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Republic of the Philippines

Municipal Circuit Trial Court


11th Judicial Region
Tago-San Miguel
Tago, Surigao del Sur

AAA,
Plaintiff, Civil Case No. ________

-VERSUS- For: FORCIBLE ENTRY


AND DAMAGES
BBB, CCC, DDD
Defendants.

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. That plaintiff AAA, of legal age, Filipino, married, is a


resident of Tago, Surigao del Sur, where she may be
served with court order and other processes;

2. That defendants BBB, CCC and DDD are all of legal age,
all Filipino, and all residents of Bajao, Tago, Surigao del
Sur where they may be served with summons, order and
other court processes;

3. That plaintiff is one of the legal heirs of DANILA, who died


on January 11, 2014 (DANILA for brevity). Copy of the
Certificate of Death of DANILA is hereto attached as
Annex “A” and made an integral part hereof;
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4. That the surviving heirs of DANILA are JJJ, her husband,
and her children with the latter namely AAA and LLL;

5. That the surviving heirs of DANILA executed a Special


Power of Attorney, naming AAA as their attorney-in-fact
for the filing of forcible entry of the land owned and
possessed by the heirs of DANILA. Copy of the Special
Power of Attorney is hereto attached as Annex “B” and
made an integral part hereof;

6. That DANILA became owner of a certain parcel of land,


through the contract of sale executed by the heirs of VVV,
namely FRANCISCA and CARMENCITA, who inherited a
portion of the land covered by Original Certificate of Title
No. 123, or an area equivalent to more or less 2.7500
Has, more or less bounded on the North by the share of
Josefa, East by the share of Colombano, South by the
share of Benjamin and Estrella;

7. That the plaintiff and the vendors executed a contract of


sale captioned as affidavit, in which the land owners
FRANCISCA and CARMENCITA agreed to sell, transfer,
and convey absolutely their respective shares unto
DANILA for the amount of TWO THOUSAND PESOS
(P2,000.00) in May 1985. Copy of the said document is
hereto attached as Annex “C” and made an integral part
hereof;

8. That the vendors acquired the said land from the late
DOMINGO after his estate was Extra-Judicially Settled

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naming VVV as owner of a portion equivalent to 2.7500
Has, more or less bounded on the North by the share of
Josefa, East by the share of Colombano, South by the
share of Benjamin and Estrella. Copy of the Extrajudicial
Settlement of Estate of Domingo is hereto attached as
Annex “D”;

9. That since 1983, DANILA and her heirs, occupied and


cultivated the subject land in the concept of an owner.
They live peacefully and harmoniously on the said land,
and they planted fruit bearing trees, vegetables and etc.;

10. That the disputed property is part and parcel of the land
situated in Bajao, Tago, Surigao del Sur, which is covered
by Original Certificate of Title No. 123, Homestead Patent
No. 4567 in the name of late Domingo;

11. That on December 9-11 2015, the herein Defendants


together with ND, JL, RV, through strategy, force,
intimidation and threat, all of them with bolos, upon the
command of the defendants, cut down the vegetables,
fruit bearing trees and trees in the lot owned and
cultivated by the heirs of DANILA. After which the herein
Defendants occupied the parcel of land in question,
constructed a fence and refused to vacate the same
despite repeated oral demands;

12. That as a result of the defendant’s unlawful occupation


of the property, destruction and theft of the planted fruit
bearing trees and the logs, the plaintiff suffered damages.
(Copy of the Extract Blotter of Tago Police Station on the

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report of damage of property is hereto attached as Annex
“E”.);

13. That 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); and

14. The Plaintiff initiated a Settlement in the Office of the


Lupong Tagapamayapa and Barangay Captain of Bajao,
Tago, Surigao del Sur, however, such remain futile. (Copy
of the Certificate to File Action issued by the Office of the
Barangay Captain and Lupon Tagapamayapa is hereto
attached as Annex “F”.)

PRAYER

WHEREFORE, premises considered, 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;

(c) Pay the cost of this suit; and


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

Respectfully submitted. October 27th, 2016. Tandag City


for Tago, Surigao del Sur, Philippines

ATTY. ABCDEFGHIJK
Counsel for the Plaintiff
PTR No. 6418791 July 5, 2016
Roll No. 123456 June 17, 2016

VERIFICATION AND CERTIFICATION


OF NON-FORUM SHOPPING

I, AAA, of legal age, married, Filipino citizen and resident


Tago, Surigao del Sur, under oath declare that:

a. I have caused the preparation of the Complaint;

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b. I have read it and its contents are true and correct of my
own personal knowledge and based on authentic records;
c. I have not earlier commenced a similar action against the
Defendant for the same cause with any other court tribunal
or quasi-judicial agency and to and to the best of my
knowledge, no such action or proceeding is pending before
the Supreme Court, the Court of Appeals or any other
tribunal or agency; And if there is any such action or
proceeding which is either pending or may have been
terminated, I must state the status thereof, and if I should
thereafter learn that a similar action or proceedings has
been filed or is pending before the Supreme Court, the Court
of Appeals or any other tribunal or agency, I shall undertake
to report that fact within five (5) days therefrom to the Court
or agency wherein the original pleading and sworn
certification contemplated therein have been filed.

IN WITNESS WHEREOF, I have hereunto set my hands this


27th day of October 2016 at Tandag City, Surigao del Sur.

AAA
Affiant
4P’s ID No. 12345

SUBSCRIBED and SWORN to before me this 27th day of


October 2016 at Tandag City, Surigao del Sur. Further, affiant
exhibited before me her valid proof of identification.

Doc. No. ; ____________


Page No. ; ____________
Book No. ; ____________
Series of 2016

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