REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 100
LAS PINAS CITY
SPOUSES JUNATHAN BAHAGHARI and
DUNABELLE BAHAGHARI
Plaintiffs,
-vs-

Civil Case No. 010001

(Removal of encroachment,
specific performance and
damages)

HEIRS OF RUNALD BAHAGHARI LED BY HIS

SPOUSE MARY MAE BAHAGHARI
Defendants,
x-----------------------------------------------x
COMPLAINT
Plaintiffs, by counsel, most respectfully state:
Personal Circumstances:
1.) Plaintiffs have an address at 123-E Jacks Compound, Talon V,
Las Pinas City;
2.) Defendant is the widower of Runald Bahaghari, now,
deceased, and with address at 123-F, Jacks Compound, Talon
5, Las Pinas City;
I.
First Cause of Action
3.) That plaintiffs own a parcel of land inside Jacks Compound,
Talon V, Las Pinas City, covered by TCT No. 11445 (Annex
A);
4.) That said lot is specifically Lot 123-E of Lot 123 (a 30,000 sq.
m. lot then covered by TCT 11444 (Annex B) registered in the
name of and owned by plaintiffs mother Lucia Angel Vda
Bahaghari);
5.) That this Lot 123-E can be found in the map/plan subdividing
lot 123 (TCT 11445);
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6.) That from the main street inside Jacks compound, one will
pass through a small street to be able to reach the plaintiffs lot.
Actual site of part of plaintiffs lot can be seen in Annex C;
7.) That on the right portion of the said small street, in going to
plaintiffs lot, lies a concrete fence which divides the Jacks
compound from its neighboring lot;
8.) That on the left portion of said small street, in going to plaintiffs
lot, lies several rows of apartments, the first are owned by
Pedro Jose, while the last are owned by Runald Bahaghari
(now deceased) married to defendant Mary Mae Bahaghari,
with the other defendants as their children and only heirs.;
9.) That defendants lot is identified in the same map/plan;
10.) That defendants title over said lot 123-F where their
apartments stood is TCT 11446 (Annex D);
11.) That defendants lot was given to them by Junathan
Bahagharis mother Lucia Angel Vda. Bahaghari who owned
the entire Jacks Compound.
12.) That simultaneous with the transfer to defendants of their Lot
123-F among others, and to plaintiffs of their lot 123-E a
Deed of Partition and Grant of Right of Way (Annex E) was
executed by plaintiffs and defendants as well as the latters
predecessor, Runald Bahaghari, wherein the latter declared
that: he hereby grants a right of way over a strip of land two (2)
meters wide in Lot 123-F extending upon and along the
southern side thereof.
13.) That this partition and Grant of Right of Way were the bases
of the transfer of defendants Lot 123-F to them and the
issuance to them of TCT 11446, annotated on the defendants
TCT 11446, which reads:
Entry No. 45754/T-S-39672 RIGHT OF WAY The
parcel of land described in this certificate of title is subject to a
right of way of two (2) meters wide, extending upon and along
the southern side thereof.
14.) That the owner of the first apartment, Pedro Jose complied
with this 2-meter right of way (Annex F);
15.) That, however, the defendants did not comply with this Right
of Way. They constructed their apartment encroaching on said
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right of way, leaving only a right of way of one-meter, enough

for a single person to pass. This is shown by arrows in picture
(Annex G);
16.) That in fact, from an actual ocular inspection, their apartments
were constructed beyond and over their boundaries, subject to
said right of way.
17.) That as a result, the measurement of the ingress and egress
to and from plaintiffs lot was reduced. So the defendants
encroachment reduced in value and use plaintiffs lot because
of defendants encroachment of one-meter on the right of way;
18.) That the said encroachment prevented the plaintiffs long time
plan on their lot for the construction of apartment units thereon
for rent;
19.) That there is no other ingress and egress to and from
plaintiffs lot except through said passage way;
20.) That
plaintiffs
repeatedly
complained
about
this
encroachment from the time defendants constructed their
apartment but they were just ignored;
21.) That plaintiff even wrote defendants a letter in but the same
was also ignored. (Annex H)
22.) That plaintiff Junathan Bahaghari even wrote her sister to
seek her help in correcting defendants encroachment (Annex
I) but nothing came out of it;
23.) That this adamant refusal of defendants to comply with the
law and honor contractual obligations inflicted on plaintiffs
damages approximated at Php 300,000.00 for lost business
opportunities;
24.) That in fact, on or about November 6, 1999, defendants had
their apartment fixed, but instead of complying with the
provision of the Right of Way, they had their apartment
strengthened and encroachment maintained, despite notice to
comply;
25.) That due to the defendants failure to remove the
encroachment, plaintiffs were forced to file a complaint in the
Barangay. However, no compromise was reached. The
Barangay was then forced to issue a Certificate to File Action;

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26.) That plaintiffs were also forced to retain undersigned counsel

at unnecessary cost to them of Php 450,000 acceptance fee,
P10, 000 per hearing and a minimum of Php 5,000 per
pleading or paper to be prepared in connection with this case.
27.) That defendants should also be taught to respect the law and
contracts. They should be ordered to pay P100,000 in
exemplary damages to show an example for public good;
WHEREFORE, it is prayed that:
1. The said 2-meter right of way on TCT 11446 be ordered
respected and enforced;
2. The defendants be ordered to remove the said 1-meter
encroachment (part of their apartments) on the said Right
of Way;
3. The plaintiffs be allowed to a complete, full and permanent
access to said 2-meter Right of Way leading to their lot
without defendants intervention, interference and
harassment;
4. Defendants be ordered to pay plaintiffs
a. Php 400,000 in actual and exemplary damages;
b. Php 500,000 as and by way of attorneys fees.
City of Las Pinas. Philippines. January 10, 2015

LOREDO MANALILI MEDINA

Counsel for the Plaintiff
th
15 Floor, Paragon Corporate Center,
Madrigal Business Park, Alabang

JUSTIN B. LOREDO
PTR No. 102810; 2-14-14; MUNTINLUPA CITY
IBP No. 059014; 2-15-14; MUNTINLUPA CITY
Attorneys Roll No. 00001

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MICHAEL VINCENT G. MANALILI

PTR No. 0101001; 2-09-14; MUNTINLUPA CITY
IBP No. 1001010; 2-10-14;MUNTINLUPA CITY
Attorneys Roll No. 00002

EVAN MEDINA
PTR No. 9696969; 2-15-14; MUNTINLUPA CITY
IBP No. 6699669; 2-16-14; MUNTINLUPA CITY
Attorneys Roll No. 00003

VERIFICATION AND CERTIFICATION

ON NON-FORUM SHOPPING
We, spouses Junathan Bahaghari, and Dunabelle Bahaghari, after
having been duly worn to in accordance with law hereby depose and
say that:
1. We are the plaintiffs in the above Complaint; We caused the
preparation of the Complaint; We read the contents thereof and
we affirm that they are true and correct of our own personal
knowledge and based on authentic records;
2. We have not commenced any action or filed any claim involving
the same issues in any court, tribunal or quasi-judicial agency
and to the best of our knowledge, no such action or claim is
pending therein; and if we should thereafter learn that the same
or similar action or claim has been filed or is pending, we shall
report the fact within five (5) days therefrom to this Honorable
Court.

Junathan Bahaghari
CTC No. 2012400044
Issued at City of Las Pinas
Issued on January 4, 2013

Dunabelle Bahaghari
CTC No. 2012400033
Issued at City of Las Pinas
Issued on December 7, 2014

SUBSCRIBED AND SWORN to before me this 10 th day of

2015 at CITY OF LAS PINAS

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Atty. Ericson D. Quinto

Notary Public

Doc. No.
Page No.
Book No.
Series of

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387
254
13
2015