ALLEGATIONS BOLSTERING THE PRAYER FOR

THE ISSUANCE OF A TEMPORARY

RESTRAINING ORDER

1. Petitioner, to avoid great and irreparable injuries, also

seek the issuance of a temporary restraining order and/or writ
of preliminary injunction, enjoining respondents from ejecting
petitioner over the subject property and to enjoin them from
selling, alienating and disposing the subject property during the
pendency of the case. The petitioner is willing to post the
reasonable bond as may be required by the Honorable Court of
Appeals.

2. Petitioner stands to lose her only family home, which

under the law, is exempt from execution. If the issuance of a
writ of possession will proceed and respondents will evict
herein petitioners from her very own family home, an
irreparable injury and injustice would ensue.

3. There is no appeal nor any plain speedy and

adequate remedy in law from the aforementioned Orders,
except the instant petition for certiorari.

4. That unless a Temporary Restraining Order be issued

immediately before the rights of the parties be determined and
settled, the properties of petitioner will be unlawfully disposed
of and pending determination of the rights of petitioner, it
would not only inflict great and irreparable injury and damages
but also irreparable damage and injustice to the petitioner as
well and would complicate, aggrevate and multiply those issues
that may be raised on appeal, particularly In the award of
damages.

5. Petitioner is ready and willing to file a bond executed

to respondent in an amount to be fixed by this Honorable Court
of Appeals, to the effect that petitioner will pay to private
respondents all damages which it may sustain by reason of the
injunction, if this Honorable Court of Appeals should finally
decide that petitioner is not entitled thereto.
 ALLEGATIONS BOLSTERING THE PRAYER FOR
THE ISSUANCE OF A TEMPORARY
RESTRAINING ORDER

1. As borne by the foregoing disquisition, it is shown

that the act of the Honorable Public Respondent Presiding
Judge in granting execution of judgment is a total abuse of
discretion, which is tantamount to lack of jurisdiction, and it is
improper and highly irregular in proceedings, realizing that
herein petitioners will be ordered ejected and/or evicted
without indemnifying them of their family homes, which they
constituted and lived with for a very long time. In fact, the
Honorable Public Respondent ruled that they are “builders in
good faith”. Moreover, herein petitioners are being ordered
ejected in the subject properties without private respondent
filing the necessary ejectment suit against them. All these
maneuvers are in utter disregard of petitioners’ constitutional
guarantees, more importantly the “due process clause”, and by
reason of judicial power (Article VIII, Section 01 of the 1989
Constitution), this Honorable Court has the duty to settle herein
controversies involving the rights of petitioners, and so as not
to render these controversies moot, an injunction (TRO) comes
as an aid.

2. Prescinding from the abovenamed issues, the

petitioners are in a precarious position due to the issuance of
the Notice to Vacate dated 27 May 2010 and herein petitioners
are given only up to 15 June 2010 within which to vacate their
family homes.

3. The petitioners stand to lose their family homes

which they and their respective families have been living
starting the time that their ancestors were still alive and up to
this very present. If the execution will proceed, an irreparable
injury, damage and injustice would ensue and herein
petitioners and their families will be displaced from their
respective family homes. Petitioners and their respective
families will be left “homeless”, as they are disenfranchised by
a void Orders aforestated. In which events, losses and
damages which petitioners may sustain become irreparable
injury in the legal context.

4. There is no appeal nor any plain speedy and

adequate remedy in law from the aforementioned Orders dated
18 September 2009 and 15 May 2010.

5. That unless a Temporary Restraining Order be issued

immediately before the rights of the parties be determined and
settled, the petitioners will be unlawfully displaced of and
pending determination of the rights of petitioners, it would not
only inflict great and irreparable injury and damages but also
irreparable damage and injustice to the petitioners as well and
would complicate, aggravate and multiply those issues that
may be raised on appeal.

6. Petitioners are ready and willing to file a bond

executed to respondents in an amount to be fixed by this
Honorable Court of Appeals, to the effect that petitioners will
pay to private respondent all damages which it may sustain by
reason of the injunction, if this Honorable Court of Appeals
should finally decide that petitioners are not entitled thereto.