Complaint Recovery of Possession

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT 6th Judicial Region Branch 10 San Jose RONELO C. CALUGAS, Plaintiff, 4816

Civil Case No. 1125-16-

versus Possession With with Prayer for the Issuance of Preliminary Injunction

For: Recovery of Damages

ROMEL A. DILAG, Defendant.

COMPLAINT COMES NOW, Plaintiff through counsel, to this Honorable Court most respectfully states: 1. That the plaintiff is of legal age, Filipino, single and a resident of Providence Subd., Brgy. Balabag, Pavia, Iloilo where he may be served with notices and orders of the Honorable Court; 2. That the defendant is likewise of legal age, married, Filipino and a resident of Poblacion, Barotac Viejo where he may served with summons, notices, orders and judgment of this Honorable Court; 3. That plaintiff is the absolute owner of a parcel of land which is registered in his name, described and bounded as follows: Transfer Certificate Title No. T-30630 “A parcel of land (Lot No. 14451-B, Psd-06-066845, being a portion of Lot 1451, San Jose Cad. 216), situated in the Barangay of Poblacion 08, Municipality of San Jose, Province of Antique, Island of Panay. Bounded on the SW., along line 1-2 by Lot 1452; on the NW., along line 2-3 by Lot 1450, both of San Jose Cad 216; on the NE., along lines 3-4-5-6 by Lot 1451-A, of this subd. survey; on the SE, along line 6-1 by Calle Comandante D. Nava. Contaning an area of FIVE HUNDRED FIFTY SEVEN (557) square meters, more or less.” Which parcel of land above-described has an assessed value of P96, 920.00 and market value of P484, 590.00 per tax declaration No. 01-008-01405, the owner’s machine copy of Transfer Certificate of Title T-30630 is hereto attached as Annex “A;”

4. That adjoining plaintiff’s land on the Northeast side along lines 3-4-5-6 is Lot no. 1451-A owned by the defendant; 5. That sometime in the year 2012, plaintiff noticed an ongoing construction of a concrete fence by the defendant along line 6-1 facing Calle Comandante D. Nava on the South Eastern part of plaintiff’s land described under paragraph 3 of this complaint; 6. That plaintiff requested the defendant to cease and desist in the construction of a concrete fence on plaintiff’s land and to remove that part of the fence which encroached on plaintiff’s land; 7. That far from complying with plaintiff’s valid and just demands, defendant did not stop the construction of a concrete fence along South Eastern side of plaintiff’s land instead, defendant erected a shed inside Lot No. 1451-B; 8. That plaintiff’s property unlawfully occupied by the defendant if rented is reasonably assessed at P 2,000.00 a month; 9. That as a result of the unwarranted and unjustifiable refusal of the defendant to cease and desist from erecting the concrete fence and to remove whatever structure he had caused to be erected on the land described under paragraph 3 of this complaint, plaintiff is constrained to secure the services of counsel and agreed to pay the sum of P 30,000.00 by way of attorney’s fees plus P 1,000.00 court appearances; 10. That as a consequence of the aforestated illegal acts of the defendant, plaintiff suffered sleepless nights and serious anxiety for which he asked the sum of P100,000.00 as moral damages and to set an example to others similarly situated plaintiff should awarded exemplary damages in the sum of P 50,000.00 and defendant to pay the cost of this suit.

PETITION FOR ISSUANCE OF THE WRIT OF PRELIMINARY INJUNCTION

Plaintiff re-pleads all the foregoing allegations by way of reference in so far as they are for the issuance of preliminary injunction. 1. That the plaintiff is entitled to the relief demanded and the whole or part of such relief consist in ordering the defendant to deliver to the plaintiff possession of the land subject of this case which is described under paragraph 3 of the complaint. 2. That the continued possession or continuance of the unlawful acts complained of during the litigation would cause irreparable damage to the plaintiff who is wrongfully prevented in entering and taking possession of his land and considering that the defendant has already constructed a structure on the land and may continue to make further construction thereon; 3. That the plaintiff is able and willing to put up an injunction bond in the sum fixed by this Honorable court, executed in favor of the defendant to the effect that the plaintiff will pay all damages which defendant may suffer as a result of the injunction if the court should finally decide that plaintiff is not entitled thereto.

PRAYER WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that pending final judgment, a writ of preliminary mandatory injunction be issued ordering the defendant to vacate and deliver to the plaintiff the land described under paragraph 3 of the complaint and after due hearing making the injunction permanent and further after due notice and hearing, judgment be rendered in favor of the plaintiff, as follows: 1. Ordering the defendant demolish and/or to remove at his expense whatever structure he caused to be constructed on Lot No. 1451-B and also to demolish and/or remove the concrete fence constructed on the South Eastern side of Lot No. 1451-B which is described under paragraph 3 of this complaint. 2. Ordering the defendant his servants and those residing and working under them to vacate Lot No. 1451-B and to deliver possession thereon to the plaintiff; 3. to pay the plaintiff the sum of P2,000.00 a month until such time that the land Lot No. 1451-B is delivered to the plaintiff; 4. Ordering the defendant to pay the plaintiff the sum of P30,000.00 as attorney’s fees and the sum of P1,000.00 per court appearance;

5. Ordering the defendant to pay plaintiff the sum of P100,000.00 by way of moral damages and the sum of P50,000.00 by way of exemplary damages; 6. Ordering the defendant to pay plaintiff such amount proven in court as additional expenses.

Such other relief and remedy which this Honorable Court may deem just and equitable is likewise prayed.

VERIFICATION/CERTIFICATION I, RONELO C. CALUGAS, Filipino, of legal age, single, and a resident of Providence Subd., Brgy. Balabag, Pavia, Iloilo, after having been duly sworn in accordance with law, depose and say: 1. I am the defendant in the above-entitled case; 2. I have caused the preparation of this Complaint; 3. I have read and understood the contents of the same and that the allegations stated therein are true and correct to the best of our personal knowledge and based on the authentic records; 4. That hereby certify that at the time of the filing of this Complaint, I have not commenced any other action involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency; that to the best of my knowledge, no such action is pending or was terminated in the Supreme Court, similar action has been filed or is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency wherein the original pleading and sworn certification has been filed. IN WITNESS WHEREOF, I have hereunto affixed my signature this _____ day of _______, 2014 at Iloilo City, Philippines.

RONELO C. CALUGAS Affiant JURAT/NOTARIAL CERTIFICATE The principal/affiant whose name and personal circumstances are stated above appeared in person before me this 5th day of June, 2014 in the City of Iloilo, presented the foregoing verification/certification, signed the same in my presence, and affirmed or swore under oath to the truth and correctness of the contents or allegations of the same.

The principal/affiant is personally known to me and they exhibit to me his Driver’s License No. 00423768 issued on May 28, 2012 at LTO Office, Iloilo City. Doc. No. __________; Page No. __________; Book No. __________; Series of 2014.