Republic of the Philippines
MUNICIPAL TRIAL COURT (IN CITIES)
7TH Judicial Region
Lapu-Lapu City
HEIRS OF PILARIO DEGOLLACION,
Represented by: Visitacion Degollacion
Berdin, Harold Miranda, Mansueto
Degollacion and Grace Benavides,
Plaintiffs,
Civil Case No. __________
- versus - For: Unlawful Detainer
Agnes Goopio, Joel Kilantang,
Allan Zacarias, Danilo Puso, Emilia
Yagong, Jennifer Malvas, Lucia
Licay, Mario Gestasa, Johnson
Dungog and Thelma Bating,
Defendants,
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COMPLAINT
Plaintiffs, by counsel, and unto this Honorable Court, most
respectfully allege:
1. That the Heirs of Pilario Degollacion, who died on February 21,
1943, are the following:
a. Solidad Degollacion Miranda, who died on March 1, l961,
and represented by Mark Lester Miranda, who is
of legal age , single, a Filipino citizen and a
resident of Cordova, Cebu, where he maybe
served notices and other court processes;
b. Pacita Degollacion Berame, who died on March23, 2005,
and represented by Visitacion Degollacion
Berdin, of legal age, a widow, a Filipino citizen,
and a resident of Gun-ob, Lapu-Lapu City;
c. Domingo Degollacion, who died on April 24, 2010,
and represented by Mansueto Ochea
Degollacion, of legal age, married, a Filipino
Citizen and a resident of Gun-ob, Lapu-Lapu
City;
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d. Marcella Degollacion Dungog, who died on August 27,
2009, and represented by Grace Benavides, of
legal age, a widow, a Filipino citizen and a resident
of Gun-ob, Lapu-Lapu City;
Attached hereto is the Family Tree of Pilario Degollacion,
Marked as Exhibit “A”;
2. That defendants are of legal age, married, Filipino citizens and
residents of Gun-ob, Lapu-Lapu City, where they may be served
summons and other court processes;
3. That the late Pilario Degollacion is the absolute owner of Lot
No. 2215, located at Gun-ob, Lapu-Lapu City, containing an
area of 2,690 square meters, more or less, and covered by
Tax Declaration No. 013-05416, a copy of the Tax Declaration is
hereto attached as Exhibit “B”;
4. That the defendants are now occupying the property by mere
tolerance, as they built their structures and houses, without
the consent of the plaintiffs;
5. That the plaintiffs just tolerated the occupation without any
lease contract nor rental as they had no use of the property at
that time;
6. That all the occupants of the lot were orally informed that the
plaintiffs are going to use the lot occupied by them as early as
2015 and in 2020 they were called for conciliation before the
barangay, where they signed a “Kasabutan” dated February 4,
2020, that they will vacate the property, a copy of the
document is hereto attached as Exhibit “C”;
7. That on February 4, 2020, the plaintiffs made oral demands on
the defendant as promised by the latter, however, they still
refused to do so;
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8. That the defendants’ continued occupation of the lot
notwithstanding the “Kasabutan” that they had signed where
they agreed to vacate, has deprived the plaintiffs of possession
of the lot;
9. That until the present the defendants still refuse to vacate and
restore possession of the lot to the plaintiffs;
10. That defendants is unlawfully withholding possession of the
subject lot from the plaintiffs despite last and final demand, to
the damage and prejudice of the plaintiffs;
11 Before filing of this complaint, the dispute has been referred to
the barangay, but the parties failed to arrive at an amicable
settlement, the Certificate to File Action is hereto attached as
Annex “D”;
P R A Y E R
Wherefore, premises considered, it is most respectfully prayed of
this Honorable Court that after due notice and hearing, judgment be
rendered in favor of the Plaintiffs:
1. For the restitution of the abovementioned lot;
2. For the payment of ONE HUNDRED THOUSAND PESOS
(P100,000.00), representing the attorney’s fees;
3. To pay the costs for this suit amounting to FIFTY THOUSAND
PESOS (P50,000.00).
Other reliefs just and equitable under the premises are likewise
prayed for.
Lapu-Lapu City, Philippines, February 3, 2021.
Page 4
ATTY. EVANGELINE S. GICALE, CPA
Counsel
Valle Compound, S. Osmena St., Lapulapu City
Across Outlets at Pueblo Verde, Mepz II
Beside Wheeltek, Basak Lapulapu City
Roll of Attorneys No. 25927
IBP No. AR18031255. 1/08/2021. Cebu Province
PTR No. 8915337. 1/08/2021.Lapulapu City
MCLE Compliance No. VI-0003614 Valid until April 14,2022
PLDT Landline No. 032-3411022; Mobile No. 09173244311
e-mail ad:
[email protected] VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING
WE, Visitacion Degollacion Berdin, Grace Benavides, Mark Lester
Miranda(single) and Mansueto Degollacion, all of legal age, married, Filipino
citizens and residents of Gun-ob, Lapu-Lapu City and Cordova, Cebu, after being
sworn in accordance with law, do hereby depose and say:
That we are the Plaintiffs in the above-entitled case; That I have caused the
preparation of the Petition and we have read the same and knows the contents
thereof; That the allegations contained therein are true and correct of ourown
personal knowledge;
That we further certify that: (a) We have not theretofore commenced any
other action or proceeding or filed any claim involving the same issues or matter
in any court, tribunal, or quasi-judicial agency and, to the best of my knowledge,
no such action or proceeding is pending therein; (b) if we should thereafter learn
that the same or similar action or proceeding has been filed or is pending before
the Supreme Court, the Court of Appeals, or any other tribunal or quasi-judicial
agency, I undertake to report such factwithin five (5) days therefrom to the court
or agency wherein the original pleading and sworn certification contemplated
herein have been filed.
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IN WITNESS WHEREOF, we have hereunto affixed our signatures this _____
Day of _______, 2021, who exhibit to me their Identification Cards.
MANSUETO OCHEA DEGOLLACION MARK LESTER MIRANDA
Affiant Affiant
GRACE BENAVIDES VISITACION DEGOLLACION BERDIN
Affiant Affiant
