Complaint of Alexander Lizardo Versus Mauro Natividad

Republic of the Philippines
th
12 MUNICIPAL CIRCUIT TRIAL COURT
OF TAGUDIN-SUYO, ILOCOS SUR
First Judicial Region
Tagudin, Ilocos Sur
ALEXANDRO N. LIZARDO,
Plaintiff,
-versus- CIVIL CASE NO. ________

For: Recovery of Possession of Real
Property with Damages
MAURO NATIVIDAD,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - x
COMPLAINT
PLAINTIFF, through counsel, respectfully states that:
1. Plaintiff is a Filipino citizen, of legal age, single and resident and with
postal address at Brgy. Pudoc, East, Tagudin, Ilocos Sur;
2. Defendant is a Filipino citizen, of legal age, married and resident of and

with postal address at Brgy. Pudoc, East, Tagudin, Ilocos Sur where he may be
served with summons and other court processess;
3. Plaintiff is the owner of a parcel of land described as follows;
“An agricultural land with an area of 10,000

square meters located at Pudoc East, Tagudin,
Ilocos Sur bounded on the north by 06.07
(Lot Nos. 14080 and 14079), on the south by
Amburayan River, on the east by public land
Claimed by Cristito Natividad and on the west
by a public land claimed by Jose Barnachea;
assessed at Php 5,700.00 per Tax Declaration
No. 33-0034-00395 in the name of Alexandro
Lizardo, a copy of which is attached as Annex
“A” and made integral part hereof.”
4. Subject parcel of land was conveyed to herein plaintiff by virtue of a

donation inter vivos executed by ______________, his _____________and a
Complaint for Recovery of Possession of Real Property with Damages; Lizardo v. Natividad
Page 1 of 4
copy of the conveyance is hereby attached and marked as Annex “B” and made
integral part hereof;
5. Plaintiff and his predecessors-in-interest had been in peaceful and

ownership of the subject parcel of land which they had been planting with trees
and vegetables;
6. Sometime on August 9, 2014, however, the defendant, aided by some

persons and with the use of force and strategy, entered the above-described
parcel of land and fenced it thereby depriving him of the possession thereof
without any justifiable ground; that same day, he reported the incident to the
police in Tagudin, Ilocos Sur, a copy of the police blotter is attached as Annex
“C” and made integral part hereof;
7. They being relatives, plaintiff diligently exerted efforts to arrive at an

amicable settlement with the defendant but to do avail; then he referred the
matter to the Punong Barangay of Pudoc East, Tagudin, Ilocos Sur but due to the
intransigence of the defendant, no settlement was arrived at, thus, he was issued
a Certification to File Action, a copy of which is attached as Annex “D” and
made integral part hereof;
8. It took the plaintiff some time to file this complaint due to financial
constraint and with the hope that the matter will be resolved amicably with the
respondent through time;
9. Despite the lapse of time, the defendant appears vent on illegally

occupying continuously plaintiff’s property to his prejudice and disadvantage;
10. Herein plaintiff/complainant has religiously paid the realty taxes over the
subject property until to date and copies of the receipts for the payment thereof
are hereby attached and marked as Annexes “E” and series and made integral
part hereof;
11. It is now the desire of plaintiff to have the parcel of land of

approximately 10,000 square meters more or less, now in the possession of the
defendant be returned to him by reason of law and justice;
12. Demand letters by the plaintiff to herein respondent has been sent asking
him to to vacate the property of herein plaintiff and to restore possession of the
same to the latter but to no avail as the former continues to occupy the property
subject of this case and copies of the two (2) demand letters dated, ______ and
________, respectively sent to the respondent are hereby attached and marked as
Annexes “F” and “F-1” and made integral part hereof;
13. Due to the unwarranted and unlawful acts of the defendant in taking
possession of the above-described parcel of land from the plaintiff by force and
strategy, thus depriving the latter of his right to possession and dominion over
the subject property, and despite inter-family conciliation and earnest efforts
exerted by herein plaintiff, he is left with no other recourse but to file this instant
suit, wherein he was constrained to hire the services of counsel to whom he is
obligated to pay the sum of Php20,000.00 as acceptance fee plus Php2,000.00
Page 2 of 4
per court appearance and will incur other related litigation expenses amounting
to no less than Php15,000.00;
14. That by reason of this case, plaintiff has suffered and continuously
suffers mental anxiety, sleepless nights and wounded feelings, defendant should
be made liable to pay moral damages in the amount of Php50,000.00 and
exemplary damages in the amount of Php50,000.00 to deter the public from
doing the same acts of the plaintiff;
15. That by reason of defendant’s illegal dispossession of herein plaintiff’s

real property as herein described, the former be ordered to pay the latter the
amount of Php2,000.00 per month of dispossession from August 2014 until final
resolution of this case as rental thereof.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed that after due

notice and hearing, judgment be rendered in favor of the plaintiff and against the
defendant as follow:
1) By ordering the defendant to restore possession of the land in question to

the plaintiff;
2) By directing the defendant to pay him litigation expenses in the amount

of Php15,000.00; attorney’s fees in the sum of Php20,000.00; and appearance
fee per hearing at Php2,000.00;
3) By ordering the defendant to pay the amount of Php2,000.00 per month

of dispossession from August 2014 until final resolution of this case;
4) By directing the defendant to pay moral damages in the amount of

Php50,000.00 and exemplary damages in the sum of Php20,000.00;
5) By ordering the defendant to pay the cost of suit; and
6) Other reliefs and remedies just and equitable under the premises.
San Fernando City for Tagudin, Ilocos Sur, ____________, 2018
ATTY. REYNALDO M. MOSUELA

ATTY. JAIME C. GONZALES, JR.
Counsel for the Plaintiff/Complainant
MOSUELA-GONZALES LAW OFFICE
NORTESURLU Bldg., Purok 3, Sevilla
San Fernando City, La Union
By:
Page 3 of 4
ATTY. JAIME C. GONZALES, JR.
IBP Roll No. 68552; O.R. No. 2548591, 01/03/2018
PTR No. 1068453, December 18, 2017 (SFLU)
TIN No. 102052434; MCLE Compliance(New Lawyer)
VERIFICATION AND CERTIFICATION
I, ALEXANDRO N. LIZARDO, Filipino citizen, of legal age, single and

resident and with postal address at Brgy. Pudoc, East, Tagudin, Ilocos Sur, after
having been duly sworn in accordance with law, depose and say that:
I have caused the preparation and filing of the foregoing complaint with all
the facts and circumstances supplied by me and that to the best of my personal
knowledge and belief, the allegations therein are true and correct based from
authentic records and documents;
I hereby certify that I have not commenced nor instituted any other action or
proceeding involving the same issue in the instant case before the Supreme
Court, Court of Appeals or any tribunal or agency and that to the best of my own
knowledge, no such action or proceeding is pending thereat; and
If I thereafter learn that a similar action or proceeding has been filed or is

pending before the Supreme Court, Court of Appeals, or any tribunal or agency,
I undertake to report such fact within five (5) days therefrom to the court or
agency where this complaint and certification are filed.
ALEXANDER N. LIZARDO
Plaintiff/Complainant
SUBSCRIBED AND SWORN to before me this ____ day of

_____________, 2018 and affiant have exhibited to me his
_______________________________ at _________________, La Union.
________________________
Notary Public
Page 4 of 4

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Republic of the Philippines

-versus- CIVIL CASE NO. ________

PLAINTIFF, through counsel, respectfully states that:

2. Defendant is a Filipino citizen, of legal age, married and resident of and

3. Plaintiff is the owner of a parcel of land described as follows;

“An agricultural land with an area of 10,000

4. Subject parcel of land was conveyed to herein plaintiff by virtue of a

5. Plaintiff and his predecessors-in-interest had been in peaceful and

6. Sometime on August 9, 2014, however, the defendant, aided by some

7. They being relatives, plaintiff diligently exerted efforts to arrive at an

9. Despite the lapse of time, the defendant appears vent on illegally

11. It is now the desire of plaintiff to have the parcel of land of

15. That by reason of defendant’s illegal dispossession of herein plaintiff’s

WHEREFORE, premises considered, it is respectfully prayed that after due

1) By ordering the defendant to restore possession of the land in question to

2) By directing the defendant to pay him litigation expenses in the amount

3) By ordering the defendant to pay the amount of Php2,000.00 per month

4) By directing the defendant to pay moral damages in the amount of

5) By ordering the defendant to pay the cost of suit; and

San Fernando City for Tagudin, Ilocos Sur, ____________, 2018

ATTY. REYNALDO M. MOSUELA

VERIFICATION AND CERTIFICATION

I, ALEXANDRO N. LIZARDO, Filipino citizen, of legal age, single and

If I thereafter learn that a similar action or proceeding has been filed or is

SUBSCRIBED AND SWORN to before me this ____ day of

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