Republic of the Philippines

REGIONAL TRIAL COURT

6th Judicial Region
Branch 68
P.D. Monfort North
Dumangas, Iloilo
-oOo-

_______________________________,
Plaintiff,

CIVIL CASE NO.________________

-versus For: Payment of Just
Compensation or
Recovery of Possession
and Damages.
_________________________________,
Defendants.
x-------------------------------------------..x

COMPLAINT

COMES NOW, PLAINTIFF, through the undersigned counsel and to

this Honorable Court most respectfully states:

1. Plaintiff is of legal age, ___________, Filipino, and a resident of

_____________________________________. Plaintiff has executed a Special Power
of Attorney in favor of several persons as indicated in the Special Power
of Attorney, a copy of which is attached as Annex “A”, who will
represent him in all the stages of the proceedings of this case;

2. Defendant Republic of the Philippines is represented by the

Solicitor General with office at 134 Amorsolo Street, Legaspi Village,
Makati City, Metro-Manila, where he may be served with summons and
other judicial processes. Defendant Department of Public Works and
Highways (defendant DPWH) is a department of the executive branch of
the Philippine government solely vested with a mandate to be the
state’s engineering and construction arm tasked, among others, with the
construction and maintenance of all infrastructures, facilities, public
works and highways. Defendant is represented by Honorable Secretary
Mark A. Villar with address at South Harbor, Metro Manila, who may be
served with summons and other processes of the Honorable Court
through the Regional Director, DPWH, Region 6, Fort San Pedro, Iloilo
City;

3. Defendant Province of Iloilo (Defendant Province) is a local

government unit in charge of governance or performance of
governmental and proprietary functions of the province including the
construction and maintenance of provincial roads, bridges and other
infrastructures. Said Defendant is represented by Honorable Governor
Arthur D. Defensor whose office is located at the Provincial Capitol
Building, Bonifacio Drive, Iloilo City where it may be served with
summons and other judicial processes;

4. Plaintiff is the absolute and registered owner of a parcel of

land, known as Lot No. ______________, covered by Transfer Certificate of
Title No. __________________ with an area of ___________ square meters
located at _______________________ and by Tax Declaration No. ____________
copies of which are hereto attached and marked as Annexes “B” and “C”,
respectively, and forming as integral parts hereof;

5. Plaintiff has been religiously paying real estate taxes since

time immemorial up to the present as shown by Official Receipt No.
___________________ and Tax Clearance both issued by the Municipal
Treasurer of _______________________, Iloilo, copies of which are hereto
attached and marked as Annexes “D” and “E”, respectively, and forming
as integral parts hereof;

6. The Approved Consolidation-Subdivision Plan of subject

land depicting 4131-A, 4131-B and 4131-C known as Lot 2, Lot 3 and
Lot 4 affected by the construction and concreting of Lublub-Calao-
Cansilayan Road situated in Calao, Dumangas, Iloilo is hereto attached
and marked as Annex “F” and forming as an integral part hereof. Lot 3
(4131-B with an area of 619 sq. ms.) refers to the area of existing
Provincial Road while Lot 2 (4131-A with an area of 375 sq. ms.) and
Lot 4 (4131-C with an area of 250 sq. ms.) refers to the widening of
both sides of the subject road after the same was allegedly converted to
a national highway;

7. In the exercise of its power of eminent domain, the State is

duty-bound to comply with certain procedural requirements. The
Government is required to institute expropriation proceedings against
property owners affected who should be afforded a day in court as part
of due process. In the case at bar, without first filling a case for
expropriation in the exercise of its power of imminent domain,
Defendants have summarily confiscated the property of Plaintiff
without the payment of just compensation, in gross violation of the
Constitution, law and jurisprudence;

8. On one hand, Defendant Department of Public ways and

Highways (DPWH) has decided not to pay just compensation as shown
by the Letter dated February 19, 2016 sent by its District Engineer
______________________ to __________________________________, stating the
Plaintiff’s claim “should not be paid” by Defendant DPWH, a copy of
which is hereto attached and marked as Annex “G” and forming as an
integral part hereof;

9. On the other hand, Defendant Province of Iloilo had likewise

indicated not to pay just compensation to Plaintiff as shown by its
Certification dated _____________________ issued by the Office of the
Provincial Engineer, stating “that Lublub-Calao-Rosario-Cansilayan
Road, at the Municipality of Dumangas is not included in the official list
of Provincial Roads in the Province of Iloilo, as same was converted into
a national road thru Batas Pambansa Bilang 724, and as such, any claim
for just compensation of lots affected by subject road could not be
facilitated by the Iloilo Provincial Government”, a copy of said
Certification is hereto attached and marked as Annex “H” and forming as
an integral part hereof;

10. Thus it is clearly demonstrated the both Defendants had

played “volleyball” or made a run around on Plaintiff’s claim for just
compensation as far as Lot 3 (4131-B with an area of 619 sq. ms.) is
concerned.

11. It is Plaintiff’s respectful submission that without payment

of just compensation, he is entitled to recovery of possession of the
property in question (Lot 2, Lot 3, and Lot 4 with a total area of 1,244
sq. ms.) which is a portion of his parcel of land with TCT No. T-090-
2013100856, in the light of the pertinent constitutional provisions and
Supreme Court ruling in the case of Republic of the Philippines,
General Romeo Zulueta, Commodore Edgardo Galeos, Antonio
Cabaluna, Doroteo Mantos and Florencio Belotindos, petitioners,
vs. Vicente G. Lim, respondent, G.R. No. 161656, a portion of which
runs, thus:

“In summation, while the prevailing doctrine is that the

non-payment of just compensation does not entitle the private
landowner to recover possession of the expropriated lots, however, in
cases where the government failed to pay just compensation within
five (5) years from the finality of the judgment in the expropriation
proceedings, the owners concerned shall have the right to recover
possession of their property. This is in consonance with the principle
that the government cannot keep the property and dishonor the
judgment. To be sure, the five-year period limitation will encourage the
government to pay just compensation punctually. This is keeping with
justice and equity. After all, it is the duty of the government, whether it
takes property from private persons against their will, to facilitate the
payment of just compensation. In Cosculluela V. Court of Appeals, we
defined just compensation as not only the correct determination of the
amount to be paid to the property owner but also the payment of the
property within a reasonable time. Without prompt payment,
compensation cannot be considered just.”

12. Despite repeated verbal and written demands, defendants

obstinately failed and refused to pay Plaintiff’s property with just
compensation as mandated by law, which is estimated at PHP2,000.00
per square meter. A copy of the final demand letter dated March 15,
2016, is attached as Annex “I”;

13. To prosecute his valid, just and legitimate cause or causes

of action, Plaintiff was constrained to engage the services of the
undersigned counsel for P100,000.00 as Attorney’s Fees and P3,000.00
per appearance and incurred P50,000.00 as litigation and other
incidental expenses;
 14. By reason of the obstinate failure and refusal by
Defendants to pay him just compensation, Plaintiff has suffered from
mental anguish, besmirched reputation, sleepless nights, wounded
feelings and the like entitling him to the payment of moral, exemplary
and other damages in such amount as may be proved during the trial of
the case;

15. The plaintiff has furnished the Office of the Solicitor

General a copy of the complaint, as shown by the Affidavit of Service
attached as Annex “J”.

WHEREFORE, premises considered, it is most respectfully

prayed the judgment be rendered in favor of Plaintiff and against the
Defendants, as follows:

1. Ordering Defendant Province of Iloilo and/or Defendant

Department of Public Works and Highways to pay Plaintiff, just
compensation over a portion of Lot 4131 with TCT No. T-090-
2013100856, specifically Lot 3 (4131-B) with an area of 619 square
meters corresponding to the provincial road which was allegedly
converted to national highway in the amount of P2,000.00 per square
meter or in such amount as this Honorable Court may fixed plus interest
at the rate of 12% per annum from the date of taking until the date of
full payment thereof;

2. Ordering Defendant Department of Public Works and

Highways to pay Plaintiff just compensation in the amount of P2,000.00
per square meter or in such amount as this Honorable Court may fix,
corresponding to the road widening project, Lot 2 (4131-A) and Lot 4
(4131-D), with a total area of 625 square meters which is a portion of
Lot 4131 with TCT No. T-090-2013100856 plus interest at the rate of
12% per annum from the date of taking until the date of full payment
thereof;

3. IN THE ALTERNATIVE, by virtue of Defendants’ failure to

file petition for expropriation proceeding and to pay promptly just
compensation of subject property with corresponding interest, Plaintiff
herein most respectfully pray of this Honorable Court that his prayer for
recovery of possession be granted;

4. In any of the causes of the action that may be proven during

trial, ordering Defendants, jointly and severally, to pay Plaintiff the sum
of P100,000.00 for and as attorney’s fees and P50,000.00 for legal and
incidental expenses;

5. Ordering Defendants, jointly and severally, to pay Plaintiff

actual, moral, exemplary and other damages at such amount as may be
proved during the trial of this case.

Plaintiff further prays for such other reliefs and remedies which
to its discretion this Honorable Court may deem just and equitable
under the premises.
Iloilo City, Philippines, May 8, 2017.