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Republic of the Philippines

MUNICIPAL TRIAL COURT
10th Judicial Region
Branch __
Misamis Oriental

CHRISTINE MALINGIN and ROBERT CIVIL CASE NO. ______________

MALINGIN,
Plaintiffs,

-versus- For:

FROCIBLE ENTRY
DONNA CLOSAS and JAY VASQUEZ,
Defendants.
x---------------------------------------------x

COMPLAINT

PLAINTIFFS, CHRISTINE MALINGIN, hereinafter referred as “Christine”, and

ROBERT MALINGIN, hereinafter referred as “Robert”, by counsel, unto this Honorable Court,
most respectfully state that:

1. Plaintiffs, Christine and Robert, Filipinos, widow and single, respectively, both are of
legal age, and residents of Zone 6 Poblacion, Laguindingan, Misamis Oriental,
Philippines, where they may be served with summons and other pertinent orders.
Robert is the son of Christine.

2. Defendants, Donna Closas, hereinafter referred as “Donna”, and Jay Vasquez,

hereinafter referred as “Jay”, Filipinos, both of legal age, and residents of Cagayan de
Oro City. Defendants are siblings and heirs of the deceased Matt Cahoy, hereinafter
referred as “Matt”.

3. Sometime in August 2000, Matt employed Christine as his personal secretary to help
organize some of his businesses. In March 2010, Matt saw that Christine has potential
to manage a business, and thus, assigned to her the management of a tobacco
warehouse located at Laguindingan, Misamis Oriental. Subsequently, the tobacco
warehouse was registered before the Securities and Exchange Commission (SEC)
under the partnership of Matt and Christine.

4. Out of the proceeds of her share from the partnership, Christine bought a vacant lot
located at Zone 10 Poblacion, Laguindingan, Misamis Oriental, and constructed a
small residential building therein. This land and building became the residence of the
plaintiffs since 2015. (Copies of Deed of Absolute Sale, Barangay Certificate, and Community
Tax Certificate are hereto attached as Annexes “A”, “B”, and “C”, respectively, and made
integral part hereof.)

5. In March 2019, it was found out that Matt has Stage IV Liver Cancer and was brought
by Christine to Southern Philippines Medical Center, Davao City. Matt’s health
progressively deteriorated and eventually died on April 9, 2019.
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6. Meanwhile, on that said date, upon hearing the tragic death of their father, the
defendants, who were in Cagayan de Oro City, immediately went to Zone 10,
Publacion, Laguindingan, Misamis Oriental together with five (5) unknown
individuals. The defendants and the unknown individuals there and then unlawfully
and forcibly opened the gate and entered the aforementioned residence of the
plaintiffs.

7. Robert, who was inside the residential building, was shocked upon witnessing the
defendants’ unlawful acts of illegally entering their property. Robert was confronted
by Donna and was told that the former should vacate the property because the same
was owned by their father. Further, Donna stated that the said property was
purchased using the tobacco business of their father and that the defendants are the
rightful owner of the same since they were the heirs of the deceased Matt.

8. Robert, who was frightened and unarmed with knowledge on his rights over the
property, was forced to leave and vacate the property. Immediately after being ousted,
Robert called her mother, Christine and reported the incident.

9. On April 10, 2019, Christine immediately left Davao City and headed to Laguindingan.
Thereafter, the plaintiffs met and proceeded to their residence, however, they failed to
enter their property because the gate was locked from the inside by the defendants.

10. Plaintiffs called the attention of the defendants and tried to settle the matter.
Christine tried to explain to the defendants that the property they forcibly took
possession of was bought using her money from the tobacco partnership.
However, defendants refused to believe Christine and left a statement that if
plaintiffs will not leave the vicinity, something unpleasant might happen to them.

11. Thereafter, the plaintiffs went to the provincial police station and reported the
matter. Police Officer Romelito Lomocso and Police Officer Anna Niog went to the
said residence and confronted the defendants but the latter refused to leave
because of their false belief that the same was theirs by virtue of succession.

12. The police officers were persuaded by the defendants and advised the plaintiffs to
look for a lawyer to help them establish their rights over the property.

13. On April 13 and 15, 2019, the plaintiffs brought the matter before the Barangay
Lupon hoping for a settlement of the issue but to no avail, the defendants did
appear and presented no interest to resolve the issue.

14. On April 15, 2019, the Barangay Lupon of Poblacion issued a Certificate to File
Action to bring the matter before the court. (A copy of Certificate is hereto attached as
Annex “D” and made integral part hereof.)

15. Despite various pleas and demands made by the plaintiffs, the defendants refused
to vacate the subject property owned and previously possessed by the former.
(Copies of Demand Letters are hereto attached as Annexes “E” and “F”, and made integral
part hereof.)

16. The illegal possession of the defendants of the land and residential building owned
by the plaintiffs have brought anxiety, sleepless nights, mental anguish, fright,
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wounded feelings, and similar feelings towards the latter. Such, if quantified in
monetary terms, may amount to Fifty Thousand Pesos (P50,000.00).

17. In addition, such illegal acts of the defendants were so offensive to the existing
public policy and the existing laws as they have deprived the plaintiffs of their
only home and forced the latter to relocate. Such odious act should be made as an
example to the society and should merit the plaintiff an award for exemplary
damages of P30,000.00.

18. By reason of the illegal acts of the defendants over the property subject of this case,
plaintiffs were constrained to file this action for forcible entry thereby engaging the
services of a legal counsel in the contractual amount of P50,000.00, excluding other
expenses of litigation.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable

Court that a decision be rendered in favor of the plaintiffs and order the defendants to vacate
the premises of the subject land and building, and to pay the following sums, to wit;

1. P50,000.00 as moral damage;

2. P30,000.00 as exemplary damage;

3. P50,000.00 as attorney’s fees, and

4. Cost of suit.

OTHER RELIEF IN EQUITY ARE LIKEWISE PRAYED FOR.

Cagayan de Oro City, January 31, 2020.

_____________________________________
Roll of Attorneys No. 98951
IBP Lifetime Member No. 010915
PTR No. 4121360; January 3, 2019
MCLE Compliance No. VI-0045287/January 11, 2019
Jayson.abarra@gmail.com