Republic of the Philippines

REGIONAL TRIAL COURT

8th Judicial Region
Borongan City
Branch 1

TONTON B. BAQUILOD,
Plaintiff, Civil Case No. 1125-16-4816

versus For: Recovery of Possession With

Damages with Prayer for the
Issuance of Preliminary Injunction

JANDO A. BUSTAMANTE,
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 Brgy.
Sabang South, Borongan City, Eastern Samar 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 Brgy. C, Borongan City 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
Sabang South, Borongan City, Eastern Samar. 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 Ravillas St.. 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 2017, plaintiff noticed an ongoing construction

of a concrete fence by the defendant along line 6-1 facing Ravilas St. 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, TONTON B. BAQUILOD, Filipino, of legal age, single, and a resident of of

Brgy. Sabang South, Borongan City, Eastern Samar, 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 16th Day of

December 2017 at Borongan City, Philippines.

TONTON B. BAQUILOD
Affiant
In witness thereof, I, Mr. Gwapo na Macho pa, counsel of the plaintiff, have
herunto set my hand this 16th Day of December 2017 at Borongan City,
Philippines.

Attorney Gwapo na Macho pa

Counsel for the Plaintiff
PTR No. 18909595:1-04-07:B.C.
IBP No, 693095:1-04-07:B.C.
Roll No. 42481:5-10-97: Borongan City
Sabang South, Borongan City, Eastern Samar

JURAT/NOTARIAL CERTIFICATE

The principal/affiant whose name and personal circumstances are stated

above appeared in person before me this 16th Day of December in the City of
Borongan, 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, 2016 at LTO Office, Borongan
City.
Doc. No. 35;
Page No. 40;
Book No5;
Series of 2017.
REQUIREMENTS IN
PRACTICE COURT I
(LEGAL FORMS)

SUBMITTED BY:
MA. ROZENE D. DAZA
STUDENT

SUBMITTED TO:
JUDGE RENATO NOEL ECHAGUE
PROFESSOR