Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

11th Judicial Region

Branch ___, Davao City

EVANGELINE SAYSON VELOSO,

Represented by: JOHNNY S. SAYSON,
Complainant,
CIVIL CASE NO. : _______
FOR: RECOVERY OF POSSESSION
BY OWNERSHIP, DAMAGES AND
ATTORNEYS FEES WITH PRAYER
FOR ISSUANCE OF WRIT OF
PRELIMINARY INJUNCTIONS
-versus-

SPS. DELFIN SUMAYANG AND

CARMELA SUMAYANG, AND
SPS. RONSWALD MARTINEZ AND
DIMFA MARTINEZ,
Defendants,
x-----------------------------------------------------------------x

COMPLAINT

COMES NOW, COMPLAINANT, assisted by counsel, and unto this Honorable Court, most
respectfully files this Complaint and avers that:

1. Complainant Evangeline Sayson Veloso is of legal age, Filipino, married, a resident of Germany.
Complainant may be reached with summons and other court processes at the office of the
undersigned counsel indicated hereunder;

2. Defendant Sps. Delfin Sumayang and Carmela Sumayang are of legal age, Filipinos, married to
each other, and residents of New Zion Village, Brgy. Center, Agdao, Davao City. Defendants
Ronswald Martinez and Nimfa Martinez are of legal age, married to each other, Filipinos, and
residents of New Zion Village, Brgy. Centro, Agdao, Davao City. Defendant Sps. Sumayang and
Sps. Martinzes can be reached and served court orders, notices and other processes of this
Honorable Court at their respective residences in New Zion Village, Brgy. Centro, Agdao, Davao
City;

3. Complainant and Defendants both have the capacity to sue and be sued;

THE CASE FACTS

4. Sometime in 17 October 1996,Complainant Evangeline S. Veloso, who was still single at that
time, bought from Mariones B. Regenegado a parcel of land described as fourth from corner lot
with an approximate area of 180 sq. m., more or less, located at New Zion Village (formely
Nagsil Village), Brgy. Centro, Agdao, Davao City;

5. At the time that Complainant bought the abovementioned parcel of land, she was not aware that it
was the subject of an on- going court litigation between Bienvenido Toling, et. al. vs Nagsil
 Village Foundation, Inc. docketed as Civil Case No. 17,367 for Annulment of Sale, Titles, etc.
before the Branch 8 of the Regional Trial Court of Davao City;

6. Eventually, the abovementioned case was decided in favor of Bienvenido Toling, et. al. such a
new Transfer Certificate of Title wasissued relative thereto in favor of Bienvenido Toling and
Benito Salcedo as the trustee obrgver the parcel of land now being occupied by New Zion Village
Neighborhood Association;

7. On 17 April 2002, the Branch 8 of the Regional Trial Court of Davao City granted and
commissioned a Geodetic Engineer to carry- out the re-subdivision of the lot being occupied by
New Zion Village Neighborhood Association which includes the lot owned by Complainant;

8. After the re-subdivision of the lots was completed by the court commissioned Geodetic Engineer
Alfredo Garbin, Jr., the area of the lot owned by Complainant was reduced from 180 sq. m., more
or less and is now described in the new subdivision plan as Lot 12, Blk. 6 of the Site
Development Plan;

9. Complainant on 23 October 2002 eventually became a member of the New Zion Village
Neighborhood Association after paying the membership and registration fee. Complainant also
paid her contribution for the survey plan of court commissioned geodetic engineer of the New
Zion Villag Neighborhood Association in the amount of Php 2,800.00;

10. In February 16, 2006, Complainant and the other individual members of the New Zion Village
Neighborhood Association filed a case against Benito D. Salcedo for Reconveyance and/or
Recovery of Realty, Damages and Sum of Money docketed as Civil Case No. 31,287-06 before
the Branch 10 of the Regional Trial Court of Davao City as Benito D. Salcedo as the trustee of
the aforesaid lot refused to reconvey the same to the association;

11. On 1 February 2007, a decision was subsequently rendered by the Branch 10 of the Regional
Trial Court whereby Benito D. Salcedo was directed to reconvey on paper the subject land by
executing a deed of reconveyance or any other appropriate document, in favor of the vendees-
occupants;

12. Sometime in 2013, Complainants neighboring lot owner in New Zion Village Neighborhood
Association, Mrs. Flora Gravilla, sold a portion of Complainants abovementioned parcel of land
to Sps. Delfin Samayang and Carmela Samayang without her knowledge and consent and
subsequently introduced improvements thereon;

13. When Complainant heard about this, she thereafter went and talked to Sps. Samayang but the
latter would only remove their structure as soon as they reimbursed for the money that they paid
to Mrs. Gravilla to which offer Complainant declined;
14. Subsequently, Sps. Ronswald Martinez and Nimfa Martinez, again without the knowledge and
consent of the Complainant introduced improvements on the remaining portion of the land by the
latter;

15. Then on 1 May 2015, Complainant authorized her sister Myrna Inocencio and Johnny Sayson to
file complaint as regards Sps. Martinez relative to their illegal occupation of the remaining
portion of Complainants abovementioned parcel of land;
 CAUSE OF ACTION

16. Complainants replead all the foregoing statements as may be relevant and material and hereby
allege the cause of action of this instant complaint;

17. Defendants willful act of occupying Complainants parcel of land described as Lot 12, Blk. 6
New Zion Village Neighborhood Association when each of them know for the fact they do not
have any right whatsoever it is violated Complainants claim of ownership;

18. Complainant is entitled to relief demanded and prayed of in this instant Complaint which, among
others, consist in restraining the Defendants from further introducing improvements on her
abovementioned parcel of land pending resolution of this instant case;

19. Consequently, Complainant hereby most respectfully and urgently prays for the issuance of a
Writ of Preliminary Injunction ordering the Defendants, their agents, representatives or privies to
desist from introducing improvements thereon until the resolution of this instant case;

20. Complainant hereby states and manifests to this Honorable Court that she is ready, willing and
able to post a bond, in such reasonable amount, as this Honorable Court may fix in connection
with the Issuance of the Writ of Preliminary Injunction herein prayed for;

21. Defendants respective act of illegally occupying her abovementioned parcel of show their
grotesque character which civilized society should not condone and as such Defendants should be
made to pay the amount of Php 100,000.00 as exemplary damages;

22. Complainant suffered serious anxiety, wounded feelings and mental anguish to think that her
parcel of land was being occupied Defendants without Complainants consent such that
Defendants should be made to pay Complainant the amount of Php 200,000.00 as moral damages;

23. By reason of Defendants wrongful act, Complainant was compelled to hire the services of legal
counsel to protect her interest as a result of the illegal occupation of the Defendants of her
abovementioned parcel of land such that Defendants be ordered to pay to Complainant Attorneys
Fees in the amount of Php 50,000.00 as acceptance fee, and Php 5,000.00 per day of appearance
in court plus the costs of this suit;

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable

Court to, after due notice and hearing, issue an Order:
a) Granting the Writ of Preliminary Injunction pendent lite directing Defendants,
their agents, representatives or privies to desist from introducing further
improvements on the land owned by the Complainant until the resolution of this
instant case;

b) Defendants pay to the Complainants the amount of Php 100,000.00 as exemplary

damages;
 c) Defendants pay to the Complainants the amount of Php 200,000.00 as moral
Damages

d) Defendants pay to the Complainants the amount of Php 50,000.00 per day of
court appearance, and costs of suit.

e) Defendants be ordered to remove their respective improvements they introduced

an Complainants parcel of land described as Lot 12, Blk. 6 of New Zion Village,
Brgy. Centro, Agdao, Davao City at their own expense;

Other just and equitable reliefs under the premises are also hereby prayed for.

RESPECTFULLY SUBMITTED.

_____2016, at Davao City, Philippines.

DORIA LAW FIRM

Room M-2, Mezzanine Floor
Valgosons Building, City Hall Drive,
Davao City
By:
ATTY. ARNOLD V. DORIA
Counsel for the Complainants
Roll No. 57384
PTR No. 6543815/12-21-15
IBP No. 0988846/11-19-15
MCLE Compliance No. V-0012334