AMENDED COMPLAINT

PLAINTIFFS, by and through undersigned counsel, unto this Honorable Court,

most respectfully alleges THAT:

The Parties

1.1. Plaintiffs are both of legal age, married to each other, both Filipino Citizenz,
and both residents of Barangay Tabugon, Lilo-an, Southern Leyte where they may be
served with summons, writs and other processes of this Honorable Court in connection
with this case;

1.2. Defendant Barangay Tabugon may be served with summons, writs and
other processes of this Honorable Court in connection with this case through its Barangay
Chairman and the members of its Sangguinang Pambarangay;

1.3. The plaintiffs and the defendant both have the capacity to sue and be sued;

ALLEGATIONS COMMON TO ALL CAUSES OF ACTIONS

2.1. Plaintiff Jane Madrona Celeste is the registered owner of a parcel of land
subject of this litigation, more particularly designated as Lot No. 1738, approximately
containing an area of four hundred forty nine (449) square meters, located in Barangay
Tabugon, Lilo-an Southern Leyte which is declared for taxation purposes for the year
2010 under Tax Declaration no. 06024-00236, having an assessed value of Twenty Three
Thousand Five Hundred Seventy Pesos (Php23,570.00). Attached and marked as
ANNEX “A” of this complaint is a machine copy of Tax Declaration no. 06024-00236.
Attached and marked as ANNEX “A-1” is a copy of the Real Property Field Appraisal and
Assessment Sheet concerning the said property;
 2.2. Sometime in the 1980’s, the defendant, with the consent of the plaintiff
Jane Madrona Celeste’s predecessor in interest, had built a Health Center and a Feeding
Center on said parcel of land, on the condition that the defendant would immediately
remove such structures and vacate the land in litigation upon due notice and demand
from whoever will be the rightful owner of said parcel of land;

2.2. On November 7, 2000, plaintiffs made known to the defendant their

intention to use the land subject of litigation, by sending to the latter a letter of demand to
vacate and remove structures. A copy of said letter is herein attached and marked as
ANNEX “B”;

2.3. Up to this date however, the defendant has ignored the plaintiffs demand
and has continued to occupy the land subject of this litigation to the dire prejudice and
damage of the plaintiff who is denied of her right to possess and use a parcel of land
which she rightfully owns. The plaintiffs had initially filed an action for recovery of
possession of the subject property before this Honorable Regional Trial Court, which
action was docketed as R-139-C, unfortunately however, the said action was dismissed
on the ground of lack of jurisdiction owing to the fact that the assessed value of the subject
property was at that time, below twenty thousand pesos (Php 20,000.00). The most recent
assessed value of the property is now beyond twenty thousand pesos (Php 20,000.00),
thus the plaintiffs most humbly submit that this Honorable Regional Trial Court already
has jurisdiction over the property;

2.4. The plaintiffs had been unfairly deprived of their right to enjoy a parcel of
land of which plaintiff Jane Madrona Celeste is the registered and absolute owner, thus
they have no other recourse but seek the aid of this Honorable Court by the filing of this
complaint;

First Cause of Action

The plea for the Recovery of Possession of the land subject of litigation
 Plaintiffs hereby replead and incorporate all the allegations in the foregoing
paragraphs in support of their first cause of action and further allege THAT:

1.1. Article 428 of the Civil Code of the Philippines provides:

“The owner of a property has the right to enjoy and

dispose of a thing without other limitations than those
established by law.
The owner has also a right of action against the holder
and possessor of the thing in order to recover it.”

1.2. Being the absolute owner of the property subject of this litigation. the
plaintiffs most respectfully submit that they have a superior right to possess, enjoy and
use said parcel of land;

Second Cause of Action

The plea for the payment of Moral Damages

Plaintiffs hereby replead and incorporate all the allegations in the foregoing
paragraphs in support of their second cause of action and further allege THAT:

2.1. Plaintiffs most respectfully manifest to the Honorable Court that the
defendant’s act of refusing to turn over the possession of the parcel of land which they
own, after the plaintiffs and/or their predecessor had generously allowed the defendant
to use said parcel of land without any rent, has proximately caused plaintiff untold sorrow
and hardship leading to physical suffering, sleepless nights, serious anxiety and mental
anguish and other similar injury;

2.2. Plaintiffs most respectfully submit that defendant should be ordered to pay
to the plaintiffs an amount which should not be less than FIFTY THOUSAND PESOS
(Php 50,000.00) as moral damages to compensate plaintiff’s physical suffering, sleepless
nights, serious anxiety and mental anguish and similar injury proximately caused by the
defendants’ act of betrayal and ingratitude;

Third Cause of Action

The Plea for Payment of Rentals

Plaintiffs hereby replead and incorporate all the allegations in the foregoing
paragraphs in support of their third cause of action and further allege THAT:

3.1. Article 549 of the Civil Code of the Philippines provides:

“Article 549. The possessor in bad faith shall reimburse

the fruits received and those which the legitimate
possessor could have received, and shall have a right
only to the expenses mentioned in paragraph 1 of article
546 and in article 443. The expenses incurred in
improvements for pure luxury or mere pleasure shall not
be refunded to the possessor in bad faith, but he may
remove the objects for which such expenses have been
incurred, provided that the thing suffers no injury
thereby, and that the lawful possessor does not prefer to
retain them by paying the value they may have at the
time he enters into possession.”;

3.2. The continuous use of the subject property by the defendant despite the
plaintiff’s demand has caused prejudice and damage to the plaintiff who is denied of her
rights to possess and use the subject parcel of land which she rightfully owns. As
indemnity, the plaintiffs hereby pray for the payment of rentals by the defendant from the
time the latter started to occupy the property of the plaintiffs in June 1980 until the time
the defendant removes the structures in and vacates the said subject land in the amount
of not less than TWO THOUSAND FIVE HUNDRED PESOS (PHP 2,500.00) a month;
 Fourth Cause of Action
The Plea for Attorney’s Fees and other Expenses

Plaintiffs hereby replead and incorporate all the allegations in the foregoing
paragraphs in support of their fourth cause of action and further allege THAT:

4.1. Article 2208 of the Civil Code provides:

“In the absence of stipulation, attorney’s fees and
expenses of litigation, other that judicial costs, cannot
be recovered, except:
xxx..
(2) When the defendant’s act or omission has compelled
the plaintiff to litigate with third persons or to incur
expenses to protect his interest;
xxx…

(5) Where the defendant acted in gross and evident bad

faith in refusing to satisfy the plaintiff’s plainly valid, just
and demandable claim;
xxx.”;

4.2. Due to the defendant’s arrogant refusal to grant the plaintiffs’ plainly valid
and just claim, the plaintiffs have been compelled to file the instant complaint and as a
necessary consequence, plaintiffs had to incur necessary expenses amounting to FIFTY
THOUSAND PESOS (Php 50,000.00) as attorney’s fees and FIVE THOUSAND PESOS
(Php 5,000.00) per court appearance of counsel, which expenses could have been
avoided had the defendants respected plaintiffs’ rights;

4.3. Plaintiffs would likewise be constrained to spend litigation expenses by

reason of the filing of this action which is estimated to be not less than FIFTY THOUSAND
PESOS (P50, 000.00). Again, this particular kind of expense could have been avoided
had defendant respected the rights of the plaintiff prior to the filing of the instant action.
 PRAYER

WHEREFORE, the foregoing premises considered, it is most respectfully prayed

of this Honorable Court that, after the proper proceedings, JUDGMENT be rendered
ORDERING defendant to:

(1) Restore to the plaintiffs the possession of the parcel of land designated as Lot
No. 1738, approximately containing an area of two hundred fifty one (251)
square meters, located in Barangay Tabugon, Lilo-an Southern Leyte which is
declared for taxation purposes for the year 2010 under Tax Declaration no.
06024-00236;

(2) Pay the plaintiffs an amount which should not be less than FIFTY THOUSAND
PESOS (₱50,000.00) as moral damages;

(3) Pay the plaintiffs rentals in the amount of TWO THOUSAND FIVE HUNDRED
PESOS (₱2,500.00) from the time the defendant started to occupy the property
of the plaintiffs in June 1980 until the time the defendant removes the structures
in and vacate the subject parcel of land;

(4) Pay the plaintiffs an amount of not less than FIFTY THOUSAND PESOS
(₱50,000.00), as ATTORNEY’S FEES and FIVE THOUSAND PESOS
(P5,000.00) PER COURT APPEARANCE of counsel;
 (5) Pay the plaintiffs an amount of not less than FIFTY THOUSAND PESOS
(₱50,000.00), as and for LITIGATION EXPENSES.

Plaintiffs further pray for such other relief and remedies which this Honorable
Court may deem consistent with law, justice and equity.

Ormoc City, Philippines. April 16, 2012.