Republic of the Philippines

8TH Judicial Region

Regional Trial Court
8th Judicial Region

CINDY H. HAN Case No.: 143

Plaintiff, For: RECOVERY OF
POSSESSION AND
-versus-
OWNERSHIP OF REAL
ALE J. LOSER PROPERTY
Defendant.
x-------------------------------------------------x

COMPLAINT

COMES NOW by Plaintiff through counsel unto this Honorable Court

respectfully alleges that:

1. Plaintiff is of legal age, married, Filipino citizen, and a

resident of Brgy. 95 Caibaan, Tacloban City, Leyte. For
purposes of the action, Plaintiff may be served with copies of
our notices and orders of the Honorable Court at the office
address of the undersigned counsel indicated below.

2. Defendant is also of legal age and residing at 97 Brgy. 95

Caibaan, Tacloban City, Leyte, he may be served with
summonses and other processes of the Honorable Court;

3. Plaintiff is the true owner of a certain parcel of land situated

in Brgy. 94 Tigbao, Tacloban City, Leyte, Philippines,
consisting of approximately THREE THOUSAND SEVEN
HUNDRED EIGHTY EIGHT (3,788 SQ. M.) SQUARE
METERS and identified as Lot 4041 and covered by Transfer
Certificate of Title No. T-7362 and Tax Declaration of Real
Property No. 2012-08-002352 of the City Assessor’s Office of
the City of Tacloban, Leyte;

4. That the said parcel of land has an assessed value of Twenty

Two Thousand Seven Hundred Twenty Eight Pesos (P
22,728.00) based on Tax Declaration of Real Property
No. 2012-08-002352 issued by the City Assessor’s Office
of the City of Tacloban, Leyte Last June 28, 2019 and based

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 on the Real Property Tax Receipt No. 123456 dated July 3,
2019 in the payment of the Real Property Tax.

5. That since the assessed value of the property involved in the

above-entitled civil action exceeds TWENTY THOUSAND (P
20,000.00) PESOS, exclusive original jurisdiction lies within
the Honorable Regional Trial Court.

6. That Plaintiff bought the property from Aivan D. Winner who

conveyed such property to herein Plaintiff Cindy H. Han last
July 3, 2010 as evidenced by a Deed of Confirmation of Sale
with Waiver executed by both parties.

7. That on November 21, 2014 she mortgaged the said parcel of

land to Ale J. Loser in the amount of Thirty Thousand (P
30,000.00) Pesos to use the proceeds to finance personal
consumption.

8. That on July 7, 2015, Plaintiff recovered from her financial

instability and went to Mr. Loser to pay for the amount of the
mortgaged parcel of land and likewise to reclaim possession
over the said parcel of land. Unfortunately, Defendant Loser
for no justifiable reason willfully and maliciously refused to
accept the payment of the mortgage.

9. That the Plaintiff once again went to Defendant Loser

sometime in January 2016 to pay the amount of the
mortgaged and to reclaim the possession of the parcel of land,
however Defendant still willfully and maliciously refused to
accept the payment of the mortgage.

10. That herein Plaintiff continuously and repeatedly demanded

that Defendant to accept the payment and vacate and return
the possession of the said parcel of land to the herein
Plaintiff, but despite numerous demands for him and his
family to vacate, Defendant has remained in illegal
possession of the said land and up to the present, still retain
such possession.

11. Ultimately, a final written demand dated July 4, 2017, was

sent through the assistance of the Barangay Chairman
where the Plaintiff deposited the amount of Thirty Thousand
Pesos (P 30,000.00) but Defendant once again willfully and
maliciously refused to accept the payment and return the
possession of the same to the Plaintiff. Defendant even
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 informed the Barangay Tanod who served the letter to the
Defendant that he will just wait for a case against him be
filed in Court.

12. That the reasonable rental value of the said land is at least
ONE THOUSAND (P 1,000.00) PESOS per month.

13. That there was compliance of a condition precedent prior to

the filing of the case;

14. That due to the unjust refusal of the Defendant to vacate

and to return the said land to the Plaintiff, the latter was
constrained to endorse the said matter to its legal counsel
for the filing of an appropriate action in court and this had
to incur litigation expenses of not less than Ten Thousand
Pesos (P 10,000.00)

PRAYER

WHEREFORE, PREMISES CONSIDERED, it is respectfully

prayed of this Honorable Court that after due consideration
of the pieces of evidence, judgment be rendered in favor of
plaintiff:

1. Ordering the Defendant, his family, and all persons

acting under him, to vacate Lot 1234 and to peacefully
turn over the possession thereof to the Plaintiff;

2. Ordering the Defendant pay Plaintiff monthly rental at

the rate of One Thousand (P 1,000.00) Pesos per
month from the time the property was redeemed in
2015 to the time possession is returned to the Plaintiff;

3. Ordering the Defendant to reimburse the Plaintiff for

the legal expenses incurred in the filing of this case in
the amount of not less than Ten Thousand Pesos (P
10,000.00) and all other remedies, just and equitable
are also prayed for. Tacloban City. July 13, 2019.

ATTY. AYO C. NA
COUNSEL FOR Plaintiff
TVCT LAW OFFICE
Magsaysay Blvd., Tacloban City, Leyte
IBP No. 123453/1-21-19/ Tacloban City.
PTR No. PM9297C/01-03-19/ Palo, Leyte
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Roll of Atty’s No. 00098765 May 2, 2018
MCLE Compliance No. V-00282728/ April 6, 2017
Email: ayucuna@gmail.com

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 VERIFICATION AND CERTIFICATION OF
NON-FORUM SHOPPING

I, CINDY H. HAN, of legal age, Filipino, and resident of Dimakita

St., Brgy. Hanaphanap, Tacloban City, after being sworn in accordance
with law, hereby state that:

1. I, the plaintiff in the above-titled case, have caused the

preparation of the foregoing complaint;

2. I have read the contents and the allegations contained therein

and the facts stated therein are true and correct of my
personal knowledge and based on copies of documents and
records in my possession;

3. To the best of my knowledge, no such action or proceeding is

pending in the Supreme Court, the Court of Appeals, or any
other tribunal or agency; and

4. Should I thereafter learn that a similar action or proceeding

has been filed or is pending before the Supreme Court, the
Court of Appeals, or any other tribunal or agency, I undertake
to report that fact and the status of the same within five (5)
days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this day, July 13, 2019, in Tacloban City, Philippines.

CINDY H. HAN
Affiant
Driver’s License No. H02-08-008272

SUBSCRIBED & SWORN to before me this day,

______________, in Biringan City, Philippines, affiant showing to me
his respective competent proofs of identity, and swore to me that he
has fully understood the contents of the foregoing instrument and that
the same is his free and voluntary act and deed. Witness my hand and
seal.

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of: 2019

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