Republic of the Philippines

First Judicial Region

MUNICIPAL TRIAL COURT IN CITIES
Second Branch
Baguio City

GENESARETH HOMES
CORPORATION, herein
represented by ATTY.
PAULO A. CORPUZ, VICE-
PRESIDENT FOR
MARKETING AND SALES
DEPARTMENT,
Plaintiff,

- versus - Civil Case No. _________

For: Forcible Entry and
Damages
CICILIA FRANCES, her
successors-in-interest, assigns,
all other persons claiming
rights under their names
and/or acting on their behalf
and all those illegally
occupying the subject property.
Defendant.
x-----------------------------------x

COMPLAINT

Plaintiff, GENESARETH HOMES CORPORATION, by

counsel, unto this honorable court, respectfully states that:

THE PARTIES

1. Plaintiff Genesareth Homes Corporation (GHC), is a

Government-Owned-and-Controlled Corporation,
created and existing by virtue of Republic Act No.
8763, with principal office at Diamond Building, 300
Sen. Gil Puyat Avenue, Makati City, herein
represented by Atty. Paolo A. Corpuz, VP for
marketing and Sales Department (MSD), is of legal
age, Filipino, with the same office address, where he
may be served with summons and other process of
this Honorable Court as duly authorized
representative of the GHC by virtue of Board
Resolution No. 07-0001. A copy of the Board
Resolution is hereto attached as ANNEX “A”.

2. Defendant Cicilia Frances (“Frances”), her

successor-in-interest, assigns, all other persons
claiming rights under their names and/or acting on
their behalf and all those illegally occupying the
subject property, legal age, Filipino, and resident of
Lot 10, Block 1, Eagle Nest Villa Subdivision,
Barangay Bakakeng, Baguio City where she may be
served with summons and other processes of this
Honorable Court.

THE FACTS

3. Plaintiff GHC is the registered owner of Lot 10,

Block 1 covered by Transfer Certificate of Title T-010-
2010010010, a parcel of land situated at Eagle Nest
Villa Subdivision, Barangay Bakakeng, Baguio City.
A copy of the said TCT No. T-010-2010010010 is
hereto attached as ANNEX “B”.

4. Sometime in September 2015, Defendant Frances

informed Atty. Apollo J. Munoz of the GHC that she
is leasing a portion of Lot 10, Block 1, Eagle Nest Villa
Subdivision, Bakakeng, to Ms. Lynnie Antonette
Vino.

5. Defendant Frances was informed that occupying

that portion of lot is illegal considering that GHC did
not give any consent or authority to possess, occupy,
and use the subject property to any person.

6. Thus, defendant Frances was warned that should

she continue to possess, occupy, and use the subject
property, GHC will be constrained to file appropriate
case against her.

7. In the same month, Atty. Apollo A. Corpuz

conducted an onsite inspection on the subject
property. It was found out that the defendant
Frances is indeed actually occupying a portion of the
subject property and worse, made illegal
construction and/or improvements on the subject
property.

8. The construction on the said property was made

by the defendants surreptitiously and stealthily
entering the foregoing properties without the
knowledge, consent, and authority from GHC.

9. On 30 September 2017, GHC made a formal final

demand against Defendant Frances to vacate the
subject property within fifteen (15) days from the
receipt of the letter. Otherwise, GHC will commence
the filing of civil and criminal case against her to
protect its rights and interest over the subject
property. A copy of the said Demand Letter is hereto
attached as ANNEX “C”.

10. To date the demand went unheeded, thus

Plaintiff GHC is constrained to resort to legal action
to protect its interest and rights as a registered owner
of the subject property.

CAUSE OF ACTION

11. Plaintiff GHC has the right of possession of the

property being the registered and lawful owner of the
same. As held in the case of William Go vs. Alberto
T. Looyako, G.R. No. 196529, 1 July 2013:

“The Court has consistently upheld the

registered owners’ superior right to possess the
property in unlawful detainer cases. It is an old
rule that the person who has a Torrens Title over
a land is entitled on its possession. It has
repeatedly been emphasized that when the
property is registered under the Torrens System,
the registered owner’s title to the property is
presumed legal and cannot be collaterally
attacked, especially in a mere action for unlawful
detainer. It has been held that it does not even
matter if the party’s title to the property is
questionable.” (Emphasis supplied)
12. Defendants’ unlawful entry through the use of
stealth or strategy and the refusal of the Defendant
Frances to vacate the subject property despite
repeated demands and to return possession of the
same clearly violate Plaintiff’s right, for which the
latter is entitled to redress under the law. The
violation of Plaintiff’s right is damaging to Plaintiff as
it has been unable to fully exercise its right of
ownership and all other rights relative to the same.

13. Section 1, Rule 70 of the Rules of Court provides:

“SECTION 1. Who may institute proceedings,

and when.-Subject to the provisions of the next
succeeding section, a person deprived of the
possession of any land or building by force,
intimidation, threat, strategy, or stealth, or a
lessor, vendor, vendee, or other person against
whom the possession of any land or building is
unlawfully withheld after the expiration or
termination of the right to hold possession, by
virtue of any contract, expresss or implied, or the
legal representatives or assigns of any such
lessor, vendor, vendee, or other person may at
any time within one (1) year after such unlawful
deprivation or withholding of possession, bring
an action in the proper Municipal Trial Court
against the person or persons unlawfully
withholding or depriving of possession, or any
person or persons claiming under them, for the
restitution of such possession, together with
damages and costs.”

14. The Honorable Supreme Court in Felix Mediran

vs. Maximiano Villanueva et. al, G.R. No. L-
12838, also held:

“The foundation of the action is really the forcible

exclusion of the original possessor by person
who has entered without right. The words “by
force, intimidation, threat, strategy, or stealth”
including every situation or condition under
which one person can wrongfully enter upon real
property and exclude another, who has had prior
possession therefrom.
 15. Hence, the rights of possession and
ownership of GHC were violated by the
Defendant Frances when they unjustifiably and
illegally entered, occupied and constructed a
house on the subject property.

16. As a consequence of the unjustified conduct

of the Defendant Frances, motivated by gross
and evident bad faith, in refusing to vacate from
the property without valid or justifiable
grounds, defendants should be ordered to pay
GHC exemplary and nominal damages as may
be determined by the court.

PRAYER

WHEREFORE, Plaintiff GHC respectfully prays for

judgment in its favor ordering Defendant Frances, her
successor-in-interest, assigns, all other persons claiming rights
under their names and/or acting on their behalf and all those
illegally occupying the subject property:

1. To VACATE the portion of Lot 10, Block 1 covered by

Transfer Certificate of Title T-010-2010010010, a
parcel of land situated at Eagle Nest Villa
Subdivision, Barangay Bakakeng, Baguio City;

2. To DEMOLISH whatever constructions they have

erected at Lot 10, Block 1 covered by Transfer
Certificate of Title T-010-2010010010, a parcel of
land situated at Eagle Nest Villa Subdivision,
Barangay Bakakeng, Baguio City;

3. To PAY GHC exemplary and nominal damages as

may be determined by the court.

Other just and equitable reliefs are likewise prayed for.

BAGUIO CITY, PHILIPPINES, this 25th day of August,

2018.
 GENESARETH HOMES CORPORATION
The GHC Legal Group
Counsel for the Plaintiff
2nd Floor, Diamond Building
300 Sen. Gil Puyat Ave.
Makati City
Tel. No. [02]-897-3291

By:

Atty. Jennifer C. Aquino

Roll of Attorney’s No. 112674; June 8, 2014
IBP Lifetime Membership No. 324527; January 8, 2015;
Baguio City
PTR No. 34834; January 8,2016; Baguio City
MCLE Compliance No. IV-345; Issued August 13, 2017

Atty. Apolinario A. Bagano, Jr.

Roll of Attorney’s No. 153020; June 8, 2016
IBP Lifetime Membership No. 674849; January 7, 2017;
Baguio City
PTR No. 64748; January 8,2016; Baguio City
MCLE Compliance No. I-245; Issued August 13, 2017

Atty. Genesaret P. Camlas

Roll of Attorney’s No. 147892; June 9, 2015
IBP Lifetime Membership No. 567920; January 8, 2017;
Baguio City
PTR No. 587202; January 8, 2016; Baguio City
MCLE Compliance No. II-545; Issued August 16, 2018

Atty. Terry Rose L. Lumawig

Roll of Attorney’s No. 173020; June 8, 2017
IBP Lifetime Membership No. 674849; January 7, 2017;
Baguio City
PTR No. 64748; January 8, 2016; Baguio City
MCLE Compliance No. I-1245; Issued August 16, 2018

Atty. Joshua Paulo A. Ocampo.

Roll of Attorney’s No. 142085; June 8, 2015
 IBP Lifetime Membership No. 678191; January 8, 2016;
Baguio City
PTR No. 63839; January 8, 2016; Baguio City
MCLE Compliance No. II- 195; Issued August 16, 2018

Atty. Joan Frances C. Sales

Roll of Attorney’s No. 142094; June 8, 2015
IBP Lifetime Membership No. 567827; January 8, 2016;
Baguio City
PTR No. 57939; January 8, 2016; Baguio City
MCLE Compliance No. II-345; Issued August 16, 2018

VERIFICATION & CERTIFICATION ON NON-FORUM

SHOPPING

I, ATTY. PAULO A. CORPUZ, of legal age, Filipino, am with

address at Jade Building, 335 Sen. Gil J. Puyat Avenue, Makati
City, after being duly sworn, depose and state, that:

1. That I am the VP for Marketing and Sales Department

(MSD) of the Genesareth Homes Corporation (GHC), a
government-owned and controlled corporation, duly
existing by virtue of Republic Act No. 8763, with office
address at Jade Building, Gil Puyat Avenue, Makati City;

2. I have caused the preparation of the foregoing Complaint,

I have read and understood the allegations thereof and the
same are true and correct based on authentic documents;

3. Pursuant to GHC Board Resolution No. 05-2009, I am duly

authorized to sign or verify the foregoing as well sign the
certification against forum shopping;

4. I have not commenced any other action or proceeding

involving the same issued in the Supreme Court, Court of
Appeals, or any other tribunal or agency. Moreover, to the
best of my knowledge, no such action is presently pending
with, or has been terminated at, the Supreme Court, the
Court of Appeals, or any other tribunal agency;

5. I hereby undertake that should I hereafter learn that an

action or proceeding similar to that of the aforesaid claims
has been filed or is pending before the Supreme Court, the
Court of Appeals, or any other tribunal or agency, I shall
 report such fact within five (5) days from notice to this
Honorable Court as well as to the other tribunal and/or
agencies concerned.

In witness whereof, I have hereunto affixed my signature

this 25th day of August 2018 at Baguio City, Philippines.

ATTY. PAULO A. CORPUZ

Affiant
Passport No. GHX291204
Issued May 20, 2017; Expires May 20, 2022

SUBSCRIBED AND SWORN to before me in the City of

Baguio, Philippines this 19th day of May, 2018 by ATTY. PAULO
A. CORPUZ who presented to me his competent evidence of
identity with particulars above stated, who is the same person
who personally signed before me the foregoing Verification and
Certification of Non-Forum Shopping and acknowledged that he
executed the same.

ATTY. CATHRINE C. LAGODGOD

Notary Public in Baguio City
Until December 31, 2019
Roll of Attorney’s No. 73936; June 12, 2016
IBP Lifetime Membership No. 567827; January 8, 2017;
Baguio City
PTR No. 5793973; January 8, 2017; Baguio City
MCLE Compliance No. I-349; Issued September 29, 2017
Rm. 245, 2ND Floor, Puso ng Baguio, Session Road, Baguio
City
attorneycatie@gmail.com

Doc. No.
Page No.
Book No.
Series of 2018.