Evangelina Pamilaga vs Danilo Chiu and Zenaida Chiu

Statement of facts:

1) Evangeline Pamilaga (plaintiff) is of legal age, Filipino

which residing at 1942 B. Mt. Apo St. Vulcan Compound,
Punta, Sta. Ana, Manila where she may be served notices
and other court processes.
2) Danilo Chiu and Zenaida Chiu (respondents) are
residents of 1108 Mangga St. Vulcan Compound, Punta,
Sta. Ana, Manila where they may be served notices and
other court processes.
3) Sometime in 1999, the Plaintiff became an owner of a
parcel of land through an award given by the National
Housing Authority (NHA) through its Vulcan Subdivision
Plan-Baranggay 900, zone 100, Punta, Sta.Ana, Manila.
The photocopy of the certificate awarded to Plaintiff
issued by NHA is attached and marked as Annex _.
Until now, the plaintiff has been paying for the
amortization of the subject parcel of land awarded to her
by the NHA.
4) The said parcel of land is situated in Phase 1, Block 13,
Lot 03 of the consolidated Subdivision plan, PCS-00009234, being a portion of Lots 1, 2, and 3(LRC) PCS11916 in the district of Sta. Ana, City of Manila and with
an area of 61.24 square meters.

5) The ownership of the Plaintiff over the parcel of land is

proved by the Certificate of Lot Award dated October
16, 1999 and the Certification, dated April 20, 2015
issued by the Balikatan sa Vulcan Compound
Homeowners, Association, Inc.
6) The subject parcel of land owned by the Plaintiff shows
that in Lot No. 3 of Block 13 is adjacent to the land owned
by the herein Respondents which is Lot 9 and 10.
7) Sometime in 2007 while the Plaintiff is in the province,
the Respondents constructed an extension of their house
(Lots 9 and 10) however such extension encroached to
the lot (Lot no. 3 of Block 13) owns by the former without
her consent.
8) Upon the return of the Plaintiff from the province after
a year, she was informed by the Barrangay Officials that
they tried to stop the construction the extension of the
Respondents house to her property (Lot 3, Block 13) and
She immediately demand the Repondents to removed the
same since the said construction already encroached her
property.
9) The Respondents refused to remove the construction
upon the heed of demands of the Plaintiff. The Plaintiff
decides to Re-Survey Lot by the National Housing
Authority. The Lot Re-survey and sketch plan of the
subject Lot was conducted and prepared by Engr. Jaime
M. Cortez of the National Housing Authority.
10) Based on the Certificate awarded by the NHA to the
Plaintiff and the Re-Survey and sketch plan prepared by

Engr. Jaime Cortez shows that the construction made by

the Respondents to extend their house has been enroach
the property of Plaintiff without her consent or through
stealth, force and strategy.
11) This dispute was referred to the Baranggay 900 of
Zone 100 by the Plaintiff for possible settlement between
the parties however the Respondents failed to appear in
the said occasion.

Hence, a civil complaint was filed by the Plaintiff against

the Respondents.