Republic of the Philippines

MUNICIPAL TRIAL COURT

11TH Judicial Region
Davao City
Branch ______

KEVIN KELLER Civil Case No. ____________

Plaintiff, For: FORCIBLE ENTRY

-vs-

JOSIE MCCOY
Defendant.
x-------------------x

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. Plaintiff, is residing at 21 Casey St., Davao City, Philippines where he

may be served with court order and other processes.

2. Defendant is a resident of 12 Ashleigh St., Davao City where he may

be served with summons, order and other court processes.

3. Plaintiff became owner of a certain parcel of land, through a Deed of

Sale from the original owner, CLAIRE. (A copy of the Deed of Sale is
hereto attached as Annex “A”);

4. The parcel of land, situated in112 Riverdale St., Davao City, is covered
by Transfer of Certificate of Title No. 12345 issued by the Register of
Deeds of Davao City and is more particularly described, as follows:

TCT No. T-12345

“A parcel of land of the subdivision project

situated in the Barangay of Riverdale; City of
Davao; Island of Mindanao.
 Bounded as follows: On the N., along line 2-3 by
Road Lot 30/6.50 m. wide); on the E., along line 3-
4 by lot 8; on the S. along line 4-1, by lot 9; on the
W., along line 1-2 by lot 12, all of block 33, all of
the subdivision plan. Beginning at a point marked:
“1” on plan, being N. 19 deg. 44’W., 492.85 m.
from M.B.M. No. 17 Cad. 102. Containing an area
of TWO HUNDRED FIFTY (100) SQUARE METERS,
more or less.”

(Copy of TCT- 12345 is hereto attached as ANNEX “B”);

5. Herein Defendant, through stealth and strategy, occupied the parcel

of land in question and refuses to vacate the same despite repeated
oral and written demands. (Copy of the written demand is hereto
attached as Annex “C”);

6. The same acts of the Defendant compelled the Plaintiff to incur

damages consisting of attorney’s fees in the amount of Thirty
thousand pesos (P30,000.00) pesos and filing fee, cost of
transportation and other miscellaneous accommodation of its
lawyers and other personal expenses to be incurred in attending the
hearings of this case in the amount of FIFTY THOUSAND PESOS (Php
50,000.00).

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

PRAYER

IN VIEW OF THE FOREGOING, 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 Thirty Thousand Pesos (P30,000.00) by

way of attorney’s fees and Fifty Thousand Pesos (P50,000.00), by
way of other litigation expenses; and,
 (c) Pay the cost of this suit.

Plaintiff prays for such other remedies and reliefs as may be deemed
just and equitable under the premises.

February 7, 2020. Davao City, Philippines.

KEVIN KELLER
Plaintiff

Assisted by:

Atty. Aven Sina B. Caubang

Counsel for Plaintiff
Roll of Atty. No 718308
IBP No. 187308; 1/6/2020; Davao City
PTR No. 1806083A; 1/8/2020; Davao City

17-A, Aldevinco Shopping Center

C.M. Recto St., Davao City, Philippines
(082) 221-3362 | 09218215909
avencs@gmail.com

Republic of the Philippines

(City of Davao ) S.S.

VERIFICATION AND CERTIFICATION OF

NON-FORUM SHOPPING

I, KEVIN KELLER, of legal age, after having been duly sworn in accordance
with law, depose and state that:
1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis of copies of
documents and records in my possession;

4. I have not commenced any other action or proceeding involving the

same issues in the Supreme Court, the Court of Appeals, or any other
tribunal or agency;

5. To the best of my knowledge and belief, no such action or proceeding is

pending in the Supreme Court, the Court of Appeals, or any other tribunal
or agency;

6. If I should thereafter learn that a similar action or proceeding has been

filed or is pending before the Supreme Court, the Court of Appeals, or any
other tribunal or agency, I undertake to report that fact within five (5) days
therefrom to this Honorable Court.

Davao City, Philippines, February 7, 2020

Kevin Keller
Affiant

SUBSCRIBED AND SWORN to before me this February 7, 2020 at

Davao City, Philippines affiant exhibiting to me her Passport No.
5098766665-AC issued in DFA Davao 2019.

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2019.