Office of the Prosecutor
Republic of the Philippines
Sixth Judicial Region
REGIONAL TRIAL COURT
Municipality of Cauayan, Negros Occidental
PEOPLE OF THE PHILIPPINES,
JOAN ENARSAO,
ComplainantPlaintiffs,
-versus-
JOSE C. SUAREZ, Criminal Case No.
Defendant. ____________
For: Estafa thru Falsification of
Public Documents
x--------------------------x
C O M P L A I N T-AFFIDAVIT
The undersigned complainant most respectfully alleges that:
PLAINTIFF, by the undersigned counsel and to this Honorable Court,
most respectfully state that:
01. I, Joan EnarsaoPlaintiff is of legal age, Filipinos, married, and
a resident of Brgy. Bocana, Municipality of Cauayans. of Manila,
Philippines. They are represented in this instance by their Attorney-in-fact,
John Earl N. Castillo, of legal age, widower, Filipino, and a resident of
Pasay City, Metro Manila, Philippines. A copy of the Special Power of
Attorney is hereto attached as Annex “A”. For purposes of this action,
IPlaintiffs may be served with copies of notices and orders of the Honorable
Court at the office address of the undersigned counsel indicated below;
02. Defendants isare also of legal age, married, Filipinos, and for
purposes of this action, they may be served with summons and other
processes of this Honorable Court at histheir respective residences at
Barangay BocanaGuiljungan, Cauayan, Negros Occidental, Philippines;
03. I am the duly elected Barangay Captain of Bocana,
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Municipality of Cauayan. On January 25, 2018, I, with the concurrence of
the majority of the Members of the Sangguniang Barangay of Bocana
dismissed our Brgy. Treasurer, Jose C. Suarez for loss of trust and
confidence. A copy of the Barangay Resolution is hereto attached as Annex
“A”.
04. Despite taking action in my official capacity as Punong Barangay,
I chose not to disclose the circumstances of his dismissal among our social
circle for I took into account how this might affect his family.
05. Notwithstanding my concern for him and his family’s well-being,
sometime in __________, Suarez was in the middle of a conversation with
_________________. Engrossed with his animated tale, he did not notice
that I was within earshot. Suarez declared, “Andam lang guid ni si Kap kay
akon guid ni guba-on iya pagkataho para mapirde sa election.” I chose to
ignore this for I am confident that I have a clear conscience.
06. However, in spite of the patience I extended to him, he continued
to spread gossip and false accusations against me. He peddled stories saying
that I am a corrupt public servant and even detailed that I failed to liquidate
P600,000.00 of public funds. He twisted the truth to say that he was not
dismissed from service but rather resigned through his own volition. These
false and unfair statements were maliciously and publicly made known by
him and spread not only within our Barangay but even reached our
neighboring barangays such as Brgy. Dancalan and even as far as Brgy.
Tabu. Such rumors have reached my relatives and peers and have confronted
me and asked the truth of the matter of these accusations. This malicious
imputation has caused me great dishonor.
Plaintiffs are the true and registered owners of a certain parcel of land
situated at Barangay Guiljungan, Cauayan, Negros Occidental, Philippines,
consisting of approximately One Thousand Nine Hundred and Thirty Three
(1,933) square meters, and identified as Lot No. 471 and covered by Transfer
Certificate of Title No. T-231488 of the Registry of Deeds of Negros
Occidental. A copy of said Transfer Certificate of Title No. T-231488 is
attached hereto as Annex "B";
04. That in various dates beginning in the late 1960s, Plaintiffs
and/or their predecessor allowed the entry of different people, including
herein Defendants and/or their predecessors, to the said property. Said entry
was not by virtue of any title or contract, but merely upon the benevolence,
tolerance and express permission (as opposed to mere silence or inaction) of
the Plaintiffs, as they had no immediate need of the said property at that
time;
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05. That Plaintiffs and/or their predecessor allowed Defendants
and/or their predecessors to construct temporary houses on the subject
property, with the condition that the latter would vacate the land whenever
asked for or upon demand by the former.
06. That sometime in 2002, Plaintiffs began to collect minimal
rentals from the Defendants for the use of the property;
07. That in different times between 2003 and 2005, Defendants
ceased from paying the rentals despite repeated demands by the Plaintiffs to
do so;
08. That barangay conciliation proceedings proved unsuccessful.
The certification to file action is hereto attached as Annex “C”;
09. That on 08 May 2012, Plaintiffs sent by registered mail a final
formal demand dated 07 May 2012 for Defendants to vacate and return the
possession of the said parcel of land to the herein Plaintiffs; but despite due
notice, Defendants—except for defendant spouses Jerry & Yolanda
Magbanua—refused to receive/claim the demand letters. Copies of the
demand letters and the certification from the postmaster are attached hereto
as Annex “D” and Annex “E”, respectively;
10. That despite numerous demands for them and their respective
families to vacate, Defendants have remained in illegal possession of the
said land and, up to the present, still retain such possession;
11. That Defendants’ possession of the property by tolerance was
initially lawful, however, such possession became illegal when demand to
vacate was made by the Plaintiffs and the herein Defendants who are
possessors by mere tolerance refused to comply with such demand;
11. That the reasonable rental value of the said land is One
Thousand Pesos (P1,000.00) per month;
12. That due to the unjust refusal of the Defendants to vacate and to
return the said land to the Plaintiffs, the latter were constrained to refer the
matter to the undersigned counsel for the filing of an appropriate action in
court for a fee of P50,000.00 and the amount of P3,000.00 per court hearing;
13. That this action is being filed within a period of one (1) year
from the final formal demand on Defendants to vacate the said property.
P RAY E R
WHEREFORE, it is most respectfully prayed that, after due hearing,
judgment be rendered in favor of the Plaintiffs—
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a) Ordering the Defendants, their families, successors, assigns and
all persons acting under them, to vacate the property subject matter of this
case, and to peacefully turn over the possession thereof to the Plaintiffs;
b) Ordering Defendants to pay Plaintiff their respective monthly
rental at the rate of P1,000.00 per month from the time of the filing of this
action to the time possession is returned to the Plaintiff;
c) Ordering Defendants to pay Attorney's Fees in the amount of
P50,000.00 and P3,000.00 per court hearing and to pay cost of suit;
Other reliefs just and equitable under the premises are likewise prayed
for.
RESPECTFULLY SUBMITTED.
JOAN ENARSAO
Complainant
Assisted by:
City of Bacolod for the Municipality of Cauayan, 30 April 2013.
VALENCIA CIOCON DABAO VALENCIA DIONELA
PANDAN RUBICA & RODRIGUEZ LAW OFFICES
Counsel for the Plaintiffs
rd
3 Floor, Philippine National Bank Building
Lacson Street 6100 Bacolod City, Philippines
Telefax: (034) 433-3444
By:
MAC LORD O. ZAFRA
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Roll of Attorneys No. 60153
IBP No. 889644 [10.12.12] Negros Occidental
PTR No. 1834870 [01.02.13] Kabankalan City
MCLE Compliance No. IV-0009206 [10.25.12FORTUNE MAE
CORDOVA]
Roll of Attorneys No. 59928
IBP Lifetime No. 013508, January 8, 2015, Cebu City
PTR No. 7423243, March 2, 2018, Bacolod City
MCLE Exemption No. V-001806, April 4, 2016
JUL DAVI R. PANDAN-SAEZ
Roll of Attorneys No. 59882
IBP No. 906216 [01.29.13] Negros Occidental
PTR No. 5135644- [02.20.13] Bacolod City
MCLE Exempt – New Lawyer [Admitted March 2012]
