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Republic of the Philippines

FOURTH JUDICIAL REGION


REGIONAL TRIAL COURT OF BROOKE’S POINT
PROVINCE OF PALAWAN
Branch 165

BARANGAY ISUMBO, SOFROÑO Special Civil Case No. _____


ESPAÑOLA, PALAWAN,
Represented by Barangay
Captain, ERNESTO
PAZZIUAGAN,
Plaintiff,
– versus – For: Expropriation
Heirs of EBBAH JAMILI,
represented by their attorney-in-
fact ROMY A. JAMILI and
SAMSUDDIN S. HANAPI,
Defendants.

x—————————————x

COMPLAINT

PLAINTIFF, by counsel unto this Honorable Court most


respectfully states, that

PREFATORY STATEMENT

1. Eminent domain is the right or power of a sovereign state to


appropriate private property to particular uses to promote
public welfare. It is an indispensable attribute of sovereignty;
a power grounded in the primary duty of government to serve
the common need and advance the general welfare. Thus, the
right of eminent domain appertains to every independent
government without the necessity for constitutional
recognition. The provisions found in modern constitutions of
civilized countries relating to the taking of property for the
public use do not by implication grant the power to the
government, but limit a power which would otherwise be

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without limit. Thus, our own Constitution provides that
“[p]rivate property shall not be taken for public use without
just compensation.” Furthermore, the due process and equal
protection clauses act as additional safeguards against the
arbitrary exercise of this governmental power.1

2. The power of eminent domain is essentially legislative in


nature. It is firmly settled, however, that such power may be
validly delegated to local government units, other public
entities and public utilities, although the scope of this
delegated legislative power is necessarily narrower than that
of the delegating authority and may only be exercised in strict
compliance with the terms of the delegating law.2

3. The basis for the exercise of the power of eminent domain by


local government units is section 19 of RA 7160 which
provides that:

“A local government unit may, through its chief


executive and acting pursuant to an ordinance,
exercise the power of eminent domain for public
use, purpose, or welfare for the benefits of the poor
and the landless, upon payment of just
compensation, pursuant to the provisions of the
Constitution and pertinent laws; Provided,
however, That the power of eminent domain may
not be exercised unless a valid and definite offer
has been previously made to the owner, and such
offer was not accepted; Provided, further, That the
local government unit may immediately take
possession of the property upon the filing of the
expropriation proceedings and upon making a
deposit with the proper court of at least fifteen
percent (15%) of the fair market value of the
property based on the current tax declaration of the
property to be expropriated; Provided, finally, That
the amount to be paid for the expropriated property
shall be determined by the proper court, based on

1
Heirs of Alberto Suguitan vs. City of Mandaluyong, 328 SCRA 137, G.R. No. 135087 March 14, 2000
2
Id.

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the fair market value at the time of the taking of the
property.3 ”

THE PARTIES

4. Plaintiff BARANGAY ISUMBO, Sofronio Española, Palawan,


is a Local Government Unit created and existing under our
laws and as such is a body politic and corporate, with powers
as political subdivision of the national government and as a
corporate entity representing the inhabitants of its territory.
It is represented in this proceeding by its incumbent Punong
Barangay Hon. Ernesto C. Pazziuagan 4 pursuant to
Barangay Ordinance No. 02 Series of 20195;

5. Defendants are the Heirs of EBBAH JAMILI, the registered


owner and his successors and assigns of the property covered
by ORIGINAL CERTIFICATE OF TITLE NO. E-2889 6
specifically Lot No. 423, Pls – 618 - D7. The surviving heirs
are as follows:1.) ISDAH A. JAMILI, of legal age, widow,
Filipino and a resident of Bgy. Isumbo, Sofronio Española,
Palawan; 2.) MAIRA J. CABOTEHA, of Legal age, married to
William Caboteha, Filipino and a resident of Bgy. Isumbo,
Sofronio Española, Palawan; 3.) ESTATE OF RONLIE A.
JAMILI, represented by the heirs, namely: a.) Gina B. Jamili,
of legal age, widow, Filipino and a resident of Bgy. Isumbo,
Sofronio Española, Palawan; b.) Jinger B. Jamili, of legal age,
married to Freely Alejandro, Filipino and a resident of Bgy.
Isumbo, Sofronio Española, Palawan; c.) Jerome B. Jamili, of
legal age, single, Filipino and a resident of Bgy. Isumbo,
Sofronio Española, Palawan; d.) Jayson B. Jamili, of legal age,
single, Filipino and a resident of Bgy. Isumbo, Sofronio
Española, Palawan; e.) Jiven B. Jamili, of legal age, single,
Filipino and a resident of Bgy. Isumbo, Sofronio Española,
Palawan; f.) Jicron B. Jamili, of legal age, Filipino and a

3
Id
4
Punong Barangay Pazziuagan for brevity
5
Barangay Ordinance No. 2 Series of 2009 is herein attached as Annex A of this Complaint and made an
integral part thereof.
6
Original Certificate of Title No. E – 2889 is herein attached as Annex B
7
Lot No. 423, Pls – 618 – D is herein marked as Annex B - 1

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resident of Bgy. Isumbo, Sofronio Española, Palawan; g.)
Jebrael B. Jamili, of legal age, single, Filipino and a resident
of Bgy. Isumbo, Sofronio Española, Palawan; 4.) AREZZA A.
JAMILI, of legal age, married to Meretchel J. Jamili, Filipino
and a resident of Bgy. Isumbo, Sofronio Española, Palawan;
5.) ARINZA J. CAJOLO, of legal age, married to Jose Alpabite,
Filipino and a resident of Bgy. Isumbo, Sofronio Española,
Palawan; 6.) NADALIH A. JAMILI, of legal age, married to
Silina Tadang, Filipino and a resident of Bgy. Isumbo,
Sofronio Española, Palawan; 7.) ALINSA J. CELESTIAL, of
legal age, married to Goerge C. Celestial, Filipino and a
resident of Bgy. Isumbo, Sofronio Española, Palawan;

6. The Defendant HEIRS OF EBBAH JAMILI is represented


herein by their ATTORNEYS-IN-FACT 8 in the person of
ROMY A. JAMILI resident of Bgy. Isumbo, Sofronio,
Española, Palawan and SAMSUDDIN S. HANAPI, both
resident of Bgy, Isumbo, Sofronio, Española, Palawan, where
the process of this court can be served.

FACTS

7. Sometime in 1993 the Barangay Government of Barangay


Isumbo intended for the purchased of Lot 15086-B CAD-796-
D which is a portion of Lot 423 Pls-618-D and on which the
current Barangay site is located which is lawfully possessed
by Mr. SARRIOD KABANG9 also known as “Deol Cabang.”

8. Mr. Kabang evidenced of ownership over the Lot is a Tax


Declaration issued in his name with T.D. No. 18-22-004-
006210.

9. Then on November 20, 1993 the Barangay Government of


Barangay Isumbo finalized the sale of the land subject of this
complaint from Mr. Kabang then described as a parcel of land

8
Irrevocable Special Power of Attorney is herein attached as Annex C
9
Mr. Kabang for brevity
10
Tax Declaration issued in the name of Mr. Sarriod Kabang is herein attached as Annex D

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with an area of more or less ONE HECTARE (1 ha) for a
consideration of THIRTEEN THOUSAND PESOS (₱13,000).

10. The abovementioned sale between the Barangay


Government of Isumbo and Mr. Kabang pave the way for the
construction of various infrastructures in the lot subject of
this complaint but not limited to the Barangay Hall and
Barangay Amphitheater11.

11. Inadvertently, the sale of the land between the Barangay


Government of Barangay Isumbo and Mr. Kabang on
November 20, 1993 was never properly processed by the
officials of the Barangay Government of Isumbo nor was
there any verification or survey made to establish the
purchased lands metes and bounds.

12. And only on January 3, 2017 that Mr. Kabang executed


before then Punong Barangay Jerry M. Baladhay a
KATUNAYAN NG BINTAHAN NG LUPA 12 in favor of the
Barangay Government of Isumbo witness by ABDURASIL
CABANG, MARIETTA G. ULANO and DESIDERIO M.
BALADHAY.

13. For the expansion of the Barangay site, on June 14, 1999
the Barangay Council of Barangay Isumbo with the help of
the Municipal Government of Sofronio Española then
represented by its former Mayor Hon. IBER A. CHOU,
purchased a parcel of land comprising of FIVE THOUSAND
SQUARE METERS from Mr. RICARDO A. CAJOLO, for and in
consideration of Forty Thousand Pesos (₱40,000.00), covered
by Transfer Certificate of Title No. TC - 3713 as an additional
lot for the Barangay Plaza of Barangay Isumbo evidenced by
Municipal Resolution No. 99 - 6814 and Deed of Sale15.

11
Pictures of various infrastructure and buildings is herein attached as Annex C1 to C10
12
Katunayan ng Bintahan ng Lupa is herein attached as Annex D
13
Transfer Certificate of Title No. TC – 37 is herein attached as Annex E
14
Municipal Resolution No. 99-68 is herein attached as Annex F
15
Deed of Sale is herein attached as Annex G

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14. For the longest time the Barangay Government of
Barangay Isumbo establishes and exercised occupation,
possession and ownership over the parcel of land bought
from Mr. Kabang covered by T.D. No. 18-22-004-0062.

15. After the passage of time, the herein Defendants made


known to the Barangay Government of Barangay Isumbo that
the parcel of land where the Barangay site is located and
bought from Mr. Cabang is actually part of Lot No. 423, Pls-
618-D and covered by Original Certificate of Title (OCT) No.
E-288916 of the Register of Deeds for the Province of Palawan
Palawan registered in the name of Mr. Ebbah Jamili.

16. Then on or about 3:00 am in the morning of May 12, 2018,


the Heirs of Ebbah Jamili fenced 17 the road going to the
Barangay site, thus barring the Sangguniang Barangay of
Barangay Isumbo to enter the Barangay Hall and use other
buildings and structures at the Barangay site and thus
impairing the delivery of public services to the people.

17. Due to the fencing of the road going to the Barangay site,
the session of the Sangguniang Barangay of Barangay
Isumbo and all other services being rendered by the
Barangay Government of Barangay Isumbo were temporarily
being held at the residence 18 of Punong Barangay
Pazzuiagan.

18. The improvements and developments introduced by the


Barangay in the portion of the parcel of land subject of this
complaint, involved public funds, and the delivery of public
service and interest of the residence are affected hence, there
is a need to secure the ownership and title over the said
property by the Barangay Government of Isumbo.

19. For the purpose of consummating the ownership by the


Barangay of the portion of the parcel of land subject of this

16
Original Certificate of Title No. E-2889 is herein attached as Annex H
17
Pictures of fencing the road to the Barangay Hall is herein attached as Annex I1 to I4
18
Photos of the Temporary Barangay Hall is herein attached Annex J

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complaint which it has been occupying and possessing since
1993, there is a pressing need to acquire the same through
legal method and within the rules prescribed by the
Commission on Audit on proper spending of funds.

CAUSE OF ACTION

20. Despite the existence of this legislative grant in favor of


local governments, it is still the duty of the courts to
determine whether the power of eminent domain is being
exercised in accordance with the delegating law. In fact, the
courts have adopted a more censorious attitude in resolving
questions involving the proper exercise of this delegated
power by local bodies, as compared to instances when it is
directly exercised by the national legislature.19

21. The courts have the obligation to determine whether the


following requisites have been complied with by the local
government unit concerned:

1) An ordinance is enacted by the local legislative council


authorizing the local chief executive, in behalf of the
local government unit, to exercise the power of eminent
domain or pursue expropriation proceedings over a
particular private property.

2) The power of eminent domain is exercised for public


use, purpose or welfare, or for the benefit of the poor
and the landless.

3) There is payment of just compensation, as required


under Section 9, Article III of the Constitution, and
other pertinent laws.

4) A valid and definite offer has been previously made to


the owner of the property sought to be expropriated, but
said offer was not accepted.

19
Heirs of Alberto Suguitan vs. City of Mandaluyong, 328 SCRA 137, G.R. No. 135087 March 14, 2000

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22. On January 4, 2019 after due deliberation the
Sangguniang Barangay of Barangay Isumbo enacted
Barangay Ordinance No. 02, Series of 201920 entitled an “AN
ORDINANCE AUTHORIZING HONORABLE BARANGAY
CAPTAIN ERNESTO C. PAZZIUAGAN TO INITIATE AND FILE
EXPROPRIATION PROCEEDINGS FOR CONSUMING THE
OWNERSHIP AND POSSESSION BY THE GEVERNMENT OF
ISUMBO ESPAÑOLA, PALAWAN OVER THE 11,422 SQUARE
METERS PRIVATE PROPERTY A PORTION UNDER LOT NO.
423 COVERED BY ORIGINAL CERTIFICATE OF TITLE NO. E-
2889 AND TO SEEK THE ASSISTANCE OF THE PROVINCIAL
LEGAL OFFICE FOR THE SAID PURPOSE.”

23. The current Barangay site upon the which the Barangay
Hall, Barangay Health Centers and among other structures
is located in the parcel of land subject of this complaint since
1993.

24. The Barangay Government of Barangay Isumbo intends to


do further development in the parcel of land subject of this
complaint for a more efficient and effective delivery of
necessary services to the people of Barangay Isumbo.

25. The Barangay Government of Barangay Isumbo enacted


Barangay Ordinace No. appropriating the amount of THREE
HUNDRED THOUSAND PESOS (₱300,000.00) as payment of
just compensation for the parcel of land.

26. The Barangay Government of Barangay Isumbo made a


valid and definite offer to the Defendants on October 15,
2018, through Atty. Ariel A. Abis, Attorney IV, from the
Provincial Legal Office, as the counsel for the Barangay
through a letter 21 offer course through Atty. Nixon T.
Ramirez, counsel for the Defendants, offering the amount of
THREE HUNDRED THOUSAND PESOS (₱300,000.00) for the
purchase of the portion of the parcel of land subject of this

20
Barangay Ordinance No. 2 Series of 2019 is herein attached as Annex K
21
Letter Offer is herein attached as Annex L

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complaint on which the Barangay site is located but to which
no reply letter was given.

27. Thereafter on December 18, 2018, a conference was


conducted between the Barangay Government of Barangay
Isumbo and the herein Defendants held at the temporary
Barangay Hall and also the residence of Punong Barangay
Pazziuagan.

28. Present at the conference22 on December 18, 2018 were


Punong Barangay Pazziuagan, members of the Sangguniang
Barangay of Barangay Isumbo, Rome A. Jamili, Samsuddin
S. Hanapi, Atty. Nixon Ramirez and personnel from the
Provincial Legal Office.

29. As reflected in the Minutes of the Conference 23 parties


failed to arrive to an agreement, thus the negotiation for the
supposed sale has ended and considered closed.

30. On January 16, 201924, Romy A. Jamili and Samsuddin


S. Hanapi, in behalf of the Defendants, demanded to vacate
the said lot occupied by Barangay Isumbo though a letter
dated January 16, 2019 thus evidencing their definite refusal
of the offer made by the Barangay Government of Barangay
Isumbo.

31. Thus, the formal requisites for the exercise of the power of
eminent domain and the elements of the taking mentioned
above have already been accomplished and the only
remaining act to be done is the filing of an expropriation
proceedings and payment of just compensation.

32. Moreover, plaintiff had already occupied and used the


properties as Barangay Hall and Barangay site since 1993,
thus satisfying the element of taking.

22
Attendance of the December 18, 2018 conference is herein attached as Annex M
23
Minutes of the Conference is herein attached as Annex N
24
Letter to vacate is herein attached as Annex O

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33. Plaintiff is willing and able to pay Defendants the full and
fair equivalent of the property sought to be expropriated or
such amount as maybe determined by this Honorable Court
at the year of taking.

34. Furthermore, the subject property is mortgaged with the


Development Bank of Philippines (DBP) for FIFTY
THOUSAND PESOS (₱50,000.00) indicated as an annotation
with Entry No. 6904725 at the back of its title.

PRAYER

WHEREFORE, premises considered, it is most respectfully


prayed that after hearing and notice, judgment shall be
issued ordering:

1. The expropriation of Lot 15086-B CAD-796-D which is a


portion of Lot 423 Pls-618-D, covered by Original
Certificate of Title (OCT) No. E-2889 and declare that the
ownership thereof be transferred in the name of Barangay
Isumbo, Sofronio Española, Palawan, upon payment of
just compensation.

2. For the Development Bank of the Philippines to surrender


Original Certificate of Title (OCT) No. E-2889 for the proper
facilitation of the delineation of Lot 15086-B CAD-796-D
which is a portion of Lot 423 Pls-618-D transfer of
ownership thereof in the name of Barangay Isumbo,
Sofronio Española, Palawan, upon payment of just
compensation

It is further prayed that after notice and hearing a writ of


possession with special order of demolition be issued to remove
the fences constructed and to return the plaintiff in possession,
upon making a deposit of at least fifteen percent (15%) of the
fair market value of the property based on the current tax
declaration of the property.

25
Entry No. 69047 is herein attached and marked as Annex B - 2

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Other reliefs just and equitable under the circumstances
are equally prayed for.

This _____ day of January 2019 at Puerto Princesa City.

PROVINCIAL LEGAL OFFICE


Counsel for the Respondent
3rd Floor, Capitol., Fernandez St.,
Puerto Princesa City, Palawan

By:

ATTY. ARIEL A. ABIS


Attorney IV
PRT. No. 4974372;01-04-18/Puerto Princesa City, Palawan
IBP No. 1028736; 12-30-17/Puerto Princesa City/Palawan
Attorney’s Roll No. 67114
MCLE Governing Board
Order No 1, Series of 2008
Admitted to the Bar May 23, 2017

VERIFICATION AND CERTIFICATION AGAINST NON


FORUM SHOPPING

I, ERNESTO PAZZIUAGAN, under oath , depose and state


THAT:

1. I am the Punong Barangay of Isumbo, Española, Palawan


and I have caused the preparation of the petition pursuant
to Bgy. Ordinance No.02 Series of 2019 and that the
statement of facts contained therein are true and correct of
my own personal knowledge.

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2. I certify that I have not commenced any other similar action
involving the same issues in any other court or tribunal and
to the best of any knowledge, no such action or proceeding
is pending before the Supreme Court of Appeals, or any
tribunal or agency, and if I should learn that a similar action
has been filed in any such Court, tribunal or agency. I
undertake to report such fact within five (5) days therefrom
to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto set my signature this


_____th day of January 2019, at Puerto Princesa City.

ERNESTO C PAZZIUAGAN
Affiant

SUBSCRIBED AND SWORN to before me this _____ of January


2018 at Puerto Princesa City, Palawan, presented before me
I.D. No. _________________________ issued at
_____________________________ on ____________________ valid
until December ____, 20___.

ATTY. MARY JOY M. ORDANEZA


Attorney IV
PRT. No. 4974342; 12-29-17/ Puerto Princesa City, Palawan
IBP No. 11028727/12-3—17 /Puerto Princesa City, Palawan
Attorney’s Roll No. 64093
MCLE No. V-0019137, April 20, 2016

Doc No. _______;


Page No. ______;
Book No. ______;
Series of 2019;

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