Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region, Branch 40
Tandag City, Surigao del Sur

HRS OF VOLTAIRE CIVIL CASE NO. 1924-17

FRANCISCO N. DONASCO,
Namely: PROSERFINA FOR:
MELINDA D. PELAYO, MYRA RECOVERY OF
DONASCO CUEVAS, MARY
POSSESSION…
ANN DONASCO RAMOSO,
NATIVIDAD DONASCO
PELAYO, NELSA BIANCA
DONASCO CACERES
OMBING, and JENNIFER
DONASCO SINGSON RAQUEL

Represented by: EMYLINE D.

DONASCO
Plaintiffs,

-versus-

JOSEPHINE A. BUCAY,
FLORENCIO A. BULARON, ANA
TIDALGO NASAYAO, NEZEL S.
MENDEZ, ELIZABETH Y.
MANALO, ALAN GIER and
ENRIQUE T. ROSILLO
Defendants.
x---------------------------------------------x

AMENDED COMPLAINT
PLAINTIFFS, by the undersigned counsel, most
respectfully aver that:
1. Plaintiffs are all of legal age, Filipinos, married and
residents of Phase 10A, Package 3, Block45, Lot 27, Bagong Silang and
Block 1, Lot 64, Amarilyo Street, Palmera Spring, Camarin, all of
Caloocan City.
2. Defendants are likewise of age, Filipinos, married and
residents of Purok Kalipayan, San Agustin Sur, Tandag City where

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they can be served with summons and other legal processes of the
Honorable Court.
3. Plaintiffs are the surviving heirs of the late Voltaire
Francisco N. Donasco (VOLTAIRE) who was one of the heirs of
Santos Tello Donasco, Sr. (SANTOS) and Natividad Neri
(NATIVIDAD). Voltaire along with his siblings and the children in
second marriage with Paz Plaza (PAZ) inherited certain parcels of
land in different barangays in Tandag City.
4. On October 5, 1995, the heirs of SANTOS executed an
Extrajudicial Partition of Property. Unfortunately, VOLTAIRE was
not given his rightful shares from the properties of SANTOS located
in Dawis, San Agustin Sur, Tandag City.
5. To correct the patent error, on November 8, 2008, an
instrument captioned “DESIGNATION OF PROPERTY OF
YOLANDO P. DONASCO IN SAN AGUSTIN, DAWIS, SURIGAO
DEL SUR IN FAVOR OF THE HEIRS OF FRANCISCO N. DONASCO
BY AGREEMENT OF THE SURVIVING HEIRS OF SANTOS TELLO
DONASCO, SR.” was executed to vest unto the heirs of VOLTAIRE
the share of Yolanda P. Donasco (YOLANDA) denominated as Lot
No. 4418-B, Csd-1161819/011544-D. It further states the share of the
late Alexander P. Donasco (ALEXANDER) identified as Lot 1588-P
with an area of 2,000 square meters located at Dawis, San Agustin,
Tandag City shall answer for the share of Voltaire Francisco Donasco
in case a valid claim arise from Yolanda or her heirs as a result of the
said designation. A copy of which is marked as Annex “A” hereof.
6. The aforesaid instrument was published in Gold Star
Daily, a newspaper of general circulation per Affidavit of Publication
dated 26 December 2008 marked as Annex “B”.
7. Plaintiffs then secured a Sketch Plan of Lot 4418-B,
Csd-1161819/011544-D situated in San Agustin Sur, Tandag City
containing an are of 2,265 square meters and more particularly
bounded as follows: in the North, by Pacific Ocean; in the South, by
the National Highway; in the East, by Lot 4418-A; and in the West, by
Lot 4418-C. A copy of the Sketch Plan prepared by the DENR is
marked as Annex “C”.
8. Consequently, plaintiffs secured a tax declaration over
the subject property in the name of the Heirs of Voltaire Donasco
under TD No. 08-01-0017, marked as Annex “D”.
9. Plaintiffs lost no time to occupy the rightful inheritance
of their father and thereupon initiated the clearing of the informal

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settlers in their land. On August 5, 2009 the settlers signed a
KASABUTAN expressing their commitment to vacate and turnover to
herein plaintiff Melinda Donasco Pelayo the land (Lot 4418-B) after
the May 2010 election without any consideration. A copy of which is
marked as Annex “E” hereof.
10. Nonetheless, Remedios Coñaberos (COÑABEROS) and
her siblings refused to vacate the land thereby prompting the
plaintiffs to file on August 25, 2009 a civil action for ejectment and
damages before this Court. 1 On February 13, 2014, the Honorable
Court rendered a decision the decretal part of which reads:
WHEREFORE, judgment is hereby rendered in
favor of the plaintiffs, ordering the defendants and all
other persons claiming right under them to vacate the
parcel of land denominated as Lot No. 4418-B,
Csd-1161819/011544-D, containing an area of 2,265
sq.m., located at Dawis, San Agustin Sur, Tandag City,
Surigao del Sur, covered by Tax Declaration No.
09-01-17-00661, issued in the name of the Heirs of
Francisco Voltaire Donasco.
FURTHER, defendants are hereby required to pay
reasonable rentals for the use of the occupied lot in the
amount of One Hundred Fifty Pesos (150.00) a month
to be reckoned from January 9, 2009 up to the time
possession is delivered to plaintiffs, and to pay
attorney’s fees in the amount of Fifty Thousand Pesos
(P50,000.00).
COSTS against the defendants.
SO ORDERED. Tandag City, Surigao del Sur,
Philippines. February 13, 2014.
11. Although Coñaberos appealed the decision but the
appellate Court dismissed it for failure to prosecute. On October 10,
2016 the Sheriff made a return of writ of execution of the decision, a
copy of which is marked as Annex “G”.
12. While the main area is rid of informal settlers,
defendants occupied the northern part abutting the Pacific Ocean
without the knowledge and consent of the Plaintiffs. Although
defendants’ huts or shanties are made of light materials they totally

1 Docketed as Civil Case No. 1226, re: Heirs of Francisco Voltaire N. Donasco, rep.by Proserfina Melinda D. Pelayo,
et.al v. Roberto Rivamonte, Carmelita R. Silagan and Remedios Coñaberos.

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deprived the plaintiffs the beachfront of their property as shown in
the photographs hereto attached as Annexes “H” to “H-7”.
13. As littoral owners plaintiffs assert their preferential
right over the accretions due to the forces of waters. So, in the case of
littoral lands, he who loses by the encroachments of the sea should
gain by its recession.2
14. So, on May 2017 plaintiffs demanded from the
defendants to vacate peacefully the land and sought a peaceful
settlement through a conciliation conference before the Lupon
Tagapamayapa of Barangay San Agustin Sur. But to no avail.
Defendants refused to receive the summons without justifiable
reason. The Punong Barangay even set a meeting for the constitution
of the Pangkat but the defendants again refused even to receive the
summons and much less to appear in the conciliation proceedings.
Hence, on June 1, 2017 a Certification to File Action was issued,
marked as Annex “I”.
15. Because of the defendants unjustified refusal to respect
the plaintiffs’ property rights and vacate the subject land peacefully
despite the repeated demands to do so, the plaintiffs are compelled to
litigate and for the purpose, engage the services of the undersigned
law firm for a fee of Fifty Thousand Pesos (P50,000.00) for which the
defendants should be held jointly and solidarily liable, including the
cost of suit.
PRAYER
WHEREFORE, it is respectfully prayed that judgment be
rendered in favor of the plaintiff and against the defendants, ordering
the latter, as follows:
1. Ordering the defendants and all persons claiming rights
under them, to VACATE, respective areas they have occupied at the
northern portion of plaintiffs’ Lot 4418-B, Csd-1161819/011544-D
situated in San Agustin Sur, Tandag City;
2. Ordering the defendants to PAY the plaintiff jointly and
severally the amount of Fifty Thousand Pesos (P50,000.00) for and an
as attorney’s fees and Three Thousand Pesos (P3,000.00) as
appearance fee for every hearing as well as to pay the cost of suit.
Others reliefs just and equitable in the premises are likewise
prayed for.

2 Santulan v The Executive Secreatary, G.R. No. L-28021, December 15, 1977, 80 SCRA 548, 546

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 May __, 2018. Tago (for Tandag City), Surigao del Sur,
Philippines.
Respectfully submitted.

DIAZ LAW OFFICE

(Counsel for the Plaintiffs)
Purok Sandiya, Vitoria, Tago,
Surigao del Sur
Office Tel. No. 086-214-5816
Mobile Phone: 09479615032
E-mail add: diazlawoffice2016@gmail.com

ATTY. DANIEL L. DIAZ

Roll No. 57741
IBP No. 1064080 – 01/09/18
Tandag City, Surigao del Sur
PTR No: 7347107- 01/-08/18
Province of Surigao del Sur
MCLE Compliance No. V- 0013299

Copy Furnished:

Atty. Andrei A. Andresan

Counsel for the Defendants
Tandag, Surigao del Sur