Sample Complaint for Real Property Damages in the Philippines (Template and Elements)

When a building collapses onto your lot, an excavation undermines your fence, floodwaters from a neighbor’s drainage ruin your garden, or heavy equipment cracks your driveway, you may file a civil Complaint for Damages (Injury to Real Property). This article walks you through the legal theory, jurisdiction and venue, prescriptive periods, damages you can recover, evidence to prepare, common defenses you’ll face, and a production-ready template (with verification and certification against forum shopping) you can tailor to your facts.

Quick note: This is general information for the Philippines. Laws, court rules, interest rates, and jurisdictional thresholds are periodically updated. Consider consulting counsel to adapt the template to your precise facts and the latest rules.

1) What this complaint is (and is not)

Purpose: Recover money (and sometimes injunctions) for injury to immovable property—e.g., cracked foundations, collapsed walls, soil subsidence, encroachment damage, water intrusion, nuisance from construction, etc.
Not about deciding ownership or possession of land/structures (those are real actions like reivindicatoria/publiciana/interdictal). Here, the central relief is damages (plus, optionally, injunctive relief to stop continuing harm).

2) Legal bases and elements (choose what fits your facts)

You can plead in the alternative when facts support multiple theories.

A. Quasi-delict (Civil Code Art. 2176)

Elements: (1) negligent or wrongful act/omission; (2) damage to your real property; (3) causal connection; (4) no prior contractual tie required.
Use when: a neighbor/contractor/motorist/etc. carelessly causes damage (e.g., unsafe excavation, dropped materials, vehicle hits gate).

B. Culpa contractual (breach of contract)

Elements: (1) valid contract; (2) breach; (3) damage; (4) causal link.
Use when: a contractor, tenant, or service provider damages your property in the course of a contract (repairs gone wrong, lease violations, etc.).

C. Nuisance (Civil Code, nuisance provisions)

Elements (typical): (1) act/omission; (2) unlawfully annoys/obstructs/causes injury; (3) injures use or enjoyment of real property; (4) damages flow from it.
Use when: persistent flooding due to unlawful drainage, unbearable dust or vibration from works, dangerous structures.

D. Willful acts / bad faith (Civil Code Arts. 19–21)

Elements: (1) lawful right abused or unlawful act; (2) bad faith/intent to injure; (3) damage.
Use when: deliberate demolition, malicious obstruction, or knowing disregard of your property rights.

You may also plead trespass to property (civil aspect), abuse of rights, and claim injunctive relief (Rule on preliminary injunction) if harm is continuing.

3) Jurisdiction and venue (practical guide)

Jurisdiction (which court?)

If your complaint seeks money damages only, jurisdiction is based on the amount claimed (exclusive of interest, attorney’s fees, and costs).
If you also seek injunctive relief or the case otherwise affects title/possession, jurisdiction may be with the Regional Trial Court (RTC) regardless of amount, depending on current thresholds and the relief’s nature.
Jurisdictional peso thresholds and real-action “assessed value” cutoffs have been increased by statute over the years. Check the current thresholds in your venue before filing.

Venue (where to file?)

Personal actions (damages only): file where plaintiff resides or defendant resides (your choice).
If the suit affects title/possession/interest in land (e.g., you also ask to remove an encroaching structure), venue is where the property is situated.
If the defendant is a corporation, venue may be laid where its principal office is located or where the plaintiff resides (for personal actions).

Barangay conciliation prerequisite: For many disputes between natural persons residing in the same city/municipality, prior Lupon conciliation is a condition precedent, subject to statutory exceptions (e.g., urgent injunctive relief, government party, non-resident). Attach the Certification to File Action if applicable.

4) Prescription (filing deadlines)

Quasi-delict: generally 4 years from discovery of the injury and the person responsible.
Written contracts: generally 10 years; oral contracts: 6 years.
Continuing nuisance/continuing torts: each day may constitute a fresh breach—injunction can halt ongoing harm.
When in doubt, file early to avoid prescription issues.

5) Damages you can recover (and how to prove them)

A. Actual/compensatory damages

Direct repair costs (contractor quotations, invoices, receipts).
Reasonable restoration to pre-injury condition; or diminution in value if repair is impracticable—courts often award the lesser of (i) cost of repair or (ii) loss in market value, unless special reasons justify otherwise.
Loss of use or rental value (fair market rent per month for the downtime; appraiser/broker letters help).
Consequential losses reasonably foreseeable (e.g., alternative accommodation during repairs, protective works).

B. Moral damages

Typically require willful injury, fraud, or bad faith, or injury to peace of mind beyond mere property loss. Plead and substantiate mental anguish, social humiliation, anxiety with detail and corroboration.

C. Exemplary (punitive) damages

Available in cases of gross negligence, wanton or malevolent acts, to set an example. Must be prayed for and justified by facts.

D. Temperate or nominal damages

If some loss is certain but unquantified, temperate damages may be awarded. Nominal damages vindicate a right without quantifiable loss.

E. Attorney’s fees and litigation expenses

Recoverable in specific situations (e.g., defendant acted in bad faith, compelled you to litigate).

F. Legal interest

Courts generally impose legal interest on monetary awards, often 6% per annum under current jurisprudence, with the reckoning date depending on whether the claim was liquidated and whether demand was made. State your prayer to cover “legal interest at the prevailing rate from demand until full payment.”

6) Evidence checklist

Ownership/possession: Transfer Certificate of Title (TCT), tax declaration, lease/contract, photographs showing pre- and post-damage condition.
Causation: photos/videos of the incident, eyewitness accounts, incident reports, LGU/barangay reports, contractor records, drone or survey shots if safe/legal.
Quantum of loss: engineers’ estimate reports, bills of quantities, independent valuation/appraisal, repair receipts, quotations, market rental comps.
Demand and response: demand letters, delivery receipts/emails, barangay minutes and Certification to File Action if required.
For injunction: affidavits showing urgent, continuing, or irreparable harm and why money is inadequate; ability to post an injunction bond.

7) Common defenses (anticipate and plead around)

No negligence / act of God (e.g., extraordinary storm); intervening cause; compliance with standards.
Contributory negligence (you failed to protect your property).
Prescription (filed too late).
Wrong venue/jurisdiction; non-compliance with barangay conciliation.
Lack of standing/ownership; defective verification or forum shopping.

8) Drafting tips that courts appreciate

Plead ultimate facts in numbered paragraphs; avoid argument and evidence dumps in the body—attach key documents as Annexes.
Quantify actual damages and explain your computation.
If you need preliminary injunction, include a dedicated section in your complaint and a separate Verified Application (with bond).
Include a proper Verification and the Certification Against Forum Shopping signed by the principal party (or authorized representative with proof of authority).
Paginate annexes (Annex “A,” “A-1,” etc.), label photos, and use a simple damage summary table.

9) Template: Complaint for Damages (Injury to Real Property)

Replace bracketed text. Keep formatting consistent with your court’s practice.

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
[Station], [Judicial Region]
Branch [__]

[PLAINTIFF NAME],                               Civil Case No. ______
[Address]
                                                  For: DAMAGES (Injury to Real Property)
        Plaintiff,

        -versus-

[DEFENDANT NAME/S],
[Address/es]

        Defendant/s.
x------------------------------------------------x

                     COMPLAINT
(With Prayer for Preliminary Injunction and Damages) [delete if not needed]

PLAINTIFF, by counsel, respectfully alleges:

PARTIES, JURISDICTION, AND VENUE

1.  Plaintiff is of legal age, [civil status], and resides at [address], where she may be served with court processes.

2.  Defendant [Name] is of legal age and resides at [address]. He may be served with summons and other processes at said address.

3.  This is a personal action for damages arising from injury to Plaintiff’s real property located at [full property address/description, TCT No. ___].

4.  The total amount of Plaintiff’s monetary claims is ₱[amount] exclusive of interest, damages not capable of pecuniary estimation (e.g., injunction), attorney’s fees, and costs. This Honorable Court has jurisdiction over the subject matter.

5.  Venue is proper in this Court because [Plaintiff resides in ____ / Defendant resides in ____ / the property is situated in ____ (if applicable)].

STATEMENT OF MATERIAL FACTS

6.  Plaintiff is the [registered owner/lessee/possessor] of the property described as [legal description], covered by [TCT/Tax Dec No. ___]. (Annex “A”)

7.  On [date], Defendant, through [its workers/contractor/equipment], conducted [excavation/construction/demolition/drainage alteration] at [location] adjacent to Plaintiff’s property.

8.  Defendant failed to implement adequate shoring/sheeting, drainage controls, and safety measures, in violation of [building code permits/LGU ordinance/industry standards]. (Annex “B”: photos; Annex “C”: LGU report/permit)

9.  As a direct and proximate result, Plaintiff’s [fence/retaining wall/foundation/landscaping/driveway] sustained severe damage: [describe cracks, subsidence, collapse]. (Annex “D”: photos)

10. Plaintiff promptly notified Defendant and demanded remediation on [date], but Defendant [ignored/refused/undertook inadequate repairs]. (Annex “E”: demand; Annex “F”: reply/none)

CAUSES OF ACTION

I.  QUASI-DELICT (Art. 2176, Civil Code)

11. Defendant’s negligent acts/omissions directly caused injury to Plaintiff’s real property.

12. Plaintiff thereby suffered actual damages amounting to ₱[repair cost], per [engineer’s estimate/contractor quotation] dated [date]. (Annex “G”)

13. Plaintiff also suffered loss of use and rental value at ₱[rate]/month from [start date] until restoration is completed, presently totaling ₱[amount] and continuing.

II. NUISANCE / ABUSE OF RIGHTS [as applicable]

14. Defendant’s [unlawful drainage/vibration/dangerous structure] unreasonably interferes with Plaintiff’s use and enjoyment of the property and continues to cause damage.

PRAYER FOR PROVISIONAL RELIEF [delete if not needed]

15. Unless restrained, Defendant’s acts will cause further irreparable injury to Plaintiff’s property. Plaintiff thus prays for a **Writ of Preliminary Injunction** to enjoin [specific acts], upon posting of bond in the amount of ₱[amount]. (Attached: Verified Application and Affidavit—Annex “H”)

DAMAGES

16. **Actual damages:** ₱[repair cost], plus ongoing loss of use at ₱[rate]/month until completion of restoration.

17. **Moral damages:** ₱[amount], for mental anguish, serious anxiety, and distress caused by Defendant’s bad faith/wanton negligence.

18. **Exemplary damages:** ₱[amount], to deter similar conduct.

19. **Attorney’s fees and expenses of litigation:** ₱[amount], as Plaintiff was compelled to litigate due to Defendant’s refusal to redress the harm.

20. **Legal interest:** at the prevailing legal rate from date of extrajudicial demand or filing, as may be proper, until full payment.

PRAYER

WHEREFORE, premises considered, Plaintiff respectfully prays that, after due proceedings, judgment be rendered:

a) Ordering Defendant to pay Plaintiff actual/compensatory damages of ₱[amount], plus loss of use at ₱[rate]/month from [date] until restoration, subject to proof at trial;

b) Awarding moral and exemplary damages in the amounts of ₱[amounts];

c) Awarding attorney’s fees of ₱[amount] and costs of suit;

d) Imposing legal interest at the prevailing rate from the proper reckoning point until full satisfaction;

e) [If asked] Issuing a Writ of Preliminary Injunction and, thereafter, making the injunction permanent.

Plaintiff prays for such other reliefs as are just and equitable.

[City], Philippines, [date].

                                                  [PLAINTIFF NAME]
                                                  Plaintiff
                                                  By counsel:

                                                  [LAW FIRM / LAWYER]
                                                  [Roll No., MCLE, IBP O.R., PTR]
                                                  [Address, Email, Tel.]

VERIFICATION

I, [Plaintiff Name], of legal age, Filipino, with address at [address], after having been duly sworn, depose and state that:
1) I am the plaintiff in the above case; I caused the preparation of this Complaint;
2) I have read and understood its contents which are true and correct based on my personal knowledge and authentic records; and
3) The annexes are faithful reproductions of originals.

                                                  [PLAINTIFF NAME]
                                                  Affiant
SUBSCRIBED AND SWORN to before me this [date] at [place], affiant exhibiting [ID details].

                                                  [Notary Public]
                                                  [Doc. No. ___; Page No. ___; Book No. ___; Series of ___]

CERTIFICATION AGAINST FORUM SHOPPING

I, [Plaintiff Name], certify that:
1) I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency; to the best of my knowledge, no such action or proceeding is pending therein;
2) If I should learn that a similar action or proceeding has been filed or is pending, I undertake to report that fact within five (5) days therefrom.

                                                  [PLAINTIFF NAME]
SUBSCRIBED AND SWORN to before me this [date] at [place], affiant exhibiting [ID details].

                                                  [Notary Public]

10) Optional: Verified Application for Preliminary Injunction (skeleton)

Allegations: (a) Right to be protected (ownership/possession); (b) Clear and unmistakable right; (c) Material and substantial invasion of that right; (d) Urgent and continuing harm not adequately compensable by damages; (e) Balance of equities; (f) Bond.
Attach: Affidavits, engineer’s report, photos; draft Writ.

11) Filing workflow (step-by-step)

Pre-suit: Gather evidence; send demand letter; secure barangay Certification to File Action if required.
Draft: Select theories (you may plead in the alternative); quantify damages; prepare injunction application if needed.
Compute docket fees: Based on monetary claims; include fees for provisional remedies if any.
File the case: E-file/physical filing per local rules; attach annexes; pay fees; have summons issued.
Raffle and summons: Court raffles the case; sheriff/process server serves summons/complaint.
Answer: Defendant has 30 days (ordinary civil actions) to answer from service; extensions are discretionary.
Pre-Trial / JDR: Mark exhibits; stipulate facts; explore settlement.
Trial: Present witnesses (including engineer/appraiser); submit Judicial Affidavits; offer and admit exhibits.
Decision and execution: If you prevail, court awards damages and interest; move for writ of execution after finality or under conditions for discretionary execution.

12) Practical drafting add-ons

Damage summary table (illustrative):

Head of Damage	Basis/Rate	From–To	Sub-Total
Structural repairs	Engr. Est. 08/15/2025	—	₱ 680,000
Loss of use (parking)	₱8,000/mo	09/2025–02/2026	₱ 48,000
Protective works	Actual receipts	09/2025	₱ 22,500
Total (to date)			₱ 750,500

Photographic appendix: Insert labeled thumbnails in sequence (before/after; wide → close-ups).
Expert report outline: Background, methodology (e.g., crack mapping, settlement measurements), causation analysis, repair scope and cost, time to restore.

13) Quality-control checklist before filing

Correct court chosen (jurisdiction & venue).
Barangay Certification to File Action attached (if required).
Verification and Forum Shopping Certification properly signed and notarized.
All annexes complete, legible, and marked.
Prayer includes legal interest at the prevailing rate and “other just and equitable reliefs.”
If seeking injunction, separate verified application and bond amount stated.
Computations tie to annexed estimates/receipts and dates.

14) Frequently asked edge cases

Multiple defendants (owner + contractor + subcontractor): Implead all; apportionment can be resolved in the same case; consider solidary liability in willful/gross negligence scenarios.
Unknown wrongdoer (hit-and-run damage to gate): Sue the registered owner; use police report; consider impleading insurer if applicable.
Encroachment that also caused damage: Plead removal (injunction) + damages; venue likely where the property is located.
Insurance paid part of your loss: Disclose; avoid double recovery; insurer may be subrogated up to amounts paid.
Small-value claims: If the claim is purely monetary and within the current small claims threshold, consider small claims to obtain a faster, document-driven resolution (note that injunctive relief is not available there).

Final thought

A strong complaint is clear on what happened, why it’s the defendant’s fault, how much it cost you, and why the court should act now. Use the template above as a starting point, attach solid proof, and tailor the legal theory to your facts.