Republic of the Philippines

11th MUNICIPAL CIRCUIT TRIAL COURT

First Judicial Region
Sta. Cruz-Sta. Lucia, Ilocos Sur

MAGDALENA BUSTILLOS,
Plaintiff, Civil Case No. ______

- versus - For: QUIETING OF TITLE

with DAMAGES

DANILO LAMARCA and

VIOLETA R. RAGUNTON,
Defendants.
x-----------------------x

COMPLAINT

PLAINTIFF, thru counsel, and to this Honorable Court, respectfully

alleges:

1. Plaintiff is of legal age, single, and a resident of Brgy. Suyo, Sta.

Cruz, Ilocos Sur. Defendants are also legal age, and residents of Brgy.
Pinipin, Sta. Cruz, Ilocos Sur, where they may be served with Summons and
other Court processes;

2. Plaintiff is the forced and legal heir of Ricarda Bustillos who died
single and who, at the time of her death, was the lawful owner of a certain
parcel of land with an assessed value of Php2,560.00 located at Brgy.
Pinipin, Sta. Cruz, Ilocos Sur, under Katibayan ng Orihinal na Titulo Blg. P-
39532 and more particularly described as follows:

KATIBAYAN NG ORIHINAL NA TITULO BLG. P-39532

Lot No. 5564, Cad-546-D

“Beginning at a point marked “1” of Lot No. 5564, Cad-

546-D; being S. 06-57 W., 3009.78 m. from BLLM No. 1, Cad-
546-D; thence

S. 10-32 W., 10.95 m. to point 2;

S. 87-29 W., 165.26 m. to point 3;
N. 17-02 W., 10.65 m. to point 4;
N. 87-21 E., 170.40 m. to point of the beginning.

Containing an area of ONE THOUSAND SEVEN

HUNDRED FIFTY NINE (1,759) SQUARE METERS.

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 All points are marked on the grounds by P.S. Cyl. Conc.
Mons. 15x40cms;

Bounded on the E., along line 1-2 by Bayugao River (8-

70:00 meters wide);on the S., along line 2-3 by Lot No. 5567,
Cad-546-D; on the W., along line 3-4 by South China Sea; on
the N., along line 4-5 by Lot No. 5563, cad-546-D;

Bearings Grid.

This lot was surveyed in accordance with law and

existing regulations promulgated thereunder by Engr. Teodoro
I. Victorino, a Geodetic Engineer, from November 18-December
16, 1976 and approved on September 11, 1985.

Note:

This lot is covered by F.P.A. No. 012924-480.

as shown by a copy thereof and the corresponding Tax Declaration No./ARP

No. 24-0034-00397 hereto attached as Annexes “A” and “B” respectively;

3. Said parcel of land was acquired from its previous owner Ricarda
Bustillos, who died single, by virtue of INTESTATE SUCCESSION.
Ricarda Bustillos was the sister of the late Quintina Bustillos, mother of
herein plaintiff. Consequently, plaintiff being the owner religiously paid the
corresponding realty taxes due thereon;

4. That thru systematic fraud and unknown to the plaintiff the

defendants erected their respective structures thereby encroaching portions
of the land adverse and prejudicial to the rights of possession and ownership
by the plaintiff as shown in the Sketch Plan prepared by Engr. Edwin R.
Moreno hereto attached as Annex “C”;

5. Not contented, a small hut was also constructed by the defendant

over a portion of the land. Both constructions came to the knowledge of the
plaintiff about several months ago when she was told about it and she
protested immediately;

6. Demands were made upon the defendants to refrain from

encroaching and disturbing the possessory rights and ownership by the
plaintiff of the land and more importantly on the portion occupied by their
structures but ignored. Reason of which plaintiff referred the matter to the
LUPON for mediation but to no avail as shown by a copy of the Certificate
To File Action hereto attached as Annex “D”;

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 7. The actuation of the defendants mentioned in the preceeding
paragraphs has caused a cloud of doubt to the ownership and possession of
the plaintff over her propery;

8. The provisions of the New Civil Code, particularly Articles 476

and 477 states:

“Art. 476. Whenever there is a cloud on title to real

property or any interest therein, by reason of any
instrument, record, claim, encumbrance or proceeding
which is apparently valid or effective but is in truth and
in fact invalid, ineffective, voidable, or unenforceable,
and may be prejudicial to said title, an action may be brought
to remove such cloud or to quiet the title.

An action may also be brought to prevent a cloud from

being cast upon title to real property or any interest therein.

Art. 477. The plaintiff must have legal or equitable

title to, or interest in the real property which is the
subject matter of the action. He need not be in possession of
said property.”

9. Due to the wanton and deliberate refusal of the defendants to

respect the rights of possession and ownership by the plaintiff of the land,
the latter suffered mental anguish, shock, humiliation and embarassment
mindful of losing her hard earned property for which defendant should be
adjudged liable for moral damages in the amount of not less than
P100,000.00;

10. To deter others who maybe similarly situated and for the good of
the public defendants shall likewise be adjudge liable for examplary
damages in the amount of not less than P50,000.00;

11. To protect her rights and interest plaintiff was constrained to

engage the services of counsel for an agreed amount of P30,000.00 as
attorney’s fee and P2,000.00 for every appearance of counsel.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of this

Honorable Court to render judgment in favor of the plaintiff and against the
defendant as follows:

a. Declaring the plaintiff as the true and lawful

owner of the property and ordering the
defendants to cease and desist from further
encroaching and entering the subject land or
any portion of it;
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 b. Ordering the defendants to remove the structure
erected over a portion of the land at their own
expense;

c. Ordering the defendants to pay moral and

exemplary damages in the amount of not less
than P100,000.00 and P50,000.00 respectively;

d. To reimburse plaintiff payment of attorney’s fee

in the amount of P30,000.00 plus litigation
expenses; and

e. To pay the cost of suit.

Other reliefs just and equitable under the above premises are likewise
prayed for.

Sta. Cruz, Ilocos Sur, March 18, 2019.

WILFREDO R. CORTEZ
Counsel for the Plaintiff
Sta. Cruz, Ilocos Sur
IBP No. 067858/1-10-19
PTR No. 0459770/1-9-19
Roll No. 33768
MCLE Compliance V-0013871
Issued at Pasig City
on February 11, 2016

VERIFICATION AND CERTIFICATION OF

NON-FORUM SHOPPING

I, MAGDALENA BUSTILLOS, of legal age, and a resident of Brgy.

Pinipin, Sta. Cruz, Ilocos Sur under oath, do hereby depose and say:

That I am the Plaintiff in the above entitled case;

That I have caused for the preparation of the foregoing Complaint’

That all the allegations stated therein are true and correct and based on
genuine or authentic records;

That of my own personal knowledge Plaintiff has not commenced any

other suit or proceeding involving the same issues between the same parties
before the Supreme Court, the Court of Appeals, or any other tribunal or
agency and should plaintiff shall thereafter learn that a similar case has been
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filed or is pending before any of the aforementioned Courts, she will
undertake to report such fact within five (5) days from knowledge therefrom.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

18th day of March 2019, at Sta. Cruz, Ilocos Sur.

MAGDALENA BUSTILLOS
Affiant
Valid ID NO. ___________

SUBSCRIBED AND SWORN to before me this 18th day of March

2019, at Sta. Cruz, Ilocos Sur, affiant exhibited to me her Valid ID as proof
of her identity.

WILFREDO R. CORTEZ
Notary Public
IBP No. 067858/1-10-19
PTR No. 0459770/1-9-19
Roll No. 33768
Tin No. 170-449-903

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