Republic of the Philippines

MUNICIPAL TRIAL COURT

Eleventh Judicial Region
Branch 1, Davao City

JIMMEY C. KIMMEL
Plaintiff,

- versus - Civil Case No. Q-23516

For: EJECTMENT (FORCIBLE ENTRY)

KAREN P. KARPENTERO
Defendant,

X---------------------X

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. Plaintiff JIMMEY C. KIMMEY is of legal age, Filipino, with residence and postal
address at Lot 5, Blk. 45, Phase 7-A, Deca Homes, Brgy. Tacunan, Mintal, Davao City
where she may be served notices and other court processes;

2. Defendant KAREN P. KARPENTERO is of legal age, Filipino, with residence and

postal address at Phase 10, Kasilak Street, Country Homes, Cabantian, Davao City where
she may be served notices and other court processes;

3. Plaintiff became owner of a certain parcel of land, through a Deed of Sale from the
original owner, ERVNE JOHN P. CLAROS. (A copy of the Deed of Sale is hereto
Attached as ANNEX “A”)
4. The parcel of land, situated in Lot 7, Phase 8-D, Kailash Street, Tacunan, Deca Homes,
Mintal, Davao City is covered by Transfer of Certificate of Title No. T-18104 issued by
the Register of Deeds of Davao City and is more particularly described as follows:
LAND DESCRIPTION:

TCT No. T-18104- (LOT 5312-A) Tie Line: N. 82- 33’ E. ; 7,773.44 m from BLLM#1,
Pls-4 to corner 1 of lot; THENCE:
LINE BEARING DISTANCE
1-2 S 0 - 26 E 250.52 M
2-3 S 87 - 31 W 98.78 M
3-4 N0 - 26 W 250.99 M
4-1 N 87 - 47 E 98.76 M

AREA: TWENTY-FOUR THOUSAND SEVEN HUNDRED FIFTY-THREE (24,753)

SQUARE METERS, more or less.

POINTS REFERRED TO: Corners 3 & 4 by old points and the rest by AR Cycl. Conc.
Mons. 15X50 cm.
 BOUNDED AS FOLLOWS:
E : LINE 1-2 By Lot 5312-B, of the subd. Plan
S : LINE 2-3 By Lot 5315, Pls-4
W: LINE 3-4 By Road
N : LINE 4-1 By Lot 5311, Pls-4

BEARINGS : TRUE
SURVEYED BY : ROEL C. ABESAMIS
DATE OF SURVEY : October 14-16, 2004
APPROVED ON : November 26, 2004
COVERED BY : RA 6657

(Copy of TCT No, T18104 is hereto attached as ANNEX “B”)

5. Herein Defendant, through stealth and strategy, occupied the parcel of land in question
and refuses to vacate the same despite repeated oral and written demands. (Copy of the
written demand is hereto attached as ANNEX “C”);
6. The same acts of the Defendant compelled the Plaintiff to incur damages consisting of
attorney’s fees in the amount of Thirty Thousand Pesos (P 30,000.00) and filing fee, cost
of transportation and other miscellaneous accommodation of its lawyers and other
personal expenses to be incurred in attending the hearings of this case in the amount of
FIFTY THOUSAND PESOS (P 50,000.00)
7. This action is governed by the Rules on Summary Procedure;

PRAYER

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

Court that after due notice and hearing, judgment be rendered in favor of Plaintiff and ordering
the Defendant and all persons claiming rights under him to:

1. Permanently vacate the premises in question and give the immediate right of possession
to the Plaintiff;

2. Pay Plaintiff the amount of Thirty Thousand Pesos (P 30,000.00) by way of attorney’s
fees and Fifty Thousand Pesos (P 50,000.00), by way of other litigation expenses; and,

3. Pay the cost of this suit.

Plaintiff prays for such other remedies and ther reliefs just and equitable under the premises
are likewise prayed for.

Davao City, Philippines, January 31, 2020

ATTY. STEPHANIE M. SANTOALLA

Counsel for Plaintiff
SANTOALLA-CLAROS & Associates Law Firm
Doors 7 & 8, Tropical Building, Lanang
Davao City, Davao del Sur
Republic of the Philippines
(Davao City ) S.S.

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

I, STEPHANIE M. SANTOALLA, of legal age, after having been duly sworn in accordance with
law, depose and state that:

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true and correct of my
personal knowledge and/or on the basis of copies of documents and records in my
possession;

4. I have not commenced any other action or proceeding involving the same issues in the
Supreme Court, the Court of Appeals, or any other tribunal or agency;

5. To the best of my knowledge and belief, no such action or proceeding is pending in the
Supreme Court, the Court of Appeals, or any other tribunal or agency;

6. If I should thereafter learn that a similar action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I
undertake to report that fact within five (5) days therefrom to this Honorable Court.

Davao City, Philippines, January 31, 2020.

Stephanie M. Santoalla
Affiant

SUBSCRIBED AND SWORN to before me this 31st day of January 30, 2020 at Davao
City, Philippines affiant exhibiting to me her Passport No. 58158450 issued in DFA Davao 2019.

Doc. No.___________;
Page No.___________;
Book No.__________;
Series of 2020.