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    CivPro Case

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    jay
    This complaint was filed by the heirs of Jesus and Nelita Bermejo (Julius, Juliet, Juana, and Juanito Bermejo) against Oscar Cerrudo. The Bermejos have possessed a 5-hectare lot since 1975 and paid taxes on it until 2021, when a 9,500 square meter portion was reclassified under Cerrudo's name since 1995. When demanded to vacate, Cerrudo refused. The Bermejos are seeking to recover possession of the lot, payment of PHP 60,000 in legal fees from Cerrudo, and other equitable relief.

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    CivPro Case

    Uploaded by

    jay
    21 views2 pages
    This complaint was filed by the heirs of Jesus and Nelita Bermejo (Julius, Juliet, Juana, and Juanito Bermejo) against Oscar Cerrudo. The Bermejos have possessed a 5-hectare lot since 1975 and paid taxes on it until 2021, when a 9,500 square meter portion was reclassified under Cerrudo's name since 1995. When demanded to vacate, Cerrudo refused. The Bermejos are seeking to recover possession of the lot, payment of PHP 60,000 in legal fees from Cerrudo, and other equitable relief.

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    This complaint was filed by the heirs of Jesus and Nelita Bermejo (Julius, Juliet, Juana, and Juanito Bermejo) against Oscar Cerrudo. The Bermejos have possessed a 5-hectare lot since 1975 and paid taxes on it until 2021, when a 9,500 square meter portion was reclassified under Cerrudo's name since 1995. When demanded to vacate, Cerrudo refused. The Bermejos are seeking to recover possession of the lot, payment of PHP 60,000 in legal fees from Cerrudo, and other equitable relief.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    21 views2 pages

    CivPro Case

    Uploaded by

    jay
    This complaint was filed by the heirs of Jesus and Nelita Bermejo (Julius, Juliet, Juana, and Juanito Bermejo) against Oscar Cerrudo. The Bermejos have possessed a 5-hectare lot since 1975 and paid taxes on it until 2021, when a 9,500 square meter portion was reclassified under Cerrudo's name since 1995. When demanded to vacate, Cerrudo refused. The Bermejos are seeking to recover possession of the lot, payment of PHP 60,000 in legal fees from Cerrudo, and other equitable relief.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Republic of the Philippines

    Sixth Judicial Region

    REGIONAL TRIAL COURT

    Branch _____, Kalibo, Aklan

    Heirs of Spouses Jesus and Nelita Bermejo; namely Julius Bermejo; Juliet Bermejo; Juana
    Bermejo; and Juanito Bermejo,

    Plaintiffs,

    -versus-

    Oscar Cerrudo,

    Defendant.

    x - - - - - - - - - - - - - - - - - - - - - - - - -x

    Special Proceeding No. ________

    FOR: Recovery of Possession with Damages

    COMPLAINT

    PLAINTIFFS by counsel, respectfully states that:

    1. The plaintiffs are the children of spouses Jesus Bermejo and Nenita Bermejo. A copy of
    certificate of live birth of Julius Bermejo; Juliet Bermejo; Juana Bermejo; and Juanito
    Bermejo, are herein attached as Annex A, B, C, D, and E, respectively.

    2. That, the spouses Jesus Bermejo and Nenita Bermejo is the possessor of Lot No. 6589
    with an area of five (5) hectares, more or less, located at Sitio Awayon, Barangay
    Calatagan, Makato, Aklan since the year 1975 as evidenced by their first tax declaration
    which is herein attached as Annex F. Spouses Jesus Bermejo and Nenita Bermejo had
    been in open, continuous, exclusive, and notorious possession and occupation of
    alienable and disposable land of public domain under a bona fide  claim of ownership
    since the 1975 until the year 1981, when Jesus Bermejo, the last surviving spouse, is still
    alive. After the death of the spouses Jesus Bermejo and Nenita Bermejo, their children as
    herein plaintiffs, the successors in interest, were also in open, continuous, exclusive, and
    notorious possession and occupation of the said land.

    3. That, the heirs of spouses Jesus Bermejo and Nenita Bermejo continuously and
    diligently paid the tax declaration of the subject lot in the name of the above spouses
    after the death of the latter. A copy of latest tax declaration for the year 2015 is attached
    as Annex G.
    4. That, sometime on the January 2021 when one of the heirs, Julius Bermejo, paid the
    tax declaration for the subject lot, a portion of which was reclassified for tax declaration
    as Lot No. 6589-A with an area of 9,500 square meters, more or less, under the name of
    certain Oscar Cerrudo, the defendant, since the year 1995.

    5. That, the Lot No. 6589-A has an assessed value of four hundred twenty thousand pesos
    (Php 420,000.00) based on the latest year 2021 tax declaration which rightfully falls
    within the jurisdiction of this Honorable Court1.

    6. Immediately upon discovery of the reclassification of Lot No. 6589 and Lot No. 6589-A,
    the plaintiffs demanded to the defendant to vacate the said lot. A copy of plaintiff’s letter
    to defendant is attached as ANNEX H.

    7. Despite demand duly made and received, defendant has refused to vacate the
    premises and continues to occupy the lot without plaintiff’s consent. Resort to the
    Barangay conciliation system proved useless as defendant refused to appear before the
    Lupong Tagapamayapa. A Certification to File Action is attached as ANNEX I.

    8. Defendant’s act of dispossession has caused plaintiff to suffer injury because


    defendant’s continued occupation of the premises has also forced plaintiff to sue and to
    incur legal expenses amounting to Fifty Thousand Pesos (P60,000.00).

    WHEREFORE, plaintiff respectfully prays for judgment in its favor by ordering defendant to
    vacate the lot and peacefully turn over possession to plaintiffs and for defendant to pay
    plaintiff the amount of Sixty Thousand Pesos (Php 60,000.00) for Attorney’s fees.

    Other just and equitable reliefs are also prayed for.

    Kalibo, Aklan; 13 October 2022.

    Andree Morana

    AJ Ostan

    Aron Molina

    1
    Section 1, R.A. No. 11576

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