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Fo r :
- versus -
RECOVERY OF POSSESSION
WITH DAMAGES
I.
Plaintiffs are open to enter into with the defendants reasonable settlement and willing to
alternative modes of dispute resolution whenever available. In this regard, plaintiffs are
amenable to agree for a common surveyor that will conduct survey on the lot/s involved in this
case and also willing to bind themselves to agree, respect, obey, abide and accept the outcome
of the survey, for the early settlement and termination of this case.
II.
SUMMARY OF FACTS
Plaintiffs are the heirs of late spouses Catalino Bagalay and Basilisa Martinez of
Barangay Rizal, Magsaysay, Palawan to whom they inherited a parcel of land denominated as
Lot No. 5527. The ownership of Catalino Bagalay over the said land is evidence by Decree No.
691718 dated December 13, 1938. In April 2006 a boundary dispute arises and a demand to
vacate was made by the plaintiffs but defendants refused to vacate the said parcel of land
consistently claiming that the parcel of land they were occupying is Lot No. 5529 and not Lot
No. 5527 and that they bought the Lot No. 5529 from their uncle Domingo Gacot. An ejectment
case was filed but it was dismissed without prejudiced to the filing of and accion publiciana or
accion reinvindicatoria. In November 2009 after the survey by Engr. Ronilo Liao, a Geodetic
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Engineer, it was confirmed and certified by the said engineer that a portion of plaintiffs parcel of
land is being occupied the herein defendants. On July 14, 2010 a demand letter was send to the
defendants but they still refuse to peacefully vacate the property. Thus, this complaint for
recovery of possession was filed.
III.
Plaintiffs acquired Lot No. 5527, through intestate succession, from the spouses
Catalino Bagalay and Basilisa Martinez they being the heirs of the latter.
Spouses Catalino Bagalay and Basilisa Martinez is an adjudicatee of Lot No. 5527
while Domingo Gacot is adjudicatee of Lot No. 5529.
That on December 13, 1938 Decree No. 691718 was issued by the Court of First
Instance of Palawan over Cadastral Lot No. 5527 in favor of spouses Catalino
Bagalay and Basilisa Martinez;
Lot No. 5527 was declared for Taxation purposes by Basilisa Martinez.
Defendant-spouses have never cause for a relocation or verification survey over the
portion occupied by them since 1983 when they allegedly enter the property subject
of this case and even up to the present.
That defendants during the preliminary conference at the Municipal Circuit Trial court
of Cuyo-Agutaya-Magsaysay and even at to the present refuse to agree to a
common Geodetic Engineer that will conduct actual survey of Lot No. 5527 and Lot
5529 for the early settlement of the case.
That there is an existing concrete monument between the lots occupied by the heirs
of Sulpicio Gacot and Cesar Bagalay Saban.
The from the existing concrete monument delineating the lots occupied by heirs of
Sulpicio Gacot and Cesar Bagalay Saban going western portion of the lot occupied
by Sulpicio Gacot heirs and the lot occupied by the defendants, the next existing
concrete monument is situated on the westernmost portion of Lot No. 5527.
10 That the lot occupied by defendants and heirs of Sulpicio Gacot were inside the
existing concrete monuments from the westernmost portion of Lot 5527 and the
concrete monument delineating the lot occupied by Sulpicio Gacot heirs and Cesar
Bagalay Saban.
11 Defendants or its predecessors in interest did not assert any claim of ownership or
possession over Lot No. 5527 since time immemorial.
12 That plaintiff is entitled to actual damages, moral and exemplary damages, attorneys
fee and expenses of litigation.
IV.
ISSUES
Whether or not the portion of lot presently occupied by the defendants form part of
the lot (No. 5527) claimed and adjudicated to spouses Catalino Bagalay and Basilisa
Martinez?
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Whether or not plaintiffs, as heirs of spouses Catalino Bagalay and Basilisa Martinez,
are entitled to recover possession of the portion of Lot 5527 unlawfully occupied by
the defendants?
Whether or not the plaintiffs are entitled to the relief prayed for?
V.
PLAINTIFFS EVIDENCE
Documentary
a
Relocation/Verification Plan
Nonetheless, the plaintiffs reserve the right to present other exhibits as may be
necessary in the course of the proceedings.
Testimonial
a
VI.
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VII.
Respectfully submitted.
Puerto Princesa City, August 9, 2011.
ARNEL B. VENTURILLO
Counsel for the Plaintiff
64 Fernandez Extension, Puerto Princesa City
IBP No. 818324; 01/11/11; Palawan
PTR No. 6098701; 01/11/1; Palawan
MCLE Compliance No. II-0015820
Attorneys Roll 45326
Copy furnished:
Atty Liezeil L. Zabanal
Unit 11, 2nd Flr., Capitol Commercial Complex
Fernandez St., Puerto Princesa City
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