For: DAMAGES; INJUNCTION; ILLEGAL CONSTRUCTION; VIOLATION OF THE NATIONAL BUILDING CODE; LEGAL EASEMENT; RIGHT OF REDEMPTION OF INTESTATE SHARE.
The COMPLAINANTS respectfully state:
1. The herein two (2) complainants, who are mother (xxx) and son (xxx), are both of legal age, Filipinos and residing and with postal address at Blok xxx, Lot xxx, xxx, xxx City.
2. The respondents are:
(a) xxx., of legal age, married, Filipino, and residing at Block xxx, Lot xxx, Brgy. xxx, xxx City, where summons may be served;
(b) xxx, of legal age, married, Filipino, and residing at Block xxx, Lot xxx, Brgy. xxx, xxx City, where summons may be served;
(c) xx, of legal age, married, Filipino, and residing at Block xxx, Lot xxx, Brgy. xxx, xxx City, where summons may be served;
3. The complainant xxx is a legal heir of the conjugal estate of her deceased parents xxx and xxx consisting of a parcel of land described as Lot xxx, Block xxx, Brgy. xxx, xxx City covered by OCT No. xxx with an area of 263 sq. m. She is the oldest child in the family.
4. The co-heirs of complainant xxx are xxx, xxx, xxx, xxx and xxx.
5. On February 6, 2014 the said legal heirs executed an ETRAJUDICIAL SETTLEMENT OF ESTATE WITH WAIVER OF SHARE which was recorded as Doc. No. xxx, Page No. xxx, Book No. xxx, Series of 2014 in the notarial register of Atty. xxx, notary public for and in xxx City. In the said Deed, one heir in the person of xxx (resident of xxx) waived her one-six (1/6) share to herein complainant xxx.
6. The share of each legal heir if one-sixth (1/6) of the estate.
7. The legal heirs have not yet caused the specific identification of the technical descriptions of the individual one-sixth (1/6) shares of each heir.
8. The heirs have not yet settled the estate and other taxes on the said property.
9. The heirs have not yet caused the formal preparation of the subdivision plan of the property to identify the specific locations of the individual one-sixth (1/6) shares of within the said property.
10. The specific land titles for each c0-heir have not been issued yet.
11. Sometime last year the co-heirs/co-respondents xxx and xxx sold their individual one-sixth (1/6) shares in the property to their co-respondent xxx without any prior or subsequent legal notices to the legal heirs to give the heirs an opportunity to exercise their right of legal redemption.
12. Sometime in September 2015 or thereabout the respondent xxx started to construct a house of the property without the prior knowledge and consent of the legal heirs and of the herein complainants. He claims that his legal basis for constructing a house on the property because he has purchased the one-sixth (1/6) shares of his co-respondents xxx and xxx.
13. There is no proof that the respondent xxx. has secured a BUILDING PERMIT, ELECTRICAL PERMIT, DEMOLITION PERMIT, and/or other kinds of legal permits from the City Building Official/City Engineer prior to the start of the construction of his house on the property.
14. On 20 October 2015, herein complainant xxx a formal complaint against respondents xxx and xxx in the blotter of this Barangay.
In that complaint, xxx did not implead xxx as a co-respondent because xxx and xxx had misled him that they were the real owners of the house being constructed at that time by xxx and not xxx himself. It turns out now that this was a false misrepresentation.
15. Nothing happened in the sole barangay mediation/conciliation meeting that was held by this Barangay in the latter part of October 2015 or thereabout based on the herein complaint of xxx.
Likewise, no “Certificate To File Action” was issued by this Barangay based on the said complaint.
16. The illegal construction by xxx has caused the following damages on the part of the herein complainants:
(a) The wall of the house of the complainant was destroyed;
(b) The house of the complainant is now exposed to bad weather;
(c) It is also exposed to criminal elements because a part of the wall and roof is open;
(d) The floor tiles and cabinets of the dining room and kitchen of the house of the complainants have been destroyed by bad weather and the elements;
(e) The only toilet of the house of the complainant was destroyed and removed (and the location was occupied by) by xxx, thus, causing great inconvenience and sanitation risks on the part of the complainants;
17. The illegal actions of the respondents must be immediately stopped, restrained and enjoined and the respondents must immediately indemnify and restore the property damages that they have caused.
18. The herein complainant xxx is entitled to the right of REDEMPTION as heir and she has the right to buy out and redeem from the buyer xxx the portions he has bought from co-heirs xxx and xxx.
WHEREFORE, premises considered, it is respectfully prayed:
1. That immediate SUMMONS be issued to the respondents;
2. That immediate BARANGAY CONCILIATION/MEDIATION meetings be held by the Barangay Lupon;
3. That the respondents INDEMNIFY AND RESTORE the physical damages that they have caused to the complainants by way of ACTUAL DAMAGES;
4. That the respondents indemnify the complainants for the mental and emotional sufferings that they have sustained by way of MORAL DAMAGES;
5. That the respondents indemnify the complainants by way of EXEMPLARY DAMAGES to serve as a lesson to society;
6. That the respondents indemnify the complainants for the attorney’s fees and litigation expenses that they have sustained;
7. That the respondents be urgently ordered, restrained and enjoined to immediately stop their illegal construction for lack of building and other construction-related permits, for violations of the National Building Code and other related housing and zoning laws, and for violation of the rules on legal easement of the Civil Code.
8. That the respondents be ordered to respect the RIGHT OF REDEMPTION of the complainant xxx at fair market value.
9. The complainants reserve the right to file the proper criminal actions against the respondent xxx. and his conspirators for penal violation of the National Building Code and other related housing and construction laws.
FURTHER, we pray for such and other reliefs as may be deemed just and equitable in the premises.
Makati City, January 11, 2016.
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