Republic of the Philippines
FOURTH JUDICIAL REGION
Municipal Trial Court in Cities
Branch 85
Calauag, Quezon
JULIUS A. LAMAN
Plaintiff,
Civil Case No. _____________
-versus- For: Forcible Entry and
Damages
MATEO SALVADOR
Defendant.
x---------------------x
COMPLAINT
PLAINTIFF, through the undersigned counsel, and unto this
Honorable Court most respectfully submits this Complaint for Forcible
Entry and in support hereof makes the following assertions:
1. That plaintiff JULIUS ALMOJUELA LAMAN, of legal age,
Filipino, single, and a resident of 1775 Barangay Santa Maria
Calauag, Quezon, where he may be served with court order
and other processes;
2. That defendant MATEO L. SALVADOR, of legal age, Filipino,
and a resident of Barangay Salvacion Calauag, Quezon,
where he may be served with summons, order and other court
processes;
3. That plaintiff is one of the legal heirs of JULIANA LAMAN, who
died on March 6, 2022, (JULIANA for brevity). Copy of the
Certificate of Death of JULIANA is hereto attached as Annex
“A” and made an integral part hereof;
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4. That the surviving heirs of JULIANA are JULIUS MATEO
LAMAN, her Husband, and his children with the latter namely
JULIUS A. LAMAN and MATEO A. LAMAN;
5. That the surviving heirs of JULIANA executed a Special Power
of Attorney, naming Julius A. Laman as their attorney-in-fact
for the filing of forcible entry of the land owned and possessed
by the heirs of JULIANA. Copy of the Special Power of
Attorney is hereto attached as Annex “B” and made an
integral part hereof;
6. That JULIANA became owner of a certain parcel of land,
through the contract of sale executed by the heirs of Roelito
Mansanas, namely Francisca Mansanas and Carmencita
Mansanas, who inherited a portion of the land covered by
Original Certificate of Title No. 12345, or an area equivalent to
more or less 2.7500 Has, more or less bounded on the North
by the share of Josefal, East by the share of Colombanos,
South by the share of Benjamino and Estrellalita;
7. That the plaintiff and the vendors executed a contract of sale
captioned as affidavit, in which the land owners Francisca
Mansanas and Carmencita Mansanas agreed to sell, transfer,
and convey absolutely their respective shares unto JULIANA
for the amount of Two Million Pesos (Php2,000,000.00) in
May 2005. Copy of the said document is hereto attached as
Annex “C” and made an integral part hereof;
8. That the vendors acquired the said land from the late JULIANA
after his estate was Extra-Judicially Settled naming Roelito
Mansanas as owner of a portion equivalent to 2.7500 Has,
more or less bounded on the North by the share of Josefal,
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East by the share of Colombanos, South by the share of
Benjamino and Estrellalita. Copy of the Extrajudicial
Settlement of Estate of Domingo is hereto attached as Annex
“D”;
9. That since 2006, JULIANA and his heirs, occupied and
cultivated the subject land in the concept of an owner. They
live peacefully and harmoniously on the said land, and they
planted fruit bearing trees, vegetables and etc.;
10. That the disputed property is part and parcel of the land
situated in Brgy. Bocohan, Lucena City, which is covered by
Original Certificate of Title No. 12345, Homestead Patent No.
456789 in the name of late Domingo;
11. That on 15 December 2021, the herein Defendant, through
strategy, force, intimidation and threat, with bolo, cut down the
vegetables, fruit bearing trees and trees in the lot owned and
cultivated by the heirs of JULIANA. After which the herein
Defendant occupied the parcel of land in question,
constructed a fence and refused to vacate the same despite
repeated oral demands;
12. That as a result of the defendant’s unlawful occupation of the
property, destruction and theft of the planted fruit bearing
trees and the logs, the plaintiff suffered damages. (Copy of the
Extract Blotter of Lucena Police Station on the report of
damage of property is hereto attached as Annex “E”.);
13. That the same acts of the Defendant compelled the Plaintiff to
incur damages consisting of attorney’s fees in the amount of
Sixty Nine Thousand Pesos (Php69,000.00); and
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14. The Plaintiff initiated a Settlement in the Office of the Lupong
Tagapamayapa and Barangay Captain of Barangay Bocohan,
Lucena City, however, such remain futile. (Copy of the
Certificate to File Action issued by the Office of the Barangay
Captain and Lupon Tagapamayapa is hereto attached as
Annex “F”.)
PRAYER
WHEREFORE, premises considered, it is respectfully prayed of
this Honorable Court that, after the proceedings, judgment be
rendered in favor of the Plaintiff and ordering the Defendant and all
persons claiming rights under him to:
(a) Permanently VACATE the premises in question and give the
immediate right of possession to the Plaintiff;
(b) Pay plaintiff the amount of Sixty Nine Thousand Pesos
(Php75,000.00) by way of attorney’s fees;
(c) Pay the cost of this suit; and
(d) Plaintiff prays for such other remedies and reliefs as may be
deemed just and equitable under the premises.
Respectfully submitted. 28 September 2023. Lucena City.
ATTY. MATEO JULIUS A. SALVADOR
Counsel for the Petitioner
84545 Santa Maria Calauag, Quezon
Contact No. (042) 7457254 - 22512
Roll of Attorneys No. 784134
PTR No. 1232467; Lucena City; 03 Jan. 2023
IBP No. 827865521; IBP Quezon; 18 Jan. 2023
TIN 100008-958-647
MCLE Exemption No. VII-Acad0780453853; Valid Until 14 April 2028
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VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING
I, JULIUS ALMOJUELA LAMAN, of legal age, single, Filipino
and a resident of Barangay Santa Maria Calauag, Quezon, under
oath declare that:
a. I have caused the preparation of the Complaint;
b. I have read it and its contents are true and correct of my own
personal knowledge and based on authentic records;
c. I have not earlier commenced a similar action against the
Defendant for the same cause with any other court tribunal
or quasi-judicial agency and to and to the best of my knowl-
edge, no such action or proceeding is pending before the
Supreme Court, the Court of Appeals or any other tribunal or
agency; And if there is any such action or proceeding which
is either pending or may have been terminated, I must state
the status thereof, and if I should thereafter learn that a simi-
lar action or proceedings has been filed or is pending before
the Supreme Court, the Court of Appeals or any other tri-
bunal or agency, I shall undertake to report that fact within
five (5) days therefrom to the Court or agency wherein the
original pleading and sworn certification contemplated
therein have been filed.
IN WITNESS WHEREOF, I have hereunto set my hands this
th
28 day of September 2023 in Lucena City.
JULIUS A. LAMAN
Affiant
PRC ID No. 18690
SUBSCRIBED and SWORN to before me this 28th day of
September 2023 in Lucena City. Further, affiant exhibited before me
his valid proof of identification.
ATTY. AIRHA KAE V. PORNELDA
Public Attorney
Pursuant to R.A. No. 9406
Doc. No. 05;
Page No. 2;
Book No. XCI;
Series of 2023
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