Professional Documents
Culture Documents
versus
MANOLETTE SANTIAGO,
PROVINCIAL ASSESSOR,
REGISTRY OF DEEDS,
KALIBO, AKLAN.
,
MUNICIPAL ASSESSOR,
MALAY, AKLAN
Defendants.
x--------------------x
C O M P L A I N T
COME NOW the plaintiffs through the undersigned
counsel
and
to
this
Honorable
Court
most
respectfully allege:
1.That plaintiff TAWHAY RESORT ESTATE INC. is a
domestic Corporation duly organized and existing
under Philippine Laws with office address at
Sinagpa, Balabag, Malay, Aklan, while plaintiff who
filed
this
suit
as
the
duly
authorized
Pinaungon,
Balabag,
Boracay, Malay, Aklan
NORTH: Hallway
SOUTH: Wall of Unit LG-101
EAST: Wall of Unit LG-101
WEST: Wall of Unit LG-102
replead
all
the
15.
The Plaintiffs discovered that the defendant
Manolette Santiago, used his position as the
President of the corporation at that time and
20.
The
foregoing
allegations,
grounds
arguments are repleaded herein by reference.
and
21.
Plaintiff is entitled to the reliefs herein
prayed for, the whole or part of which consists in
restraining and prohibiting the defendant to
utilized, used and dispose the subject property
covered by Tax Declaration No. 3350, either for a
limited period or perpetually as the plaintiff is
clearly and undisputably the lawful owner and in
possession of the property for booking business
since 2008.
22.
As shown by the facts of this Complaint,
plaintiff will suffer irreparable injury if the
defendant will be allow to exercise any acts of
dominion over the subject property. The plaintiffs
will loss an income that is considered as his bread
and butter.
23.
Unless defendant Santiago is restrained from
utilizing and using the tax declaration number
3350, herein plaintiff will continually vindicate
his rights as the real and lawful owner at his own
expense.
It is settled that a writ of preliminary
injunction should be issued to prevent grave and
irreparable injury, that is, injury that is actual,
substantial, and demonstrable. In Social Security
Commission v. Bayona:1
Damages are irreparable within the meaning of
the rule relative to the issuance of injunction
where there is no standard by which their amount
can be measured with reasonable accuracy. "An
irreparable injury which a court of equity will
enjoin includes that degree of wrong of a repeated
and
continuing
kind
which
produce
hurt,
inconvenience, or damage that can be estimated only
by conjecture, and not by any accurate standard of
measurement." An irreparable injury to authorize an
injunction consists of a serious charge of, or is
1
in
the
MARIANIE C. TANATE
Counsel for the Plaintiffs
PTR No. 3738164/ 1-14-2015/Iloilo City
IBP Lifetime Mem. No. 0986661/6-24-2015/
Iloilo Chapter
Attorneys Roll No. 63444
MCLE Compliance No. V - 0014908
Door 11, 2nd Floor, Jamerlan Building
Iznart St., Iloilo City
Contact Nos. (033) 509-9729/09177285007
PROVINCIAL ASSESSOR
Municipality of Malay
Malay, Aklan
REGISTRY OF DEEDS
Kalibo, Aklan
MUNICIPAL ASSESSOR
Municipality of Malay
Malay, Aklan
EXPLANATION OF SERVICE
MARIANIE C. TANATE