Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

Second Judicial region
CAUAYAN CITY, ISABELA

JANETH V. NAPOLES
Plaintiff,

-versus- CIVIL CASE No. C-56896

For:EJECTMENT(FORCIBLE ENTRY)

NOYNOY B. AQUINO
Defendant.

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COMPLAINT

PLAINTIFF, through the undersigned counsel, and unto this

Honorable Court most respectfully submits this Complaint for Forcible
Entry and in support hereof makes the following assertions:

1. That Plaintiff JANETH V. NAPOLES, of legal age, Filipino and is

residing at #106 Gumamela Street, San Fermin, Cauayan City
where she may be served with court order and other processes;
2. Defendant NOYNOY B. AQUINO, of legal age, Filipino and a
resident of #25,Times Square, Quezon City where he may be
served with summons, order and other court processes;

3. Plaintiff became owner of a certain parcel of land, by virtue of

Free Patent under Commonwealth Act 141 or otherwise known
as Public Land Act, evidenced by Certificate of Free Patent
issued by the Department of Environment and Natural
Resources (DENR). (Copy of the Certificate of Free Patent is
hereto attached as Annex “A”);

4. The parcel of land, is located at #129 Liwayway Street, Barangay

San Fermin, Cauayan City, Isabela containing an area of TWO (2)
HECTARES, more or less, and covered by Original of Certificate
of Title No. 2222 issued by the Register of Deeds of Cauayan
City;(Copy of OCT-2222 is hereto attached as ANNEX “B”);

5. Plaintiff had utilized the subject land for rice planting, for two (2)
cropping seasons every year, with a harvest of approximately
two hundred (200) cavans for the entire land;

6. On December 8, 2017, Plaintiff was feeding her cows when the

defendant, together with three (3) armed men encroached and
took possession of the whole land through force, threat and
intimidation;

7. Simultaneous to their unlawful entry, the defendant started

tilling the land and putting up fences on the subject land making
it impossible for the Plaintiff to make an entrance therein.
8. Defendant refuses to vacate the land notwithstanding repeated
demands to vacate the same and to desist from further acts of
dispossession. (Copy of the written demand is hereto attached
as Annex “C”);

9. Defendant’s refusal to surrender possession of the property to

Plaintiff compelled the latter to hire the services of the
undersigned counsel to protect her interest and to file the
complaint. Plaintiff incurred Attorney’s Fees in the amount of
FIFTEEN THOUSAND PESOS (Php 15, 000.00) as well as expenses
of litigation projected to be TEN THOUSAND PESOS (Php
10,000.00);

10. The illegal occupation by the defendant of the premises of the

property has deprived the plaintiff from the beneficial use
thereof and has resulted to actual damages in the form of lost
opportunity to harvest 200 cavans of palay for the dry season or
One Hundred Thousand Pesos (PHP 100,000.00);

11. Plaintiff also incurred moral damages for the sleepless nights,
anxiety, mental and psychological pain in the amount of
TWENTY FIVE THOUSAND PESOS (PHP 25,000.00) as well as
exemplary damages of FIVE THOUSAND PESOS (PHP 5,000.00)
for the defendant’s blatant and wanton disregard of plaintiff’s
rights;

12. This action is governed by the Rules on Summary Procedure;

 PRAYER

WHEREFORE, premises considered, it is respectfully prayed of

this Honorable Court that, after the proceedings, judgment be
rendered in favor of the Plaintiff and ordering the Defendant and all
persons claiming rights under him to:

(a) Permanently VACATE the premises in question and give the

immediate right of possession to the Plaintiff;

(b) Pay Plaintiff the amount of Fifteen Thousand Pesos (P15,000.00)

by way of attorney’s fees; Ten Thousand Pesos (P10,000.00) by
way of other litigation expenses; One Hundred Thousand Pesos
(P100,000.00) by way of actual damages; and Thirty Thousand
Pesos (P30,000.00) as moral and exemplary damages;

(c) Pay the cost of this suit.

Plaintiff also prays for the issuance of Writ of Preliminary Injunction

prohibiting the defendant from committing further acts of
dispossession and prays for such other remedies and reliefs as may be
deemed just and equitable under the premises.

May 25, 2018. Cauayan City, Isabela.

ATTY. JOZELE MARIZ P. DALUPANG

Counsel for Plaintiff
Cauayan City, Isabela
Roll of Attorneys No. 988964
IBP No. J-25469
PTR No. J- 855469
MCLE No. J-78954
 VERIFICATION AND CERTIFICATION
AGAINST NON- FORUM SHOPPING

I, JANETH V. NAPOLES, of legal age, after being duly sworn to in

accordance with law, depose and attest:

That I am the plaintiff in the above-titled case; that I have caused

the preparation of the foregoing complaint and understood the
contents thereof, and I hereby declare that all the allegations
contained therein are true and correct according to my knowledge
and belief.

Furthermore, I hereby certify that I have not filed nor caused to

be filed any other similar case involving the same issues in the
Supreme Court, Court of Appeals or any other tribunal or agency and
that, should there be any other such case/s that may have been filed, I
hereby bind myself to inform the Court of such fact within five (5) days
from the discovery thereof.

IN WITNESS WHEREOF, I have hereunto set our hand this 25th

day of May 2018, Cauayan City, Isabela, Philippines.

JANETH V. NAPOLES
 Plaintiff
SSS ID NO. 22222
Issued On: May, 20 2017
Issued At: Cauayan City, Isabela

SUBSCRIBED AND SWORN to before me, in the City of Cauayan

25th day of May 2018, Cauayan City, Isabela, Philippines, affiant having
exhibited to me his Social Security Service (SSS) Identification Card,
issued at Cauayan City, Isabela, Philippines.

ATTY. JUAN G. VITTO

Doc. No. _______;
Page No. _______;
Book No. _______;
Series of 2018.
Notary Public
Until December 31, 2018
PTR No. 0398716
issued at Cauayan City
on January 9, 2017
TIN 123-321-456-654