For: DAMAGES; INJUNCTION; ILLEGAL CONSTRUCTION; VIOLATION OF THE NATIONAL BUILDING CODE; LEGAL EASEMENT; RIGHT OF REDEMPTION OF INTESTATE SHARE.
(Case Caption)
COMPLAINT
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.
X x x x
x x
Complainant Complainant
