REPUBLIC OF THE PHILIPPINES

OFFICE OF THE LUPON TAGAPAMAYAPA OF POBLACION

MUNICIPALITY OF SIBULAN
Province of Negros Oriental

LEONOR C. DIVINAGRACIA, LYN C. ABLITR,

JESUS CALINGACION, DELIA C. DITAN, and
MONINA C. SIA,
Complainants,
Detainer)
V e r s u s -

BRGY. CASE NO. _________

FOR:

EJECTMENT
(Unlawful

NOITA C. DURAN, FITA C. ELNAR, and PATRIA

CALINGACION,
Defendants,
COMPLAINT
The UNDERSIGNED, for themselves, and in behalf of all the legal heirs of the
late RODULFO CALINGACION, are filing this instant complaint against the herein
defendants based on the following facts:
1. That the plaintiffs herein are the legitimate owners of a portion of Lot No.
30, consisting of ONE HUNDRED SIXTY FOUR (164) square meters, having
inherited the same from their father, RODULFO CALINGACION, who died
sometime in December 21, 1984;
2. That Rodulfo Calingacion have bought the said portion of Lot No 30 from
Candido Noble sometime in 1948, as annotated in Original Certificate of
Title No. 15974, hence Tax Declaration No. 013592 was issued to Rodulfo
Calingacion. Photo copy of the said TD is hereto attached and marked as
ANNEX-A;
3. That sometime in July 11, 1966, the co-owners of Lot No. 30 had
partitioned the said parcel of land into four sublots, namely: Lot No. 390-A;
Lot 30-B; Lot 30-C and Lot 30-D, as shown in the Subdivision Plan, photo
copy of which is hereto attached and marked as ANNEX-B;
4. That in the said partition or subdivision, the said sublots were awarded to
the following:
a. L0t No 30-A belong to Francisco Siplon as shown on Tax Declaration
No. ________, photo copy of which is hereto attached and marked as
ANNEX C;
b. Lot No. 30-B was awarded to ________________________, as shown in
Tax Declaration No. ___________, photo copy of which is hereto
attached and marked as ANNEX-D;
c. Lot No. 30-C was awarded to Rodulfo Calingacion as shown in Tax
Declaration No. 01-314, photo copy is hereto attached and marked
as ANNEX-E, issued in 1980; Tax Declaration No.85-1-04-106, issued
in 1985, photo copy is hereto attached and marked ANNEX F;
d. Lot No. 30-D was awarded to Abelardo Calingacion as shown in Tax

More -

COMPLAINT, Page (2).

Declaration No. 01-260-A, issued in 1976, photo copy of which is
hereto attached and marked as ANNEX-G ; Tax declaration No. 851-04-105, issued in 1985, photo copy of which is hereto attached and
marked
as
ANNEX-H;
5. That in 1994, and without our knowledge, Lot No. 30-C which was
previously declared in the name of our father RODULFO CALINGACION was
changed to LOT NO. 30-D, as shown in Tax Declaration No. 17-001-0586,
photo copy of which is hereto attached and marked as ANNEX-I; and Lot
No. 30-D which was declared in the name of ABELARDO CALINGACION was
change4d to Lot No. 30-C, as shown in Tax Declaration No. 17-001-0583,
photo copy of which is hereto attached and marked as ANNEX-J;
6.

THUS, in 1999, the latest Tax declaration issued by the Municipal

Assessors Office of Sibulan, was that Lot No. 30-C is now owned and
declared in the name of Abelardo Calingacion, as shown in Tax Declaration
No. 99-17-001-0593, photo copy of which is hereto attached and marked
as ANNEX-K and Lot No. 30-D is now owned and declared in the name of
RODULFO CALINGACION, as shown in Tax Declaration No. 99-17-001-0596,
photo copy of which is hereto attached and marked as ANNEX-L;

That we maintained that we owned Lot No. 30-C because there is no legal
basis for its interchanged with Lot No. 30-D and being the legal HEIRS of the late
RODULFO CALINGACION we now claimed as absolute owner thereof. That as
informed by our late father that the said land was not alienated to anybody
whatsoever. And so, we request that the present occupants having occupied the
same by mere tolerance by our father and considering further that we are now
going to use the said property, we wish thru this method of MEDIATION and
CONCILLIATION, that the defendants herein will now vacate the place and removed
all the improvements introduce therein;
We request further from this Honorable Office that an immediate conference
be conducted so that this intra family dispute will be resolve the soonest;
RESPECTFULLY SUBMNITTED.
July 7, 2001.

JESUS CALINGACION

LEONOR C. DIVINAGRACIA

DELIA C. DITAN

MONINA C. SIA

LYN C. ABLIR