Republic of the Philippines

REGIONAL TRIAL COURT

Fourth Judicial Region
Branch ___
___

MAV CORPORATION Civil Case No.___________

Plaintiff, FOR: Recovery of Possession
with Preliminary Mandatory
-versus- Injunction.

JENNIFER ROG
Defendant.
x-----------------------------------------------x

COMPLAINT
COMES NOW, Plaintiff, through undersigned counsel, unto the Honorable Court,
most respectfully states and avers, that:

1. Plaintiff, is a corporation duly organized and existing under the Philippines laws
with office address at 123 123, herein represented by its _______,
_________________1. Plaintiff, through undersigned counsel, may be served with
summons, orders, notices and other court processes that the Honorable Court may
issue;

2. Defendant is of legal age, Filipino and with residence and postal address at
654656, where she may be served with summons, notices, orders and other court
processes that this Honorable Court may issue;

3. Plaintiff is the true and registered owner and developer of a certain townhouse
situated at Barangay San Juan II, Capiz and now occupied by the Defendant. Said
parcel of land is also covered by Transfer Certificate of Title (TCT) No.
___________ issued by the Registry of Deeds of Cavite under the name of
_________

4. Defendant leases and occupies the said property from __________ as agreed upon
between the plaintiff and the Defendant in the Contract of Lease2 executed on
December 2015 under the express obligation to pay a monthly rental of Five
Thousand Six Hundred Forty-Three Pesos and Thirty One Centavos
(P5,643.31) Philippine Currency.

5. On 09 January 2018, plaintiff and defendant executed an Extension of Lease

Contract3 for an extension of lease period for another year (November 30, 2017 to
November 30, 2018). All other terms and conditions of the original Contract of
Lease remained valid and binding during the extended period;

6. As indicated in the above General Terms and Condition for the Purchase; there
has been a breach of the said condition when defendant resigned
from_________________. Defendant effectively resigned from ______ on ____.

1
See attached copy of Board Resolution naming______________. as authorized representative of
Corporation as Annex “A”;
2
See attached copy of Contract of Lease between Plaintiff and Defendant as Annex “C”;
3
See attached copy of Extension of Lease Contract as Annex “D”;
Majestic Landscape Corporation v
Civil Case No. ________
For: Recovery of Possession with
Preliminary Mandatory Injunction
Complaint

7. Based on the records in PAG-IBIG, herein defendant is already in arrears for

____;

8. In addition, defendant was also in default with her water utilities and monthly
association dues;

9. Defendant has continued to occupy the said property notwithstanding the fact that
she has resigned from_________________ . which was in breach of the condition
in the Contract of Lease and the General Terms and Condition thus depriving the
plaintiff from exercising ownership over the subject property;

10. Several demands to vacate was made by plaintiff to Defendant, both oral and
written, the Final Demand Letter was duly received on _____4 but Defendant
refused to vacate the said property and return possession to plaintiff;

11. As the beneficial owner, obligations and interests in the subject property, Plaintiff
is entitled to possession as an incident of its beneficial ownership and it has a
right of action against the defendant who is unlawfully withholding possession of
the subject property.5 Notwithstanding various demands made, defendant failed
and refused and continue to fail and refuse to concede possession unto plaintiff,
causing the latter extreme damage and prejudice.

12. Accordingly, while possession by tolerance is lawful, such possession becomes

illegal upon demand to vacate is made by the owner and the possessor by
tolerance refuses to comply with such demand.6

13. Plaintiff is entitled to moral damages estimated in the amount of ________ by

reason of the continuous unlawful possession of the subject property by the
defendants notwithstanding several written notices to vacate the same and restore
plaintiff in lawful possession as lawful beneficial owner of the subject property.
Such act constitutes a willful injury to property where defendant breached his
contract and acted in bad faith in the performance of which.7

4
See attached return card for the Final Demand Letter as Annex “H”;
5
Art. 428. The owner has the right to enjoy and dispose of a thing, without other limitations than those
established by law.
The owner has also a right of action against the holder and possessor of the thing in order to
recover it.
Right to Recover – The action to recover property pertains to the owner of the thing, and he may
proceed not only against the person in actual possession but against anyone unlawfully detaining it. The
possessor has the presumption of title in his favor, but if the plaintiff can prove his title as owner and
establish the identity of the property claimed as his, he will be entitled to recover the property, even if the
possession seems legalized by a conveyance. This right to recover is given by the law only to the owner of
the thing, and not one who by his own voluntary act has ceased to be owner by the transfer of the
ownership to another. However, this right of the owner to maintain an action to recover possession of
property wrongfully taken from him, can be transferred by him, and his transferee can maintain the action
against the wrongdoer (Tolentino, ibid. pp 43 and 46)
6
Prieto v Reyes, 14 SCRA 432; Yu v De Lara, 6 SCRA 786, 788; Isidro v. Court of Appeals, G.R. No. 105586,
December 15, 1993;
7
Article 2220. Willful injury to property may be a legal ground for awarding moral damages if the court
should find that, under the circumstances such damages are justly due. The same rule applies to breached
of contract where the defendant acted fraudulently or in bad faith.

Page 2 of 5
Majestic Landscape Corporation v
Civil Case No. ________
For: Recovery of Possession with
Preliminary Mandatory Injunction
Complaint

14. To protect their interests, plaintiff was compelled to litigate for a fee of
___________________ (P_______) and for attorney’s fees and appearance fee of
FIVE THOUSAND PESOS (P5,000.00) per Court appearance plus cost of suit.

PETITION FOR ISSUANCE OF THE WRIT OF PRELIMINARY INJUNCTION

Plaintiff re-pleads all the foregoing allegations by way of reference in so far as they are
for the issuance of preliminary injunction.

15. That the plaintiff is entitled to the relief demanded and the whole or part of such
relief consist in ordering the defendant to deliver to the plaintiff possession of the
land subject of this case which is described under paragraph 3 of the Complaint;

16. That the continued possession or continuance of the unlawful acts complained of
during the litigation would cause irreparable damage to the plaintiff who is
wrongfully prevented in entering and taking possession of his land and
considering that the defendant has already constructed a structure on the land.

17. That the plaintiff is able and willing to put up an injunction bond in the sum fixed
by this Honorable Court, executed in favor of the defendant to the effect that the
plaintiff will pay all damages which defendant may suffer as a result of the
injunction if the court should finally decide that plaintiff is not entitled thereto.

PRAYER

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

Honorable Court that pending final judgment, a writ of preliminary mandatory injunction
be issued ordering the defendant to vacate and deliver to the plaintiff the property
described under paragraph 3 of the complaint and after due hearing making the injunction
permanent and further after due notice and hearing, judgment be rendered in favour of the
plaintiff, as follows:

1. Ordering the defendant and those residing in the subject property to

VACATE ____________________ and to deliver possession thereon to the
plaintiff;

2. To pay plaintiff attorney’s fees in the amount of _________________ plus

cost of suit.

Other reliefs just and equitable are likewise prayed for.

RESPECTFULLY SUBMITTED.

______________ for ______, 4 October 2020.

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Majestic Landscape Corporation v
Civil Case No. ________
For: Recovery of Possession with
Preliminary Mandatory Injunction
Complaint

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Majestic Landscape Corporation v
Civil Case No. ________
For: Recovery of Possession with
Preliminary Mandatory Injunction
Complaint

VERIFICATION AND CERTIFICATION OF

NON-FORUM SHOPPING

I, ______________, of legal age, Filipino, and resident of ______________ on

oath, state:

1. That I as the authorized representative of ___________ , the plaintiff in the

above-entitled case, have caused this Complaint for Action of Recovery of
Possession with Preliminary Mandatory Injunction to be prepared; that I read
and understood its contents which are true and correct of my own personal
knowledge and/or based on true records;

2. That I have not commenced any action or proceeding involving the same issue
in the Supreme Court, the Court of Appeals or any other tribunal or agency,
that to the best of my knowledge, no such action or proceeding has been
pending in the Supreme Court, the Court of Appeals or any other tribunal or
agency, and that, if I should learn thereafter that a similar action or proceeding
has been filed or is pending before these courts or tribunal or agency, I
undertake to report that fact to the Court within five (5) days therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of

_____________, 2020.

Affiant

SUBSCRIBED AND SWORN to before me this _________ day of ________,

2020.

NOTARY PUBLIC
Doc. No.
Page No.
Book No.
Series of 2020

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