Republic of the Philippines
Second Judicial Region
MUNICIPAL TRIAL COURT IN CITIES
Cauayan City, Isabela
Mary Jean M. Castillejo,
Plaintiff,
-versus- Special Civil Action No. _______
for
FORCIBLE ENTRY
SPS. JUAN and
MARIA DELA CRUZ
Defendants.
x---------------------------------x
COMPLAINT
Plaintiff, through the undersigned counsel, unto this
Honorable Court, most respectfully alleges:
PARTIES
1. Plaintiff Mary Jean M. Castillejo is of legal age,
Filipino, single, and with residence and postal address
at Ipil Street, District 1, Cauayan City, Isabela where
she may be served with notices and other court
processes.
2. Defendants Spouses Juan and Maria Dela Cruz
are both of legal age, Filipinos, married to each other,
and residents of San Fermin, Cauayan City, Isabela
where they may be served with summons and other
processes of the Honorable Court.
CAUSE OF ACTION
3. The subject parcel of land is a 300-square meter lot
located at San Fermin, Cauayan City, Isabela, as
evidenced by Transfer Certificate of Title (TCT) No.
T-3147480, a copy of which is attached Annex “A”.
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4. The subject land is a vacant lot property in the said
location and the plaintiff has not been using it for many
years.
5. Sometime in January 2010, upon seeing that the
plaintiff has not been using the lot for a number of
years already, the defendants without asking
permission from the plaintiff occupied the said property
and built a concrete house therein.
6. On September 2010, the plaintiff without being
informed of their occupancy in the said property have
politely asked the defendants to vacate her property.
7. As her oral demand fell on deaf ears, MJC asked her
lawyer to send a demand letter to the defendants,
reminding them of their MOA and asking them to
vacate the lot and peacefully surrender its possession
thereof to the plaintiff, within 15 days from receipt of
the letter. A copy of the demand letter personally
served upon the defendants is attached as Annex
“A”.
8. The defendants received the plaintiff’s demand letter
on October 10, 2010; however, despite their receipt,
the defendants still refused to vacate the premises.
9. Barangay conciliation was not able to obtain a
compromised agreement nor an amicable settlement
prompting the Barangay to issue a certification to file
action against the defendants. Annex “B”.
10. The defendants then showed the lost of intention
to reconvey the possession to the plaintiff.
11. The plaintiff, hoping to settle the matter amicably,
also filed a complaint against the defendants before
the Office of the Lupong Tagapamayapa, San Fermin,
Cauayan City, Isabela. Unfortunately, no amicable
settlement was reached prompting said office to issue
to the plaintiff a Certification to File Action (a copy
of which is attached as Annex “C”).
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DAMAGES
12. Plaintiff was deprived of the beneficial use of the
subject land; thus, defendants’ possession and
occupation thereof should be charged with
reasonable rental fees in the amount of Five
Thousand Pesos (P5,000.00) per month from
January 26, 2010 [considering that they were given
fifteen (15) days from receipt of the Demand Letter to
vacate the subject lot) until possession thereof is
restored to the plaintiff.
13. By reason of the unjustified refusal of defendants
to vacate the subject property, plaintiff suffered
sleepless nights, mental anguish, and serious anxiety
which would entitle her to recover moral damages in
the sum of not less than P30,000.00.
14. To set an example to the public, the defendants
should also be made to pay to the plaintiff the amount
of P20,000.00 as exemplary damages.
15. On account of the defendants’ unjustified refusal
to vacate the subject property, plaintiff was forced to
file this action which required the services of the
undersigned counsel for an agreed acceptance fee of
P30,000.00 and appearance fee of P3,000.00 per
hearing.
NAMES of WITNESSES to be presented to prove the
plaintiff’s claims as stated in her complaint
16. The plaintiff intends to present two (2) witnesses,
viz:
a. Plaintiff Mary Jean M. Castillejo – to prove the
material allegations in the complaint: that plaintiff MJC
is the lawful and registered owner of the subject lot;
that the subject lot was possessed by the defendants
by stealth; that defendants and plaintiff are acquainted
with each other, and that the plaintiffs did not asked
any permission from the plaintiff, and that they don’t
have any legal right to the said property.
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b. Sofie Castillo – as a witness to the building of a house
by the defendants in the said property by the plaintiff.
c. DOCUMENTARY and OBJECT EVIDENCE to be
presented in support of the allegations contained
in the complaint
16.) The plaintiff will also present the following
documents:
a. Transfer Certificate of Title No. T-3147480 –
Annex “A”
b. Plaintiff’s Demand Letter to the defendants – Annex
“B”
c. Certification to File Action issued by the Office of
the Lupong Tagapamayapa, San Fermin, Cauayan City,
Isabela – Annex “D”
d. Judicial Affidavit of plaintiff MJC – Annex “E”
e. Judicial Affidavit of Sofie Castillo – Annex “F”
PRAYER
WHEREFORE, plaintiff respectfully prays that the
Honorable Court render judgment as follows:
1. Ordering the defendants, their privies and
representatives, to vacate the subject land
embraced in and covered by Transfer Certificate
of Title No. T-3147480 and peacefully
surrender possession thereof to the plaintiff or
her authorized representative/s;
2. Ordering the defendants to pay the sum of
P5,000.00 per month as reasonable compensation
for the use of the subject lot from January 2010 until
they finally vacate the said lot;
3. Ordering the defendants to pay the sum of
P30,000.00 as moral damages and P20,000.00
as exemplary damages;
4. Ordering the defendants to pay the sum of
P30,000.00 as attorney’s fees and P3,00.00 per
court appearance of counsel, plus the costs of the
suit.
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Other reliefs just and equitable in the premises are
likewise prayed for.
Cauayan City, Isabela; September 4, 2024.
MARY JOYCE B. GARCIA
Counsel for the Plaintiff
_________________
Roll No. 1234567
IBP O.R. No. 234524 (Lifetime Member)
PTR No. 3463824/01-03-24/Cauayan
City, Isa.
MCLE Comp. No. VI/03-28-24
(Valid until May 15, 2025)
VERIFICATION AND CERTIFICATION
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I, Mary Jean M. Castillejo, legal age, Filipino, single, and
with residence and postal address at Ipil Street, District 1,
Cauayan City, Isabela, after having been duly sworn to in
accordance with law, hereby depose and say THAT:
1. I am the plaintiff in the above-entitled case;
2. I have caused the preparation of this complaint;
3. I have read and known the contents of this pleading
and (a) the allegations contained here are true and
correct based on my personal knowledge or based on
authentic records; (b) the pleading is not filed to
harass, cause unnecessary delay, or needlessly
increase the cost of litigation; and (c) the factual
allegations herein have evidentiary support after a
reasonable opportunity for discovery;
4. I have not commenced any other action or proceeding
involving the same issues in the Supreme Court, the
Court of Appeals or any other tribunal or agency, and to
the best of my knowledge, no such other action or
proceeding is pending therein. If I should thereafter
learn that a similar action or proceeding has been filed
or is pending, I undertake to report to this Honorable
Court said fact within five (5) days from the acquisition
of such knowledge.
IN WITNESS WHEREOF, I have hereunto set my hand this
th
4 day of September 2024 in Cauayan City, Isabela.
Mary Jean M.
Castillejo
Driver’s Lic. No. B02-14-001869
SUBSCRIBED AND SWORN to before me this 4 th day of
September 2024 in Cauayan City, Isabela. Affiant exhibited
to me her valid ID with picture and signature to prove her
identity in conformity with the Notarial Law.
Doc. No. 23 (sgd.) Atty. XYZ
Page No. 2 Notary Public
Book No. III
Series of 2024
