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Republic of the Philippines

MUNICIPAL TRIAL COURT


Branch 2
Baguio City

JEY T. PONCE,
Plaintiff,

-Versus- CIVIL CASE No. 4598


For: FORCIBLE ENTRY
RICHARD DALE V. ESCOLANO,
Defendant.

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C O M P L A I N T

WITH UTMOST DEFERENCE TO THE HONORABLE COURT:

Plaintiff, by and through the undersigned Counsel unto the Honorable Court, states:
1. Plaintiff is of legal age, Filipino, married, and a resident of #18 Valenzuela St.,
Salud Mitra, Baguio City;

2. Defendant is of legal age, Filipino, and a resident Wangal, La Trinidad,


Benguet, where he may be served with Summons and other Court Processes;

3. Plaintiff is the owner of a parcel of land covered by Tax Declaration No.


12345, declared under her name, and located at #12 Maria Basa Compound,
Baguio City, a copy of said Tax Declaration is hereto attached as Annex “A” and
made an integral part hereof;

4. Sometime on 03 December 2010, without the Plaintiff’s knowledge and


permission, Defendant, with several persons working under them, through
stealth and strategy, entered and fenced the aforesaid property, photographs
to this effect are hereto attached as Annex “B’ and made an integral part
hereof;

5. Immediately upon learning of the Defendant’s act, Plaintiff proceeded to the


aforesaid property and confronted the Defendant and their workers,
however, Defendant ignored the Plaintiff;

6. Thereafter, Plaintiff sought the assistance of Punong Barangay Benny B.


Dangpayan, but the same was futile because no settlement was reached in
said forum, thus, a certificate to file action was issued, a copy of which is
hereto attached as Annex “C” and made an integral part hereof;

7. Up to the present time, Defendant and their workers are continuously


constructing the fence on the aforesaid property against the will of the
Plaintiff, in blatant violation of the right of the Plaintiff;

8. The aforesaid act of the Defendant, if not restrained, would work injustice to
the Plaintiff;

9. The Plaintiff hereby applies for a Writ of Preliminary Injunction to restrain


the Defendant from the act herein complained of, and for this purpose
hereby offers a bond in such sum as this Honorable Court may fix;
10. As a consequence of Defendant’s malicious act and wrongful deed as
heretofore described, plaintiff suffered and will continue to suffer sleepless
nights, serious anxiety, wounded feelings and grave moral shock for which
she should be compensated moral damages in the amount of P 50,000.00;

11. In order to deter Defendant and other persons from their ilk in performing
similar malicious acts, Defendant should be assessed the amount of P
50,000.00 as and by way of exemplary damages;

12. And finally, in filing this action in order to seek redress for her grievances
and recover damages, plaintiff was compelled to engage the services of the
undersigned Counsel for an agreed fee of P 20,000.00 as and by way of
acceptance fee plus the sum of P1,500.00 as and by way of appearance fee for
each attendance in court during trial.

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable Court that:

a. After due notice and hearing, a Preliminary Injunction be issued forthwith to


restrain Defendant from doing the act herein complained of; namely, the
fencing of the Plaintiff’s aforementioned property; and that after trial, said
injunction be made permanent;

b. After trial, judgment be rendered in favor of the Plaintiff ordering Defendant


to pay the Plaintiff:

The amount of P 50,000.00 as and by way of moral damages;


The amount of P 50,000.00 as and by way of exemplary damages;
The amount of P 20,000.00 as and by way of attorney’s fees, plus the amount
of P 1,500.00 per attendance in Court as and by way of appearance
fees;

c. Costs.

d. Other reliefs, just and equitable under the premises, are likewise prayed for.

Respectfully submitted this 1st day of May 2011, in the City of Baguio.

ATTY. GLADYS MARIE S. BUDO


Counsel for the Plaintiff
Room 201 Lopez Bldg.,
Session Road, Baguio City
Until December 31, 2011
Roll No. 12345; 1-30-2010
PTR No. 1865421, 1-31-2011
IBP Lifetime No. 2489
REPUBLIC OF THE PHILIPPINES }
DONE: IN THE CITY OF BAGUIO } S.S.
X ========================== X

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING


I, JEY T. PONCE, of legal age, single, Filipino citizen, and a resident of #18 Valenzuela
St., Salud Mitra, Baguio City, hereby declare under oath that:

1. I am the plaintiff in the Civil Case Number 4598 for Forcible Entry; I have caused the
preparation of the foregoing complaint; I have read and understood the contents of the
same; and that all the allegations therein are true and correct of my own knowledge and
based on authentic documents;

2. I FURTHER CERTIFY THAT:

a. I have not commenced any proceeding involving the same issues before the
Supreme Court, Court of Appeals, or any other Government Agency or Tribunal;

b. To the best of my knowledge, no such action is pending before the Supreme


Court, Court of Appeals, or any other Government Agency or Tribunal;

c. If there be any similar action before the Supreme Court, Court of Appeals, or any
other Government Agency or Tribunal, I undertake to report the same within five
(5) days to the court where the original action and certification referred to
herein has been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of May 2011, in
the City of Baguio, Philippines.

JEY T. PONCE
Affiant

SUBSCRIBED AND SWORN to before me in the City of Baguio this 1 st day of May
2011 by Jey T. Ponce, personally known to me, who is the same person who personally
signed before me the foregoing affidavit and acknowledged that she executed the same.

LIYA ORTEGA-RODRIGUEZ
Notary Public
Until December 31, 2012
Doc. No. __78__; PTR No. 050183/Baguio City/01-11-11
Page No. _16__; Roll of Atty. No. 8121983
Book No. I ; IBP Lifetime Membership No. 9031984
Series of 2011. Baguio-Benguet