Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Region
Quezon City

RAYMOND E. MANALO,
Plaintiff,

- versus - CIVIL CASE NO.: _____________

For: Damages, with Attorneys Fees
(RET) LT. GEN. HERMOGENES C.
ESPERON, (RET) MGEN. JOVITO
PALPARAN JR., (RET) MGEN.
JUANITO GOMEZ, T/MSGT.
RIZAL HILARIO ALIAS ROLLY
CASTILLO, M/SGT. ARMAN,
DONALD ALLAN CAIGAS
MICHAEL DELA CRUZ,
MADNING DELA CRUZ, PUTI
DELA CRUZ, PULA DELA CRUZ,
RANDY MENDOZA, RUDY
MENDOZA, PABLO CUNANAN,
JUNIOR LINGGASA, AMANG
RAMIREZ, MARTI ADREANO,
KAPITAN, PJ, PARUNGAO,
KAYAT, ALIAS BARANGAY
CAPTAIN, HEPE NG
BARANGAY TANOD SAPANG
SAN MIGUEL BULACAN, AND
JOHEN DOES ,
Defendants.
X-------------------------/

COMPLAINT

Plaintiff, by counsel, respectfully states that:

1. Plaintiff is a Filipino citizen, of legal age, and a farmer with

residence at Barangay Bohol na Manga, San Idelfonso, Bulcanan;

2. Defendants are for sure members of the Armed Forces of the

Philippines with general headquarters at Camp Aguinaldo, EDSA, Quezon

City where defendants can be served with summons and other court

processes for defendants Hermogenes Esperon, Jovito Palparan, Jr., and

Juanito Gomez who were the commanding generals of the 7th Infantry

Division, and can be served with summons at the Office of the Association
of Generals and Flag Officers (AGFO), Camp Aguinaldo, EDSA, Quezon

City, except for MICHAEL DE LA CRUZ, MANDING DE LA CRUZ, JOSE

DE LA CRUZ, PULA DE LA CRUZ, of Sitio Muzon, RANDY MENDOZA,

RUDY MENDOZA, of Hulo, PABLO CUNANAN, JUNIOR LINGGASA of

Luwasan, all of Bohol na Mangga, San Idelfonso, Bulacan where they can

be served with summons and other court processes, MARTI ADRIANO, a

certain KAPITAN; KONSEHAL PARUNGAO, AMANG RAMIREZ, a certain

PJ, a certain KAYAT, the Barangay Captain in 2006 and the Barangay

Tanod Chief in 2006 are all of Sapang, San Miguel, Bulacan where they

can be served with summons and other court processes;

3. Defendants are public employees and/or officers while

defendants Esperon, Palparan and Gomez was at the time of the incident a

public officer and the commanding general of the 7th Infantry Division, Fort

Magsaysay,Laur, Nueva Ecija;

4. On February 14, 2006, defendants, by direct participation or as

principals by induction through their orders and complicity, with other

defendants with other unidentified men all armed with high power rifles

abducted, kidnapped from his home at Bohol na Manga, Bulacan, detained,

restrained plaintiff, RAYMUND E. MANALO of his liberty and was brought

to different camps, detachments and a barangay hall in highly illegal and

internationally condemned rendition of abductees;

5. Defendants, by direct participation or as principals by induction

through their orders and complicity, tortured, mandhandled, cruelly and

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inhumanely treated plaintiff with impunity and with depravity from

February 14, 2006 up to August 13, 2007 or nearly a year and a half;

6. Defendants likewise forced plaintiff into involuntary servitude for

nearly a year and a half;

7. Defendants likewise forced plaintiff to watch other people being

tortured and killed during all the time he was abducted by defendants;

8. Plaintiff was detained illegally, without any charge, and without

any lawful grounds under inhuman conditions, tortured, mentally and

physically for ONE (1) year and 4 months until he escaped his captors in a

daring escaped.

9. Within the same period above stated, the defendants also

detained plaintiff incommunicado and without affording them the right to

be heard by counsel or any member of their immediate families.

10. The defendants actuations of unlawfully depriving plaintiff of

his liberty without lawful grounds and without charging him for any

offense, searching his person, unlawfully detaining him incommunicado,

and denying him visits by counsel or by members of their immediate

family, and subjecting him to severe torture, humiliating torture and

detaining him under inhuman conditions and subjecting him to further

threats and torture or undue influence, intimidation and violence, with the

view of eliciting from them admissions of guilt with respect to the crime of

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rebellion, which constitute violations of rights and liberties of plaintiff,

guaranteed and safeguarded by no less than the constitution and also

constitute actionable torts in accordance with paragraph (4), (9) and first

clause of paragraph (16) of Article 32 of the Civil Code.

10. Defendants acts, thus described, caused plaintiffs to suffer

physical suffering, mental anguish, fright, serious anxiety, besmirched

reputation, wounded feelings, moral shock, social humiliation and other

similar injuries which though incapable of pecuniary estimation are the

proximate result of the respondents wrongful acts, in the amount of TWO

HUNDRED FIFTY THOUSAND PESOS (P250,000).

11. Defendants should be taught a lesson entitling plaintiff

exemplary damages in the amount of ONE HUNDRED THOUSAND PESOS

(Ps. 100,000.00);

12. In view of the violations to the rights of herein plaintiffs and the

injuries they incurred, plaintiffs were compelled to seek the assistance of

counsel to institute the present suit of damages and a criminal complaint

with the Office of the Ombudsman, thereby incurring at their expense,

attorneys fees and the costs of the present litigation in the amount of

FORTY FIVE THOUSAND PESOS (P45,000) and FIVE THOUSAND PESOS

(P5,000), respectively.

WHEREFORE, in accordance with paragraph (4), (9) and first clause

of paragraph (16) of Article 32 of the Civil Code, plaintiffs respectfully

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prays for judgment in their favor by ordering defendants to pay the

amount of TWENTY FOUR THOUSAND PESOS (Ps. 24,000.00) as actual

and compensatory damages, moral damages in the amount of ONE

HUNDRED SEVENTY SEVEN THOUSAND PESOS (Ps. 177,000.00) AND

attorneys fees and cost litigation in the total amount of FIFTY FIVE

THOUSAND PESOS (Ps. 55,000.00).

OTHER JUST AND EQUITABLE RELIEFS and remedies are prayed

for.

DONE. QUEZON CITY, PHILIPPINES. SEPTEMBER 12, 2008

REX J.M.A. FERNANDEZ

PTR PTR 3613526, 1/10/08, Cebu Prov.
IBP No. 01032 Lifetime Member
Roll No. 37453
No. 1 Maaralin Street cor. Matatag Street,
Brgy. Central, Quezon City
Philippines

Republic of the Philippines)

Quezon City...) s.s.

VERIFICATION AND CERTIFICATION

RAYMOND E. MANALO, after having been sworn to in accordance with

law, states and declares that he is the plaintiff in the above-entitled complaint,
that he has caused the preparation of the above complaint and has read and
knows the same; the allegations therein are true to his own personal knowledge,
and he has not filed or commenced any action or proceeding involving the same
issues nor is there any proceeding or action pending before the Supreme Court,
Court of Appeals or in any tribunal or agency involving the same parties and
issues, nonetheless, Plaintiff herein will file a criminal complaint with the Office of
the Ombudsman against the defendants in the present complaint for damages,
which criminal complaint pertains to the acts and omissions of defendants

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amounting to violations of Article 124, and Article 296 of the Revised Penal Code
and violations of the Republic Act No. 7438, paragraphs (a) and (b), Section 4
therein, but which complaint is of a different nature, being criminal, with the
instant complaint for damages which is civil and involves different issues and
prayers for relief; and in the event that Plaintiff would know that there is an action
or proceeding involving the same issues and parties, he undertakes to notify this
Honorable Court of the pendency of such action within five (5) days from
knowledge thereof.

RAYMOND E. MANALO

SUBSCRIBED AND SWORN to before me this __th day of SEPTEMBER

12, 2008, at Quezon City, Philippines by affiant showing his CTC No. 05409598,
issued on 9/12/08 at Quezon City, Philippines.