Republic of the Philippines Third Judicial Region MUNICIPAL TRIAL COURT IN CITIES City of San Jose del Monte Province of Bulacan Branch ___ SPS. GERRY LAMINOZA & EDITHA LAMINOZA Plaintiffs, Civil Case No. _________________ For: Recovery of Possession -versusMICHAEL ANDRES AND MARCELINA ANDRES and all persons claiming rights Under their name, Defendants. x---------------------------------------------------x COMPLAINT Plaintiffs through the undersigned counsel and unto this Honorable Court respectfully states that: 1. Plaintiff Spouses GERRY and EDITH LAMINOZA are residents of Blk 20 Lot 11, Brgy. San Rafael 1, Area-H, City of San Jose del Monte, Bulacan, where they may be served with court order and other processes; 2. Defendants MICHAEL ANDRES, MARCELINA ANDRES, and all persons claiming rights under them, are residents of Blk 20 Lot 12, Brgy. San Rafael 1, City of San Jose del Monte, Bulacan where he may be serve with summons, order and other court processes; 3. Plaintiff became owners of a certain parcel of land, through a Deed of Sale from the original owner, Mariano Soriano Laminoza. 4. The parcel of land is situated in Blk 20 Lot 12, Brgy. San Rafael 1, City of San Jose del Monte, covered by TCT No. T-414462 (M). Attached is the photocopy of the Title as Annex “A” and made an integral part hereof. 5. Herein Defendants requested Mr. MARIANO LAMINOZA to allow them to stay in the subject property because at that time, defendants have no place to live in and considering that Mr. Mariano Laminoza and herein defendants are siblings, the former allowed the latter to stay and occupied the parcel of land in question.
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6. Mr. Mariano Laminoza sold the property to herein plaintiff spouses GERRY and EDITHA LAMINOZA on August 8, 2013. Attached is the photocopy of Deed of Sale executed between Mr. Mariano Laminoza and plaintiff spouses as Annex “B” and made an integral part hereof. 7. On January 2014 herein plaintiff spouses already wanted to use the property they bought from Mr. Mariano Laminoza, so the plaintiff demanded the defendants to vacate the property subject of this case. But defendants adamantly refused to do so and even further told the plaintiff spouses that herein defendants will never vacate the property subject of this case. 8. Due to the evident manifestation of the defendants to vacate and surrender the possession of the property to the plaintiffs, the latter brought the matter before the Barangay for possible conciliation and settlement. Lamentably, no settlement happened and as a consequence thereof, Barangay San Rafael I have issued a “Katunayan Upang Makadulog sa Mataa na Tanggapan” in favor of herein plaintiffs, a copy of which is hereto attached as Annex “C” and made an integral part hereof. 9. To give the defendants another chance to peacefully surrender the possession and vacate the property, the plaintiffs delivered personally a Demand letter on May 23, 2014. But again, defendants did not heed the demand. As proof, attached hereto is the Demand Letter as Annex “D” and the Joint Affidavit of Service as Annex “E”. 10. The same acts of the Defendant compelled the Plaintiff to incur litigation expenses consisting of attorneys fees in the amount of TWENTY THOUSAND (Php 20,000.00), twenty thousand pesos FOR MORAL DAMAGES, and exemplary damages of TWENTY THOUSAND PESOS (Php 20,000.00). 7. That, for this reason, I am now formally charging BERNADETTE NIELO and JESUS ALIMAGNO of B. NIELO ENTERPRISES located at 90 Limcaoco Subdivision, Brgy.Tres (POB.) Cabuyao, Laguna (Calabarzon), the offense of ESTAFA defined and penalized under Art. 315 of the Revised Penal Code and for Violation of Batas Pambansa Blg. 22; 8. That, I am executing this Affidavit to establish the truth of the foregoing. IN WITNESS WHEREOF, I have hereunto affixed my signature on this ____ day of August 2014, City of San Jose del Monte, Bulaan, Philippines.
HUI KIM HO KOBECO INDUSTRIES CO. INC. Affiant
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SUBSCRIBED AND SWORN to before me on this ___ day of August 2014 in City of San Jose del Monte, Bulacan, Philippines. ASSISTANT CITY PROSECUTOR CERTIFICATION This is to Certify that I have personally examined the above-named affiant and was convinced of the truthfulness of her allegations hereof. ASSISTANT CITY PROSECUTOR
