Complaint.docx

REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION MUNICIPAL TRIAL COURT La Trinidad, Benguet Plaintiff, Civil Case No. _________ For: Forcible Entry

-versusx- - - - - - - - - - - - - - - - - - - - - - - - - - - -x

COMPLAINT  PLAINTIFF,

THE PARTIES 1. Plaintiff is of legal age, Filipino, married, and a;

2. Defendant, where he may be served with summons and other processes by the Honorable Court;

THE FACTS 3. The Plaintiff is the owner of a parcel of land located in Tawang, La Trinidad, Benguet containing an area of four hundred forty-two (442) square meters, more or less, the same having been titled in her name as evidence nt. A copy of the Tax Declaration on her said property is likewise attached as Annex “B”;

Complaint |2

4. Plaintiff, by herself and her representatives, has been in peaceful possession of the land continuously and uninterrupted for more than 10 years, where she even had their family’s residence built and where she has maintained a garden for vegetables. A copy of the photos of her family’s residence are hereto attached as Annex “C”, and made an integral part of this complaint. A copy of the Tax Declaration on her said residential lot is likewise attached as Annex “D”;

5. Plaintiff is litigating as a pauper as evidenced by a Certificate of Indigency issued by Barangay, hereto attached as Annex “E”.

CAUSE OF ACTION 6. Sometime in February 2019, Defendant, together with hired laborers, and without the knowledge, consent and authority of the Plaintiff, by force, strategy and stealth entered the land described in paragraph 3, encroached on and took possession of a portion of her property fronting the proposed road in the area. A copy of the photos of the fences constructed by the Defendant are hereto attached as Annex “F” and made an integral part of this complaint; 7. Simultaneous to their unlawful entry, Defendant started the construction of fences, notwithstanding repeated demands for them to stop and to desist from further acts of dispossession;

8. Plaintiff, by herself and through her representatives, repeatedly demanded of the defendant to vacate the area occupied by him and

Complaint |3

to deliver the peaceful possession of the same to them, but Defendant, without 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 he unlawfully wrested from the Plaintiff;

9. Efforts for a possible settlement and/or reconciliation was exerted by the Plaintiff by seeking the intervention of barangay officials of Barangay Tawang, La Trinidad, Benguet. Regrettably, all efforts to amicably settle their dispute were in vain. A copy of the Certification to File Action issued by

DAMAGES 10.The unlawful acts of the Defendant in refusing to surrender and restore peaceful possession of the land caused disturbance to the rights of the Plaintiff and the same have caused her sleepless nights, serious anxiety, and mental anguish, for which she is entitled to the payment of moral damages in the amount of PhP 10,000.00

11.

Exemplary damages in the amount of PhP 5,000.00 should be

adjudged the Defendant for his outright fraudulent and oppressive acts of refusing the lawful demands of the Plaintiff, to serve as an example for the public good.

PRAYER

Complaint |4

WHEREFORE, it is respectfully prayed that after due hearing, judgment be rendered in favor of the Plaintiff and against the Defendant as follows: 1. Ordering the defendant to vacate the premises of the area occupied by him and to deliver peaceful possession of the same to the Plaintiff; 2. Ordering the defendant to remove any structure which he, in bad faith, has erected in the area occupied by him at his expense; and 3. Condemning the Defendant to pay to the Plaintiff: a. The sum of ten thousand pesos (PhP 10,000.00) as moral damages; b. The sum of five thousand pesos (PhP 5,000.00) as exemplary damages; Such other measures of relief as the Honorable Court may deem just and proper in the premises are likewise prayed for. La Trinidad, Benguet. April 1, 2019. Department of Justice

By:

NOTED:

VERIFICATION AND CERTIFICATION

Complaint |5

I, after having been duly sworn to in accordance with law, hereby depose and state: 1. That I am the Plaintiff in the above-entitled case; 2. That I caused the preparation of the foregoing pleading and that the same is true and correct to the best of my personal knowledge or based on authentic records; 3. That I had not theretofore commenced any other action or proceeding involving the same issue in the Supreme Court, Court of Appeals, or any other tribunal or agency; 4. If I should theretofore learn that a similar action or proceeding has been filed or is pending before the Supreme Court, Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five days (5) therefrom to this Honorable Body.

SUBSCRIBED AND SWORN to before me this 1st day of April, 2019, in La Trinidad, Benguet, Philippines. Affiant having exhibited to me her competent proof of identity.