Republic of the P hilippines 5 MUNICIPAL CIRCUIT TRIAL COURT Second Judicial region Naguilian, Isabela th
DONALD CASTILLO Plaintiff -vsAtty. RAMIREZ Defendants. x------------------------------x
Civil Case No. Forcible Entry and Damages
COMPLAINT
PLAINTIFFS by counsel, to this Honorable Court respectfully avers that, 1. Plaintiff DONALD CASTILLO, of legal age, Filipino and residents of MArasat Pe quno, San Mateo, Isabela. 2. Defendant Atty. Ramirez, Filipino is residents of Naguilian, Isabela, where the y may be served summons and other processes. 3. The plaintiff is the owner of a parcel o f land located in San Mateo, Isabela, containing an area of ONE MILLION(1,000,000.00) SQUARE METERS, more or less which realty is titled in the name as evidence by Transfer Certificate of title No. T-222222222 of the Registry of Deeds of Isabela, photocopy of TCT No. T-222222222 is hereto attached and made an integral part of Annex “A”. 4. Plaintiff, by themselves and through their predecessors in-interest, have bee n in peaceful possession of the land continuously and uninterrupted for more than fifty (50) years; 5. On January 28, 2011, defendant together with hired laborers without the knowledge, consent and authority of the plaintiff, by force, strategy and stealth entered the land described de scribed in paragraph 3, encroached on and took possession of a portion of the land having an area of 500,000 square meters with the following bounderies: on the Northeast by the remaining portion; and on the Southwest by a provincial Road. 6. Simultaneous to their unlawful entry, defendant started construction of a residential house notwithstanding repeated demands for them to stop and to desist from further acts of dispossession. 7. Plaintiff, by themselves and through their representative, repe atedly demanded of the defendant to vacate the area occupied occ upied by them and and to deliver the peaceful possession of the same to them, but defendants, w ithout any just or legal reason, refused and continue to refuse to leave the premises and restore peaceful possession to the plaintiffs of the portion which they unlawfully wrested from the plaintiff. 8. Efforts for a possible settlement and/or reconciliation was exerted by the plaintiff by seeking the intervention of barangay officials of Barangay Marasat Pequeno, san Mateo, regrett ably all efforts to amicably settle their dispute were in vein. Copy of the certification issued by Barangay Secretary Secretary Levy teodorao dated feb. 9, 2011 is hereto appended and marked as Annex “B”.
9. As a consequence of the unlawful entry and occupation of their land by the defendant and their subsequent refusal to vacate the premises, plaintiff were compelled to file this action and, for this reason have to engage the services of counsel for an agreed professional fee of P25.00 10. As further consequence of the defe ndant refusal to surrender and restore peaceful possession of the land, plaintiff, suffered mental anguish, emotional disturbance, embarrassment besmirched reputation which entitles them to recover moral and exemplary damages amounting to not less than P50,000.00 PRAYER
WHEREFORE, plaintiff respectfully prays the Honorable Court to render judgment; 1. Ordering the defendant to vacate the premises of the area occupied by them and to deliver peaceful possession of the same to the plaintiff or their representative 2. Ordering the defendant to remove any and structure which they, in bad faith, have ere cted in the area occupied by them or, in default thereof, to order the demolition of their building or structures which are standing in the land, all at the expense of the defendants. 3. Condemning the defendant to pay to the plaintiff. a.
The sum of P25,000.00 as attorney’s fees and the sum of P5,000 as expense of litigation;
b. Moral and exemplary damage of not less than P50,000.00; and c.
The costs of this suit:
d. Plaintiff pray for other reliefs and remedies as m ay be just and equitable in the premises. Ilagan, Isabela, march 2, 2012
ATTY. LEIF JOHN L. ROBINO Counsel for the Plaintiff PTR No.
VERIFICATION AND CERTIFICATION
I, Donald Castillo, of legal age, Filipino and resident of MArasat Pequeno, after being sworn to in accordance with law here by depose and state: 1 .I am the Plaintiff in the above entitled case. 2. I have caused the preparation and filing of this complaint
3. I have read and understood the contents of this complaint and all the allegation contained therein are true and cor rect of our own knowledge and based o n authentic documents. 4. I hereby certify that I have not commenced any other action or proceedings involving the same issues in the above entitled case before the Supreme Court, Court of Appeals of Justice or quasi-judicial body, or government agency; and should I learn of a similar action or proceeding and/or the pendency thereof before any other Court of Justice, quasi-judicial body or government agency, I do hereby undertake to report the same within (5) days there from to this Honorable Court. IN WITNESS WHEREOF, I have hereunto affixed my signature this ___ day of March 2012 at Ilagan, Isabela.
Donald Castillo Plaintiff
Subscribed and Sworn to befor me this ___ day of March 2012 at Ilagan, Isabela.
Doc. No ______ Page No. _____ Book No.______ Series of 2012.
