Republic of the Philippines REGIONAL TRIAL COURT Fourth Judicial Region Antipolo City, Province of Rizal Branch No. ___ THE CITY GOVERNMENT OF ANTIPOLO, represented by Hon. Mayor Casimiro A. Ynares III, M.D., Plaintiff, -versus-
SP Civil Case No. _______ FOR: Expropriation
JOHN T. SALMAN JR., MARIA C. SALMAN SHERRIS, MAGDALENA SALMAN FAUSTMANN, CATHERINE SALMAN GARCIA, RAFAEL T. SALMAN, NATIVIDAD Y. DE GONZALES, MARIA LUISA T. MARCO, VICTORIA COSTAS, MARIA THERESA COSTAS, MIGUEL COSTAS, AND MANUEL COSTAS. Defendants. x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x COMPLAINT THE CITY GOVERNMENT OF ANTIPOLO (hereinafter referred to as "plaintiff"), through the City Legal Office, most respectfully states: NATURE 1. This special civil action for expropriation is filed under Rule 67 of the Rules of Court and pursuant to Republic Act No. 85081 in relation to Section 19 of Republic Act No. 71602; PARTIES 2. Plaintiff is a local government unit created and existing pursuant to R.A. No. 8508 and R.A. No. 7160 and herein represented by its 1 2
Otherwise known as the City Charter of Antipolo, Rizal; Also known as the Local Government Code of 1991;
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Honorable City Mayor Casimiro A. Ynares III, M.D. with office address at Antipolo City Hall, M.L. Quezon corner Carigma Streets, Antipolo City, where it may be served with summons, orders and other processes of this Honorable Court; 3. Defendants JOHN T. SALMAN JR., MARIA C. SALMAN SHERRIS, MAGDALENA SALMAN FAUSTMANN, CATHERINE SALMAN GARCIA, RAFAEL T. SALMAN, all residing at 11 Abelardo St., San Lorenzo Village, Makati City, NATIVIDAD Y. DE GONZALES, residing at 4724 Guadalcanal St., Sta. Mesa, Manila, MARIA LUISA T. MARCO, residing at 2588 Molave St., United Hills Village, Paranaque City, VICTORIA COSTAS, MARIA THERESA COSTAS, MIGUEL COSTAS AND MANUEL COSTAS, all residing at 800 Pasay Road, Makati City, of legal ages, Filipinos and duly represented herein by JOAQUIN T. MARCO JR., as their true and lawful attorney-in-fact, residing at 2588 Molave St., United Hills Village, Paranaque City, by virtue of attached Special Power of Attorney which will form part of this Complaint as Annex "A", where he may be served with summons, orders and other processes of this Honorable Court; CAUSE OF ACTION 4. Sections 3 and 4 of RA 8508 and Section 19 of R.A. No. 7160 authorizes the plaintiff, through the local chief executive and in this case, Hon. City Mayor Casimiro A. Ynares III, M.D. and pursuant to an ordinance, the power to acquire private property for public use or purpose or, for welfare for the benefit of the poor and the landless, through the exercise of the power of eminent domain and upon payment of just compensation; 5. Defendants JOHN T. SALMAN JR., MARIA C. SALMAN SHERRIS, MAGDALENA SALMAN FAUSTMANN, CATHERINE SALMAN GARCIA, RAFAEL T. SALMAN, NATIVIDAD Y. DE GONZALES, MARIA LUISA T. MARCO, VICTORIA COSTAS, MARIA THERESA COSTAS, MIGUEL COSTAS AND MANUEL COSTAS, all heirs of Henry Tolosa are the registered owners of a parcel of land containing an area of Two Thousand Six Hundred One (2,601) square meters for Road Lot 7 and One Thousand Eight Hundred Ninety Six (1,896) square meters for Road Lot 6 or a total aggregate area of Four Thousand Four Hundred Ninety Seven (4,497) square meters, located at Bunuhan, Boso-Boso, Barangay San Jose, Antipolo City, Province of Rizal, embraced under Transfer Certificate of Title No. R-58624 of the Register of Deeds of Antipolo City, Rizal;
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Copy of the aforementioned Transfer Certificate of Title is hereto marked as Annex "B", and made integral part hereof; 6. Plaintiff is in need of building an access road leading to Sitio Pantay and the City's Controlled Dumpsite; 7. In furtherance of this objective, plaintiff has identified the subject properties of the defendant to be suitable for the "City's Controlled Dumpsite", taking into account its land use compatibility, location, proximity of the area to the existing site, physical conditions of the site and actual use of the lot; A copy of the suitability report is hereto marked as Annex "C"; 8. On a letter dated 06 November 2014 which the plaintiff sent to and received by the defendants as per Registry Return Receipt No. 3229 and dated 07 November 2014, plaintiff offered to buy the aforementioned properties of the defendants for ONE HUNDRED NINETY FIVE THOUSAND SEVENTY FIVE PESOS (Php 195,075) Pesos and a letter dated 19 November 2014 which the plaintiff sent to and received by the defendants as per Registry Return Receipt No. 4294 and dated 22 December 2014, plaintiff offered to buy the aforementioned properties of the defendants for ONE HUNDRED FORTY TWO THOUSAND TWO HUNDRED PESOS (Php 142,200) Pesos but, to-date, the said offer has not been accepted; Copy of the said letter with registry return receipt and Registry Return Card are hereto marked as Annexes "D", "D-1" and "D-2", respectively, and made integral parts hereof; 9. Finally, on 18 September 2017, the Sangguniang Panlungsod of Antipolo City enacted and approved City Ordinance No. 2017-769 authorizing its Local Chief Executive, the Hon. City Mayor Casimiro A. Ynares III, M.D., to acquire the subject property for its "Access Road Leading to Sitio Pantay and The City's Controlled Dumpsite" through the exercise of its power of eminent domain. A copy of the said ordinance is attached and is hereto marked as Annex "E", and made integral part hereof; 10. Hence, this Complaint for Expropriation. PRAYER WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court that: 3
1. Immediately upon the filing of this Complaint, and after due notice to defendants and deposit by the plaintiff to any authorized government depositary bank of the total amount of FIFTY THOUSAND FIVE HUNDRED NINETY ONE & 25/100 PESOS (Php 50,591.25) equivalent to 15% of the Fair Market Value of the subject properties based on its current tax declaration, to authorize the plaintiff to immediately take possession, control and disposition of the properties sought to be expropriated, and to demolish any and all improvements thereon; 2.
After trial, it render judgment 2.1.
CONDEMNING in favor of the plaintiff the subject properties of the defendants including the improvements found therein, if any, for its access road leading to Sitio Pantay and the City's controlled dumpsite for the general welfare of the people of the City of Antipolo;
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FIXING the just compensation for the said properties and authorizing the payment thereof by plaintiff to defendant/s, and subject to the payment by the defendant/s of unpaid real property taxes;
2.3.
ORDERING the transfer to plaintiff of the title to the subject properties, together with the improvements found thereon, if any.
Plaintiff further prays for such other reliefs and remedies which this Honorable Court deem just and equitable under the circumstances. Antipolo City, Rizal, November 17, 2017. THE CITY LEGAL OFFICE City Government of Antipolo 2nd Floor, City Hall Building M.L. Quezon Street, Barangay San Roque Antipolo City By: HENRY R. ROSANTINA Roll of Attorney No. 29463 IBP Receipt No. 1067046 / 02/02/17 / Catanduanes 4
MCLE Compliance No. V-0018425 Maries Village II, Mayamot, Antipolo City GAUDENCIO T. FINEZA, JR. Roll of Attorney No. 29124 IBP Lifetime No. 010180 / August 05, 2011 / Quezon City PTR No. 8866290 MCLE Compliance No. V-0020406 VERIFICATION AND CERTIFICATION I, CASIMIRO A. YNARES III, M.D., of legal age, Filipino citizen and resident of No. 4 Horseshoe Drive, Beverly Hills Subdivision, Barangay Beverly, in his official capacity as City Mayor, City Government of Antipolo, Rizal, with seat of government at the City Hall, M. L. Quezon corner Carigma Streets, Brgy. San Roque, Antipolo City, Rizal, on oath, depose and state that: 1. I am the plaintiff in the above entitled Complaint for Expropriation; 2. I have caused the preparation and filing of the foregoing Complaint pursuant to City Ordinance No. 2017-769 (dated 18 September 2017); 3. I have read and understood the contents thereof, and I attest to the truth of the factual allegations therein of my own knowledge and authentic records; 4. I further certify that no other actions or proceeding involving the same issue raised in this Petition has been commenced and/or pending with the Supreme Court or any Division thereof, courts or any other tribunal or agency; 5. Should I learn that a another similar action or proceeding has been filed or is pending with the Supreme Court, or any other courts, tribunal or agency, I undertake to inform this Honorable Court within five (5) days from notice thereof. IN WITNESS WHEREOF, I have hereunto set my signature this November 17, 2017 at Antipolo City, Rizal, Philippines. CASIMIRO A. YNARES III, M.D. Affiant
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SUBCRIBED AND SWORN, to before me this ______________________ at Antipolo City, Rizal, Philippines, Affiant exhibiting to me her valid Identification Card No. ___________ issued on _________ at _________________. Doc. No. ____; Page No. ___ ; Book No. ____; Series of 2017.
Notary Public
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