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Recovery of Possession

Katol Properties Inc. is suing Cardo Bee to recover possession of 278 square meters of land that Bee is illegally occupying. The property in question is owned by Katol Properties based on the title and tax declarations provided. Katol Properties seeks to remove Bee from the property, collect unpaid rental fees, and be reimbursed for legal fees incurred in filing this case.

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Paulo Villarin
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1K views5 pages

Recovery of Possession

Katol Properties Inc. is suing Cardo Bee to recover possession of 278 square meters of land that Bee is illegally occupying. The property in question is owned by Katol Properties based on the title and tax declarations provided. Katol Properties seeks to remove Bee from the property, collect unpaid rental fees, and be reimbursed for legal fees incurred in filing this case.

Uploaded by

Paulo Villarin
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

REGIONAL TRIAL COURT


11th Judicial Region
Branch 44, Davao City

KATOL PROPERTIES INC., CIVIL CASE NO. 454545


Plaintiff, FOR: RECOVERY OF
POSSESSION AND
-versus-
QUIETING OF TITLE
CARDO BEE,
Defendant,
x- - - - - - - - - - - - - - - - - /

COMPLAINT

COMES NOW, Plaintiff assisted by counsel, and unto this Honorable


Court, most respectfully avers:

THE PARTIES

1. That Plaintiff is a corporation organized and existing under the Philippine


Laws with principal office located at Door 5 IPC Building, Bajada, Davao
City; That it is represented in this act by Mr. Dragon Katol, of legal age,
Filipino, married and a resident of 454, Katol St., Matina, Davao City; That
hereto attached as Annex “A” is the Secretary’s Certificate on the matter; That
the Plaintiff may be served with Order and other court’s processes through the
undersigned counsel;

2. That Defendant is of legal age, Filipino, and at present illegally occupying


and residing inside the titled property of the Plaintiff located at 555 Jerome
st., R. Castillo Avenue, Davao City, where he may be served with summons
and other processes of this Honorable Court;

3. That Plaintiff and defendant have capacity to sue or be sued;

MATERIAL FACTS

4. That Plaintiff is the registered owner of a parcel of land covered by Transfer


Certificate of Title No. T-5555 covering an area of 350 sq. meters more or
less, a copy of which is hereby attached as Annex “B”;

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5. That this property which is located at 555 Jerome st., R. Castillo Avenue,
Davao City has been declared for taxation purposes as evidenced by its tax
declaration hereto attached as Annex “C”;

6. That as stated in the tax declaration, this property consisting a total area of
350 sq. meters has a total assessed value of P10,429,760.00, or P40.00 per sq.
meter;

7. That the Plaintiff directed its authorized representative here in Davao City
to determine who are the actual occupants of these subject properties; That
after an investigation pertaining thereto, the Plaintiff thru its authorized
representative discovered that herein defendant is the actual occupant of a
portion within the subject property occupying the total area of 350 sq. meters,
more or less;

8. That the Plaintiff caused the preparation and issuance of the Final Demand
Letter to Vacate the subject property on June 18, 2018, a copy of which is
hereto attached as Annex “D”; That the representative of the Plaintiff went to
the area to personally serve the Final Demand Letter to Vacate but the
defendant refused to receive the same after knowing that it came from the
Lawyer of the Plaintiff; That because of the refusal of the defendant, the
representative of the Plaintiff merely left a copy of the said letter in front of
the house of the defendant;

9. That to make sure that the defendant would really receive such Final
Demand Letter to Vacate, the representative of the Plaintiff served the same
to him through Registered Mail on June 24, 2018, as evidenced by the
Summary of the Letters duly received by the Post Office of Davao City, copy
of which is hereto attached as Annex “E”;

10. That despite the issuance of such Final Demand Letter to Vacate, the
defendant refused to vacate the subject property and because of which the
Plaintiff has no other recourse but to file this instant case;

ALLEGATIONS AS TO THE RECOVERY OF POSSESSION

11. That the Plaintiff is the titled owner of the subject property and its titles
are valid and still intact under its name; That being so, herein Plaintiff is
entitled to the possession of the said properties;

12. That the defendant has no authority to possess and to occupy portion of
such property as he is merely a squatter of the same, with due respect

13. That herein defendant is occupying a portion of said property consisting


an area of 278 sq. meters, more or less, only; That thus, the subject matter of
this case is only the recovery of the possession of the said 278 sq. meters from

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the defendant; That hereto attached as Annex “F” is the Sketch Map prepared
by the Geodetic Engineer of the Plaintiff pertaining to the location of the area
being occupied of the defendant within the property;

14. That for the purpose of determining the jurisdiction of the court, the total
assessed value of the entire property covered by Transfer Certificate of Title
No. T-5555 with an area of 350 sq. meters is P10,429,760.00, or P40.00 per
sq. meter;

15. That thus, the total assessed value of the property to be recovered from the
defendant consisting an area of 278 sq. meters, more or less, is only 11,120.00;
hence, within the jurisdiction of this Honorable Court;

ALLEGATIONS AS TO THE DAMAGES

16. That the Plaintiff cannot make use of its property as the defendant illegally
occupied the same and make use of it for his own interest and benefits;

17. That for this, it is but proper that the defendant must be ordered to pay a
rental for the said property for the amount of P5,000.00 a month since January
2018 until he would vacate and turn-over the same to the Plaintiff;

ALLEGATIONS AS TO ATTORNEY’S FEES

18. That because of the refusal of the defendant to vacate the property, the
herein plaintiff was constrained to engaged the service of a counsel for the
purpose of filing this instant case; That in hiring said counsel, the plaintiff
paid the sum of P25,000.00 as Acceptance Fee, and it also agreed to pay the
counsel the amount of P2,000.00 per court appearance;

19. That because of which, it is but proper that the defendant be ordered by
this Honorable Court to reimburse the plaintiff of such Attorney’s Fees.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of this


Honorable Court that:

1. The defendant and any other person occupying the property under
his authority be ordered to vacate the property and to turn-over the possession
thereof to the Plaintiff;

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2. The defendant be ordered to pay a monthly rental of P5,000.00 for
the use of the subject property from January 2018 until the time he would
properly turn-over the possession of the property to the Plaintiff;

3. Attorney Fees in the amount of P25,000.00 (Acceptance Fee) plus an


amount of P2,000.00 per court appearance be awarded in favor of the Plaintiff
and against the defendant;

4. Cost of the suit awarded;

5. Other reliefs just and equitable under the premises are also prayed
of.

6 February 2020, Davao City, Philippines.

KATOL PROPERTIES INC.,


Plaintiff
Davao City, Philippines

Represented by:
DRAGON KATOL
Authorized Representative
Davao City

Assisted By:

ATTY. PAULO JOSE S. VILLARIN


Counsel of the Plaintiff
Roll of Attorneys No. 696969
PTR No. 69669, 4-24-20, Davao City
IBP No. 69669, 4-24-20, Davao City
MCLE Compliance No. VII-0220293; 4-19-19
Valid until April 14, 2022
Ecoland, Davao City

Page 4 of 5
REPUBLIC OF THE PHILIPPINES)
IN THE CITY OF DAVAO ) S.S.
x-----------------------------------------x

VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING

I, Dragon Katol, of legal age, Filipino, single and a resident of Davao


City, after having been sworn to in accordance with law, hereby depose and
say:

1. That I am the authorized Representative of the Plaintiff in the above-entitled


case;

2. That I have caused the preparation of the foregoing Complainant, have read
and understood the same, and attest that all the statements are true and correct
to the best of my personal knowledge and/or authentic documents;

3. That I hereby certify that (a) the Plaintiff and I have not commenced any
other action involving the same issue in the Supreme Court, the Court of
Appeals or any other tribunal or agency; (b) to the best of my knowledge, no
such action or proceeding which is either pending or may have been
terminated, I must state the status thereof; and (d) if I should thereafter learn
that a similar action or proceeding has been filed or pending before the
Supreme Court, Court of Appeals or any other tribunal or agency, I undertake
to report the same within 5 days therefrom to the court or agency wherein
filed.

IN WITNESS WHEREOF, I have hereunto affixed my signature this


th
15 day of January 2020, Davao City, Philippines.

Dragon Katol
Affiant
UMID CRN NO. 3214315

IN WITNESS WHEREOF, I have hereunto set my hand, the day, the year,
and the place above written.

Doc. No. _____;


Page No. _____;
Book No. _____;
Series of 2020

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