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Republic of the Philippines

12TH MUNICIPAL TRIAL COURT
SECOND JUDICIAL REGION
Province of Cagayan
TUGUEGARAO CITY-CAGAYAN
APOLINARIO DELA CRUZ SR.,
and
APOLINARIO DELA CRUZ JR.,
CIVIL CASE NO.___________
Plaintiffs,
- versus

FOR: FORCIBLE
WITH DAMAGES

ENTRY

JOSE RIZAL and

IMELDA MABINI
Defendants.
x----------------------------------x
COMPLAINT
PLAINTIFFS, by counsel, unto this most Honorable Court,
respectfully allege that:
THE PARTIES
1.

Plaintiffs are Filipino citizens, both of legal age, both

married, plaintiff Apolinario Dela Cruz Sr. is a resident of Bayo,

Iguig, Cagayan while plaintiff Apolinario Dela Cruz Jr. is a
resident of Campo, Iguig, Cagayan where they may be served

with orders, notices and other processes issued by the

Honorable Court;
2.

Defendants Imelda Mabini and Jose Rizal, are also of

legal age, Filipino citizens, live-in partners and residents of Ajat,

Iguig, Cagayan where they may be served with summons and
other court processes;
3.

Plaintiffs were tilling a parcel of land owned by the late

Olympia Racraquin. Plaintiffs started tilling the said land on the

year 1999 when the late Olympia Racraquin signed a
KATULAGAN, wherein she borrowed money to herein plaintiffs
and in return she let herein plaintiffs till her parcel of agricultural
land located at Ajat, Iguig, Cagayan with an area of Seven
Thousand Square meters (7,000 sq.ms.) more or less covered
under Transfer Certificate of Title No. CLOA-12101. A machine
copies of the said KATULAGAN and the said Transfer Certificate
of Title No. CLOA-12101 are hereto attached, made an integral
part of this complaint and marked as Annex A and Annex B
hereof;
4.

Plaintiffs then started tilling the said agricultural land in the

year 1999 up to the 2nd cropping of the year 2011. A

certification from the Office of the Punong Barangay of Ajat,
Iguig, Cagayan certifying that herein plaintiff Apolinario Dela
Cruz Jr is the actual tiller/cultivator of the parcel of land owned
by the late Olympia Racraquin. A machine copy of the said
Certification is hereto attached, made an integral part of this
complaint and marked as Annex C hereof;

5.

On the month of July 2012, when the 1st cropping was

about to come, herein plaintiffs were shocked and surprised

when Dominador Racraquin informed them that Jaime Balisen, accompanied by his live-in partner, Eufemia Wayacan
Malalad, were tilling the above-mentioned parcel of land
without the knowledge nor the consent of herein plaintiffs;
6.

After knowing what the herein defendants were doing in

the said parcel of land, herein plaintiffs visited the said land
and they saw that indeed it was already plowed and ready for
planting. Herein plaintiffs decided to plant the said parcel of
land because for them Jaime Bal-isen and Eufemia Wayacan
Malalad has no authority whatsoever over the said parcel of
land. However, when they planted it with palay through direct
seeding, Eufemia Wayacan Malalad and Jaime Bal-isen
irrigated the said parcel of land that resulted to some of the
palay seeds to die, to the damage and prejudice of herein
plaintiffs;
7.

Herein plaintiffs reported the matter to the Barangay

Chairman of Ajat, Iguig, Cagayan and confrontations and

hearing ensued but no settlement was reached. A machine
copy of the Certification to File Action issued by the Lupong
Tagapamayapa of Ajat, Iguig, Cagayan is hereto attached,
made an integral part of this complaint, and marked as Annex
D hereof;
8.

Herein plaintiffs tried to talk with herein defendants in

order to settle the matter out of court because defendant is

the nephew of plaintiff Apolinario Dela Cruz Sr., however, Jose

Rizal and Imelda Mabini do not want to talk with them;
9.

For fear that something may happen to their life, herein

plaintiff do no more moves and just observed what the

defendants will further do to the said parcel of land. To their
surprise, herein defendants stop cultivating the said land but
when the plant was already ripe and ready to be reaped,
herein plaintiffs were again shocked when they were informed
that herein defendants reaped the standing crop;
10.

Before the start of this cropping season this year 2013,

herein plaintiffs decided again to till the said parcel of land but
before they can proceed they were again shocked and
surprised that it was already plowed and planted by palay by
herein defendants to the damage and prejudice of herein
plaintiffs;
11.

Herein plaintiffs were in prior physical possession of the

said land from the year 1999 until they were dispossessed by
herein defendants through stealth and intimidation;
12.

As a result of defendants act, and in danger of losing the

land they are tilling to herein defendants on account of the

latters unlawful acts, herein plaintiffs have suffered mental
anguish, serious anxiety and sleepless nights which would entitle
them the grant of moral damages in the amount of not less
than FIFTY THOUSAND (P 50,000.00) PESOS which should be
assessed against defendants;

13.

So as to deter others similarly situated who by themselves

are with an inclination to unlawfully and forcibly enter

properties without the knowledge and consent of the property
owner, defendants should be assessed to pay plaintiffs
exemplary damages in an amount not less than TWENTY
THOUSAND (P 20,000.00) PESOS;
14.

To protect their rights, plaintiffs were constrained to

engage the services of counsel for a fee in the filing of the

foregoing Complaint; thus, defendants should be made liable
to pay plaintiffs attorneys fees and litigation expenses in
the

amount

of FIFTY THOUSAND (P 50,000.00) PESOS and

appearance fees of TWO THOUSAND (P 2,000.00) per court

appearance;

WHEREFORE, in view of the foregoing, it is respectfully

prayed of this most Honorable Court that after hearing, a
Judgment be rendered directing the defendants and all
persons acting on their behalf in claiming rights, title and
interest in the property of plaintiffs to vacate the premises, and
for defendants to pay plaintiffs the following, to wit:
1.

Moral damages in an amount not less than Fifty Thousand

(Php.50,000.00) Pesos;
2.

Exemplary damages in an amount not less than Twenty

Thousand (Php.20,000.00) Pesos;

3.

Attorneys fees of Fifty Thousand (Php.50,000.00) Pesos

and appearance fee of Two Thousand (Php. 2,000.00) per

court appearance; and

4.

Costs of suit.

Other remedies and reliefs which are just and equitable are
likewise prayed for.
Iguig, Cagayan December 13, 2014.

ATTY. JAMES WILLIAM MARIANO

Counsel for the Plaintiffs
Natl Highway, Tuguegarao City, Cagayan
Attorneys Roll No. 54654
IBP No. 927307, Tuguegarao City, 1-29-13
PTR No.3202399, Tuguegarao City, Cagayan, 1-21-13
MCLE Compliance No. 1110016263, 05-31-10

VERIFICATION & CERTIFICATION

WE, APOLINARIO DELA CRUZ SR., and APOLINARIO DELA
CRUZ JR., Filipino citizens, all of legal age, after having been
duly sworn to in accordance with law, depose and say:
That we have caused the preparation and filing of the
foregoing Complaint, the contents of which we have fully
understood and attest to be true and correct of our own
personal knowledge and belief and based on true and faithful
documents; that we hereby certify that we have not
theretofore commenced any other action or proceeding
involving the same issues in the Supreme Court, the Court of
Appeals or different divisions thereof, or any other tribunal or
agency, and to the best of our knowledge, no such action or
proceeding is pending therein; and should I thereafter learn
that the same or similar action or proceeding has been filed or
is pending before the Supreme Court, the Court of Appeals, or
different divisions thereof, or any other tribunal or agency, we
undertake to promptly inform the aforesaid courts and other
tribunal or agency thereof within five [5] days therefrom.

WITNESS OUR HAND this 13th day December 2014 at

Tuguegarao City, Cagayan, Philippines.
APOLINARIO DELA CRUZ SR.
Affiant
Senior Citizens ID No. 3758
Issued on 11-19-2012
Issued at Bayo, Iguig,
Cagayan

APOLINARIO DELA CRUZ JR.

Affiant
Drivers License No. B12-07003153
Valid until 2013-07-25

SUBSCRIBED & SWORN to before me this 13th day of

December 2014 at Tuguegarao City, Cagayan, Philippines.

Doc. No.
Page no.
Book no.
Series of

743
80
11
2014