REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

Eighth Judicial Region
BRANCH 34
Bulwagan ng Katarungan, Tacloban City

HEIRS OF PEDRO GO,

Represented by Carlene Go,
POSSESSION
Plaintiffs

CIVIL CASE NO: 01-1122

FOR: RECOVERY OF
AND OWNERSHIP OF REAL
PROPERTY

-versusSPOUSES ARTURO SANDOVAL,

Defendants
X---------------------------------X
COMPLAINT
COMES NOW the Plaintiff, by undersigned counsel, and unto
this Honorable Court, most respectfully alleges that:
1. Plaintiffs are the heirs of Spouses Pedro Go and Maria Go
namely: Arlene Go, a resident of Cebu, Bernadete Go, a
resident of Dulag, Frances Go, a resident Palawan, Gemma
Go, a resident of Sagada, Carlene Go, Dina Go and Ella Go,
residents of Tacloban City, of legal ages, Filipinos, and who
are represented in this suit by Carlene Go, per Special
Power of Attorney attached as Annex A. For purposes of
this action, Plaintiffs 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. Defendants are also of legal age, Filipino, and for purposes

of this action, he may be served with summons and other
processes of this Honorable Court at his residence and
post-office address at Brgy. 62 B Sagkahan Tacloban City,
Philippines;

3. That Pedro Go, the father of the plaintiffs, is the true and
registered owner of a certain parcel of land situated in
Brgy. 62-B Sagkahan District, Tacloban City, Philippines
consisting of approximately four hundred twelve (412)
square meters, and covered by Original Certificate of Title
No. 1123 of the Registry of Deeds of Leyte, having been
acquired pursuant to CA No. 14 also known as the Free
Patent Act; Machine copy of said Original Certificate of
Title is attached hereto as ANNEX "B";

4. That sometime in January 2000, Defendant and his family

began to be in possession of the said property, not by
virtue of any title or contract, but through stealth and
strategy, as said defendant did not seek permission from
the registered owners.

5. That Defendants aver ownership of the subject property,

presenting a document purporting to be a Tax Declaration
of the property where in fact, the latters technical
description of the property does not match with that of the
original certificate of title number as embedded in the
OCT herein attached;

5. That on several occasions, prior to the death of Spouses

Go on 2004, the latter demanded that Defendant vacate
and return the possession of the said parcel of land to the
herein Plaintiff. In fact, the same has been brought to
Lupon for settlement but to no avail. A machine copy of
the endorsement from Lupon is attached hereto as Annex
C;

6. 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. Machine copy of the said demand letter is
attached hereto as ANNEX "D";

7. That the reasonable rental value of the said land is one

thousand five hundred pesos (P1500.00) per month;

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

and to return the said land to the Plaintiffs, the latter was
constrained to endorse the said matter to its legal counsel
for the filing of an appropriate action in court for a fee of
P2, 500 and the amount of P2,500.00 per court hearing;

8. That this action is being filed within the reglementary

period allowed by law, the possession being in bad faith,
to demand Defendant to vacate the said property.
ALLEGATIONS IN SUPPORT OF THE PRAYER FOR
ISSUANCE
OF A WRIT OF PRELIMINARY MANDATORY
INJUNCTION
Plaintiff repleads by reference all of the foregoing allegations
as may be material and relevant under this heading;
Defendant's continued illegal occupation of the said parcel of
land and refusal to vacate the same and to peacefully
surrender possession thereof to herein Plaintiff is working
grave injustice and causing damage to the latter;
Plaintiff is entitled to the reliefs demanded, and the whole or
part of such relief consists in the immediate delivery and
surrender by the defendants of possession of the land to
the Plaintiff;

In the event that a writ of preliminary mandatory injunction

is granted to Plaintiff, she is ready, willing and able to post
a bond to answer for all damages Defendant may sustain
by reason of said injunction if the court should finally
decide that Plaintiff is not entitled thereto.
PRAYER
WHEREFORE, it is most respectfully prayed that, after due
hearing, judgment be rendered in favor of the plaintiffs:
a) Ordering the Defendant, his family, successors, assigns
and all persons acting under him, to vacate Lot 5816B
that is covered by Original Certificate of Title No. 1123 of
the Registry of Deeds for the Province of Leyte and to
peacefully turn over the possession thereof to the Plaintiff;
b) Ordering Defendant to pay Plaintiff monthly rental at the
rate of P2, 500.00 per month from the time of the filing of
this action to the time possession is returned to the
Plaintiff;
c) Ordering Defendant to pay Attorney's Fees in the amount
of P25, 000.00 and P1, 500.00 per court hearing and to
pay cost of suit;
d) That pending the outcome of the instant case, a writ of
preliminary mandatory injunction be immediately issued
ordering the Defendant, his family, successors, assigns
and all persons acting under him, to immediately vacate

the said parcel of land and return possession of the same

to the Plaintiff.

Other reliefs just and equitable under the premises are

likewise prayed for.
Date: January 12, 2015, Tacloban City, Philippines,

ATTY. MARY IVY M. PACALA

Counsel for the Plaintiffs
Roll of Attorneys No. 45627
IBP Lifetime Membership No.
8872
PTR No. 489923, issued on
12/6/12, Manila

VERIFICATION AND CERTIFICATION

REPUBLIC OF THE PHILIPPINES)
Province of Leyte) S.S.
City of Tacloban)
x-----------------------x
I, Carlen Go, of legal age, Filipino, single, and a resident of
Tacloban City, Philippines, after being sworn in accordance with
law, hereby depose and say:
That I represent the Plaintiffs in the above-entitled case; That
we have caused the preparation of the above Complaint and I
have read the same and knows the contents thereof; That the
allegations contained therein are true and correct of my own
personal knowledge.
That I further certify that: (a) I have not theretofore
commenced any other action or proceeding or filed any claim
involving the same issues or matter in any court, tribunal, or quasijudicial agency and, to the best of my knowledge, no such action or
proceeding is pending therein; (c) if I should thereafter learn that
the same or similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or any
other tribunal or quasi-judicial agency, I undertake to report such
fact within five (5) days therefrom to the court or agency wherein
the original pleading and sworn certification contemplated herein
have been filed.
IN WITNESS WHEREOF, I have hereunto set my hand this 10th
day of January 2015 atTacloban City, Philippines.

Carlene Go
AFFIANT

AFFIDAVIT OF MERIT
I, Carlene Go, of legal age, Filipino, single, and a resident of
Tacloban City, Philippines , after being sworn to in accordance
with law, depose and state:

1. That I represent the plaintiffs in the above-captioned case

filed against Spouses Sandoval before the Regional Trial
Court of Tacloban, Philippines;
2. That plaintiffs are the legal heirs of Pedro Go, the latter
being the true and registered owner of a certain parcel of
land situated in Brgy. 62-B Sagkahan, identified as Lot
5816B and covered by Original Certificate of Title No.
1123 of the Registry of Deeds for the Province of Leyte;
3. That since January 2000 Defendant spouses and his family
began to be in possession of the said property upon my
mere tolerance, as I had no immediate need of the said
property at that time;
4. That sometime in December 2003, I demanded from the
Defendant that he and his family vacate and return the
possession of the said property, but despite numerous
demands for him to vacate, the Defendant has remained
in illegal possession of the said land and, up to the
present, still retain such possession;
5. That the reasonable rental value of the said land is one
thousand five hundred pesos (P1,500.00) per month;
6. That Defendants continued illegal occupation of the
property and refusal to vacate the same and to peacefully
surrender possession thereof is working grave injustice
and causing damage to the undersigned;
7. That I am entitled to the reliefs demanded in my
complaint, and the whole or part of such relief consists in
the immediate delivery and surrender by the Defendant of
possession of the land to the undersigned;
8. That in the event that I am granted a writ of preliminary
mandatory injunction, I am ready, willing and able to post
a bond to answer for all damages that the Defendant may
sustain by reason of said injunction if the court should
finally decide that I am not entitled thereto.
IN WITNESS WHEREOF, I have hereunto set my hand this 10th
day of January 2015 in the Tacloban City, Philippines.
CARLENE GO
AFFIANT

SUBSCRIBED AND SWORN to before me, this 10TH of January,

by the Affiant who is personally known to me and/or whom I have
identified through competent evidence of identity and who
exhibited his/her Community Tax Certificate No. 1145-45454issued
at Tacloban City on January 2015.

ATTY. JAYSON G. AZURA,

CPA
NOTARY PUBLIC
Doc. No. ______;
Page No. ______;
Book No.______;
Series of 20____.