORN to before me, a notary public, this
10th of September 2016 at Zamboanga City, Philippines.
WITNESS MY HAND AND SEAL.
Atty. Rhea Doll B. Gonzalo
NOTARY
PUBLIC
Doc No. ____
Page No.____
Book No.____
Series of ____