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REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT
Cebu City

FE U. QUIJANO,
Plaintiff
Civil Case No.R-34426
For: Ejectment
-versus-

ATTY. DARLL A. AMANTE,

Defendant
x------------------------------------x

COMPLAINT FOR EJECTMENT AND DAMAGES

COMES NOW the plaintiff by the undersigned attorney, and unto this
Honorable Court, respectfully alleges:

1. That the plaintiff is of age and resident of 14 San Nicolas St, Punta
Princessa, Cebu City; while the defendant is also of age, with
residence and post office address at 50 Mabit St, Punta Princessa,
Cebu City;

2. That the plaintiff is the absolute owner of that parcel of land

located at 50 Mabit St, Punta Princessa, Cebu City covered by
TCT No. 6555, a portion of which is being occupied by the
defendant;

3. That the defendant had constructed a residential building thereon

by the mere tolerance of Eliseo Quijano, a co-heir of plaintiff from
their late father, Bibiano Quijano;

4. That said parcel of land Eliseo and the other heirs, including
plaintiff, had inherited from their father had not yet been
subdivided, and was thus still co-owned by them;
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5. That on September 30, 1992, Eliseo and all other heirs executed a
deed of extrajudicial partition, herein attached as Annex “A” to
divide their father’s estate, consisting of the aforementioned parcel
of land, among themselves ;

6. That said partition resulted in the portions earlier tolerated by

Eliseo to the defendant being adjudicated to the plaintiff;

7. That the plaintiff has several times demanded of the defendant to

vacate the above premises, the last demand having been personally
and in writing on November 4, 1994 herein attached as Annex “B”
dated, the defendant refused to vacate;

8. That the defendant’s occupation had become illegal following his

refusal to vacate despite repeated demands;
WHEREFORE, it is respectfully prayed that, after due hearing,
judgment be rendered in favor of the plaintiff:
(a) For the restitution of the above-mentioned premises;

(b) For the payment of P40,000.00 representing the amount of

damages and costs of the suit.

February 14, 1995, Cebu City, Philippines

Sgd.
Atty. Magaling Tan

VERIFICATION

I, Fe U. Quiano, of legal age and a resident of 14 San Nicolas St, Punta

Princessa, Cebu City under oath declare that;
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1. I am the plaintiff in the above-entitled case;

2. I have caused the preparation of this complaint; and
3. I have read it and its contents are true and correct of my personal
knowledge and based on authentic records.

Sgd.
Fe U. Quiano

SUBSCRIED AND SWORN to before me, in the City of Cebu, this 14th day
of February 1995, the affiant exhibiting to me his CTC No. 123456 issued at
the City of Cebu;
ATTY PEDRO. SANTOS
Notary Public for Cebu
Unit 5, Red Building, Cebu
Appointment No, 123
IBP No. 54321
PTR No. 32521
Roll No. 53213; 05/05/1980
MCLE No. 1 - 0512332
MCLE No. 2 – 0023233
Serial No. of Commission M-
123

Doc No. 11
Page No. 23
Book No. V
Series of 1995