Republic of the Philippines

Municipal Trial Court in Cities

Branch 8
Baguio City, Benguet

JOVANNI KILAWEN,
Plaintiff,
CIVIL CASE No. 235
for: FORCIBLE ENTRY
-versus-

JOSE MALECDAN,
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 JOVANNI MURAY KILAWEN, is residing at #423

Balsigan, Baguio City, where he may be served with court order
and other processes;

2. Defendant JOSE KIRAT MALECDAN is a resident of #424

Balsigan, Baguio City where he may be served with summons,
order and other court processes;

3. Plaintiff became owner of a certain parcel of land, through a

Deed of Sale from the original owner, DOMINADOR
HUNGGAT CARPIO (A copy of the Deed of Sale is hereto
attached as ANNEX “A”);

4. The parcel of land, situated in #424 Balsigan, Baguio City, is

covered by Transfer of Certificate of Title No. 016-2010000681
issued by the Register of Deeds of Baguio City and is more
particularly described, as follows:

“Lot 3, PCS-CAR-001451 being a portion of consolidated lot

4996-A-4 PSD-CAR-012398 and LOT 4996-A-5-C PSD-CAR-
014887 containing an area of more or less fifty four (54) square
meters”

(Copy of TCT- 016-2010000681 is hereto attached as ANNEX

“B”);

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 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 (P30,000.00) 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 Thirty
Thousand Pesos (Php 30,000.00).

7. This action is governed by the Rules on Summary Procedure;

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of

this Honorable Court that, after the proceedings, judgment be
rendered in favor of the 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 (P30,000.00)

by way of attorney’s fees and Thirty Thousand Pesos
(P30,000.00), by way of other litigation expenses; and,

3. Pay the cost of this suit.

Plaintiff prays for such other remedies and reliefs as may be

deemed just and equitable under the premises.

March 12, 2016. Baguio City, Benguet.

ATTY. REBECCA M. BILOG

Counsel for Plaintiff
No. 987 Balsigan, Baguio City
Tel. No. (074) 424-2681
E-mail: beckz.bilog@yahoo.com
Roll No. 987654 02-7-2014
PTR No. 98765; 1-03-2014; Baguio City
IBP Lifetime No. 987654; Baguio Benguet
MCLE Compliance No. 4321 2014
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 VERIFICATION AND CERTIFICATION

I, JOVANNI MURAY KILAWEN, a Filipino, of legal age, and a

resident of #423 Balsigan, Baguio City, subscribing under oath,
hereby deposes and states that:

(1) I am the complainant in the instant case;

(2) I have read the foregoing Petition and the allegations therein
are true and correct of my own knowledge and/or based on the
records on hand; and

(3) I attest to the authenticity of the annexes thereof.

I certify further that:

(1) I have not commenced any other action or proceeding

involving the same issues in the Supreme Court, the Court of
Appeals, or different Divisions thereof, or any other tribunal or
agency;

(2) No such action or proceeding is pending in the Supreme Court,

the Court of Appeals, or different Divisions thereof, or any other
tribunal or agency; and

(3) If I should learn that a similar action or proceeding has been

filed or is pending before the Supreme Court, the Court of
Appeals, or different Divisions thereof, or any other tribunal or
agency, I hereby undertake to notify this Honorable Court within
five (5) days from such notice.

IN WITNESS WHEREOF, I have hereunto set our hand this 12 th

day of March 2016, City of Baguio, Philippines.

JOVANNI MURAY KILAWEN

Affiant
CTC No. 9876543
Issued On: January 15, 2016
Issued At: Baguio City

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 SUBSCRIBED AND SWORN to before me, this 12th day of
March 2016, City of Baguio, Philippines, affiant having presented to
me his BIR ID with TIN No. 282-049-298, issued at Baguio City,
Philippines.

ATTY. JUNE C. DIWAG

Notary Public
Until December 31, 2016
PTR No. A-987653
Issued at Baguio City
On January 1, 2016

Doc. No. 5;
Page No. 5;
Book No. 1;
Series 2016.