Republic of the Philippines

Second Judicial Region

MUNICIPAL CIRCUIT TRIAL COURT
Lagawe, Ifugao

HON. PEDRO G. MAYAM-O as CIVIL CASE NO. ______

Head of the Province - Ifugao
Plaintiff,
FOR:
-versus- Recovery Of Possession and
Application for Temporary
MR. BRENEIL DAGWASE and Restraining Order with Writ
GERALD VALDEZ, et. Al. of Preliminary Injunction
Defendants.
X-------------------------------x

COMPLAINT

WITH ALL DUE RESPECT TO THE HONORABLE COURT,

plaintiff, through counsel most respectfully state:

1. That Plaintiff is of legal age, Filipino and resident of Capitol

Compound, Lagawe, Ifugao where summons and processes of this
Honorable Court may be served;

2. Defendants, Breneil Dagwase and Gerald Valdez are

likewise of legal ages, Filipinos and residents of Sta. Maria, Alfonso
Lista, Ifugao where this Honorable Court may serve summons,
papers and other processes;

3. Plaintiff is the owner of a certain parcel of land located at

Sta. Maria, Alfonso Lista, Ifugao covered and embraced by Tax
Declaration Number 2014-030001-00767 registered in the name
of ___. A copy of said tax declaration is hereto attached and marked
as Annex “A”;

4. Taxes on the land had been religiously paid;

5. Plaintiff and his predecessors-in-interest had long been in

prior, continuous and adverse possession of the land cultivating
the same as a _____;
 6. Sometime on March 2011, defendant, Wilson Tabbog went
to the house of plaintiff located at Lamut, Ifugao pleading that he
be the one to cultivate the aforesaid ricefield so that he could have
a source of food for his family;
7. The aforesaid defendant promised that he would cease
from cultivating said ricefield if plaintiff would again desire to
cultivate it or make use of said land;

8. Plaintiff and defendant, Wilson Tabbog, agreed that the

latter would cultivate the ricefield but that Wilson would give the
amount of fifty five thousand pesos (P55,000.00) which when
plaintiff returns would automatically disallow Wilson to stop
cultivating the land and for plaintiff to take possession and
cultivate said land. The palay harvested therein would pertain to
the defendant during the duration of the agreement and the
plaintiff would use the money for whatever purpose she sees fit
without paying any interest as it would be Wilson who would be
the one to cultivate and be getting the harvest during the duration
of the agreement;

9. The contract entered into is a “salda” in Ifugao Culture;

10. Pursuant to the agreement, plaintiff took possession of

the land and cultivated it and was the one who got the produce of
the land during the duration of the agreement and defendant got
the money and used it without paying interest;

11. Sometime this year, plaintiff went to return the money

used in the salda but she was shocked when defendant Wilson
Tabbog refused to receive the amount and insisted on cultivating
the land.

12. He refused to allow plaintiff or the latter’s cousins to

cultivate the land. He refused to get back the money used for the
salda. Instead, he forcibly continued cultivating the land and
when he could not personally cultivate the land, he instructed
Carlito Tabbog, his brother to continue cultivating the land and
the latter now insists, persists and forcibly continues to
cultivate the land much to the deprivation of herein plaintiff who
is being deprived of possession of said land;
 13. Plaintiff referred the matter to the barangay but there
was no settlement so a certification to file action was issued, a
copy of which, is hereto attached and marked as Annex “B”;

14. Defendants have no right whatsoever on the land and

their continued possession is without any basis in fact and in
law;

----AND BY WAY OF AN APPLICATION FOR THE ISSUANCE

OF A WRIT OF PRELIMINARY INJUNCTION-----

15. Plaintiff hereby re-pleads by way of adoption and

incorporation all the foregoing averments insofar as they are
material hereto and further states that;

16. Plaintiff is entitled to the relief/s hereunder prayed for

and part of such relief consists in restraining defendants and their
agents from further cultivating the land pending resolution of
this case and the issuance of a Writ of Preliminary Injunction is a
necessity under the premises in order to avoid grave and
irreparable injuries to the plaintiff and avoid possible hot
confrontation and violence between the clan of plaintiff and
defendants;

17. Plaintiff is very much willing to return the money of

defendant subject of this “salda”;

18. Due to the baseless, shameless and malicious claim of

defendants, plaintiff suffered and will continue to suffer sleepless
nights, serious anxiety, moral shock and other debilitating
experiences; hence defendants should be made to pay moral
damages and the amount of Fifty Thousand (P50,000.00) pesos
is fair enough.

19. Defendants know that they are acting in gross and

evident bad faith in forcibly cultivating plaintiff’s land and in
preventing plaintiff from enjoying the land. This is morally and
legally reprehensible which justifies the imposition of corrective
and exemplary damages the amount of which is left to the
discretion of the Honorable Court to teach defendants a lesson so
that they will not repeat the same vile act in the future and to
serve as an example for others similarly inclined.
 AND BY WAY OF --------
MOTION TO LITIGATE AS PAUPER LITIGANT

20. Plaintiff is an indigent as evidenced by the Certificate of

Indigency issued by the MSWDO, a copy of which is hereto
attached and marked as Annex “C”;

21. As an indigent, she is exempted from payment of filing

and other legal fees as provided by law.

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed that, after due notice and hearing, judgment be rendered
in favor of plaintiff and against defendant:

1. Declaring plaintiff as the true and rightful owner and

possessor of the land in question;

2. Ordering defendants and their agents and representatives

to vacate the land upon receipt of the money to be given by plaintiff
and to cease and desist from cultivating plaintiff’s land and
disturbing plaintiff’s peaceful possession and ownership of the
land in question;

3. Ordering defendants to pay moral and exemplary damages

in the amount left to the discretion of the Honorable Court and
other litigation expenses as will be proven in court.

Plaintiff further prays for such other relief consistent with

lawand equity.

Lagawe, Ifugao, this 19th day of November, 2014.

PUBLIC ATTORNEY’S OFFICE

Department of Justice
By:

ATTY. GERALD B. TAYABAN

Counsel for Plaintiff
 Public Attorney 11
Lagawe, Ifugao
Roll Number 47863
IBP NO. 766740
MCLE Compliance Number 1V-0004506