Republic of the Philippines

MUNICIPAL TRIAL COURT

Branch 2
Baguio City

IYA ARELLANO,
Plaintiff,

-Versus- CIVIL CASE No. 3479

For: FORCIBLE ENTRY
ANDREW VILLANIA,
Defendant.

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C O M P L A I N T

WITH UTMOST DEFERENCE TO THE HONORABLE COURT:

Plaintiff, by and through the undersigned Counsel unto the Honorable Court, states:
1. Plaintiff is of legal age, Filipino, single, and a resident of #74 Rimando Road,
Aurora Hill, Baguio City;

2. Defendant is of legal age, Filipino,single, and a resident Wangal, La Trinidad,

Benguet, where he may be served with Summons and other Court Processes;

3. Plaintiff is the owner of a parcel of land covered by Tax Declaration No. 12345,
declared under her name, and located at #12 Maria Basa Compound, Baguio City,
a copy of said Tax Declaration is hereto attached as Annex “A” and made an
integral part hereof;

4. Sometime on 14 September 2012, without the Plaintiff’s knowledge and

permission, Defendant, with several persons working under them, through stealth
and strategy, entered and fenced the aforesaid property, photographs to this effect
are hereto attached as Annex “B’ and made an integral part hereof;

5. Immediately upon learning of the Defendant’s act, Plaintiff proceeded to the

aforesaid property and confronted the Defendant and their workers, however,
Defendant ignored the Plaintiff;

6. Thereafter, Plaintiff sought the assistance of Punong Barangay Benny B.

Dangpayan, but the same was futile because no settlement was reached in said
forum, thus, a certificate to file action was issued, a copy of which is hereto
attached as Annex “C” and made an integral part hereof;

7. Up to the present time, Defendant and their workers are continuously constructing
the fence on the aforesaid property against the will of the Plaintiff, in blatant
violation of the right of the Plaintiff;

8. The aforesaid act of the Defendant, if not restrained, would work injustice to the
Plaintiff;

9. The Plaintiff hereby applies for a Writ of Preliminary Injunction to restrain the
Defendant from the act herein complained of, and for this purpose hereby offers a
bond in such sum as this Honorable Court may fix;

10. As a consequence of Defendant’s malicious act and wrongful deed as heretofore

 described, plaintiff suffered and will continue to suffer sleepless nights, serious
anxiety, wounded feelings and grave moral shock for which she should be
compensated moral damages in the amount of P 50,000.00;

11. In order to deter Defendant and other persons from their ilk in performing similar
malicious acts, Defendant should be assessed the amount of P 50,000.00 as and by
way of exemplary damages;

12. And finally, in filing this action in order to seek redress for her grievances and
recover damages, plaintiff was compelled to engage the services of the
undersigned Counsel for an agreed fee of P 20,000.00 as and by way of
acceptance fee plus the sum of P1,500.00 as and by way of appearance fee for
each attendance in court during trial.

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable Court that:

a. After due notice and hearing, a Preliminary Injunction be issued forthwith to

restrain Defendant from doing the act herein complained of; namely, the fencing
of the Plaintiff’s aforementioned property; and that after trial, said injunction be
made permanent;

b. After trial, judgment be rendered in favor of the Plaintiff ordering Defendant to

pay the Plaintiff:

The amount of P 50,000.00 as and by way of moral damages;

The amount of P 50,000.00 as and by way of exemplary damages;
The amount of P 20,000.00 as and by way of attorney’s fees, plus the amount of
P1,500.00 per attendance in Court as and by way of appearance fees;

c. Costs.

d. Other reliefs, just and equitable under the premises, are likewise prayed for.

Respectfully submitted this 11th day of January 2014, in the City of Baguio.

ATTY. JOSELITO AGBUGGO

Counsel for the Plaintiff
Room 201 Lopez Bldg.,
Session Road, Baguio City
Until December 31, 2014
Roll No. 12345; 1-30-2012
PTR No. 1865421, 1-31-2014
IBP Lifetime No. 2489

REPUBLIC OF THE PHILIPPINES }

DONE: IN THE CITY OF BAGUIO } S.S.
X ========================== X

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, IYA ARELLANO, of legal age, single, Filipino citizen, and a resident of #74
Rimando Road, Aurora Hill, , Baguio City, hereby declare under oath that:
1. I am the plaintiff in the Civil Case Number 3479 for Forcible Entry; I have caused the
preparation of the foregoing complaint; I have read and understood the contents of the same;
and that all the allegations therein are true and correct of my own knowledge and based on
authentic documents;

2. I FURTHER CERTIFY THAT:

a. I have not commenced any proceeding involving the same issues before the Supreme
Court, Court of Appeals, or any other Government Agency or Tribunal;

b. To the best of my knowledge, no such action is pending before the Supreme Court,
Court of Appeals, or any other Government Agency or Tribunal;

c. If there be any similar action before the Supreme Court, Court of Appeals, or any
other Government Agency or Tribunal, I undertake to report the same within five (5)
days to the court where the original action and certification referred to herein has
been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this 31st day of January 2014,
in the City of Baguio, Philippines.

IYA ARELLANO
Affiant

SUBSCRIBED AND SWORN to before me in the City of Baguio this 31st day of January
2014 by IYA ARELLANO, personally known to me, who is the same person who personally
signed before me the foregoing affidavit and acknowledged that she executed the same.

JO-ANNE M. VENTIGAN
Notary Public for Baguio City
Until December 31, 2014
4F La Azotea Bldg., Session Road, Baguio City
Tel No.: (074)-442-3396
PTR No. 22222; 1/07/2012; Baguio City
IBP OR No: 7654321; 1/07/2012; Baguio City
Roll No.: 82112; 4/08/2004
Commission Serial No.: 74-NC-12 (R)
MCLE Compliance No.: IV-34458; 04/28/2012
TIN No: 802-112-107

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Page No. __;
Book No. I;
Series of 2014