REPUBLIC OF THE PHILIPPINES

THIRD JUDICIAL REGION

MUNICIPAL TRIAL COURT
BULACAN, BRANCH ____

Mr. A,
Plaintiff,

- versus - Civil Case Number ___________

For: Forcible Entry

Mr. B,
Defendant.

x--------------------------------------------x

COMPLAINT

Plaintiff, through counsel, respectfully states that:

1. Mr. A (“Plaintiff’) is a Filipino, of legal age, and resident of 876 Paso, Bagbaguin, Sta. Maria
Bulacan. He may be served with the orders and processes of this Court at the address of his
counsels below;

2. Mr. B (“Defendant) is a Filipino, of legal age, and resident of 875 Paso, Bagbaguin, Sta. Maria
Bulacan;

3. The Plaintiff is the absolute owner of a parcel of land located at 875 Paso, Bagbaguin, Sta.
Maria Bulacan covered by Transfer Certificate of Title No. 040-2017006690;

Copy of Transfer Certificate of Title is hereto attached as Annex “A”

4. Sometime in February 2021, Plaintiff passed by lot 875 and noticed that Defendant forcibly
entered said lot 875 by destroying the surrounding fence and started erecting a structure
thereon.

Photos of the surrounding fence before forcible entry and destroyed fence with constructed
house of defendant are hereto attached as Annexes “B” to “C” and series, respectively;

5. Plaintiff brought the matter before the Barangay Authorities for conciliation, but no
settlement was arrived at eh Barangay Authorities.

Copy of the Barangay Certification is hereto attached as Annex “D”.

6. In order to enforce his rights and interest, has sought the services of a legal counsel with
attorney’s fees for the sum of Twenty-five Thousand Pesos (Php25,000.00).

Copy of Contract for Legal Services and Official Receipt are hereto attached as Annex “E”;
7. Under the provision of Article 539 of the Civil Code of the Philippines, the Plaintiff is filing
this complaint in order to enforce his rights and interest, pursuant to Section 1 of Rule 70 of
the Rules of Court should be restored to the possession of said lot 875 which reads:

Article 539 of the Civil Code of the Philippines:

Every possessor has a right to be respected in his possession; and should he be
disturbed therein he shall be protected in or restored to said possession by means
established by the laws and the Rules of Court.

A possessor deprived of his possession through forcible entry may within ten days from
the filing of the complaint present a motion to secure from the competent court, in the
action for forcible entry, a writ of preliminary injunction to restore him in his
possession. The court shall decide the motion within thirty (30) days from filing thereof.

Section 1 of Rule 70 of the Rules of Court:

Subject to the provisions of the next succeeding section, a person deprived of the
possession of any land or building by force, intimidation, threat, strategy or stealth, or a
lessor, vendor, vendee, or other person against whom the possession of any land or
building is unlawfully withheld after the expiration or termination of the right to hold
possession, by virtue of any contract, express or implied, or the legal representatives or
assigns of any such lessor, vendor, vendee, or other person, may, at any time within one
(1) year after such unlawful deprivation or withholding of possession, bring an action in
the proper Municipal Trial Court against the person or persons unlawfully withholding
or depriving of possession, or any person or persons claiming under them, for the
restitution of such possession, together with damages and costs.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that:

1. A Writ of Preliminary Mandatory Injunction be issued to restore plaintiff in possession of lot

875 Paso, Bagbaguin, Sta. Maria Bulacan; and

2. Direct Defendant be ordered to pay the Plaintiff the sum of Twenty-five Thousand Pesos (Php
25,000.00) as actual damages, attorney’s fees and cost of the suit, respectively;

Other reliefs, just and equitable under the premises, are likewise prayed for.

Municipality of Sta, Maria, Bulacan, Philippines. March 18, 2021.

LINDAIN, MAGNO, MARTINEZ, PUALENGCO, VALERIO AND VILORIA LAW FIRM

48 Sta. Maria, Bulacan
LMMPVVlawfirm@gmail.com
(044) 8000-0000

By:
(Signed) (Signed)
JASEMIN L. LINDAIN KIMBERLY M. MAGNO
Managing Partner Managing Partner
 Roll Number 0000 Roll Number 0000
IBP Number 0000 IBP Number 0000
PTR Number 0000 PTR Number 0000
MCLE Compliance Number 0000000 MCLE Compliance Number 0000000

(Signed) (Signed)
BEMARJAYSON B. MARTINEZ APRIL S. PUALENGCO
Managing Partner Managing Partner
Roll Number 0000 Roll Number 0000
IBP Number 0000 IBP Number 0000
PTR Number 0000 PTR Number 0000
MCLE Compliance Number 0000000 MCLE Compliance Number 0000000

(Signed) (Signed)
MARY KAYE C. VALERIO AARON B. VILORIA
Managing Partner Managing Partner
Roll Number 0000 Roll Number 0000
IBP Number 0000 IBP Number 0000
PTR Number 0000 PTR Number 0000
MCLE Compliance Number 0000000 MCLE Compliance Number 0000000

REPUBLIC OF THE PHILIPPINES )

PROVINCE OF BULACAN )S.C.

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, MR. A, Filipino, of legal age, and resident of 876 Paso Bagbaguin, Sta. Maria Bulacan, Bulacan,
after being sworn to in accordance with law, hereby depose and state that:

1. I am the Plaintiff in the above-entitled case;

2. The allegations in the pleading are true and correct based on my personal knowledge,
or based on authentic documents;

3. The Pleading is not filed to harass, cause unnecessary delay, or needlessly increase the
cost of litigation;
 4. The factual allegations therein have evidentiary support or, if specifically so identified,
will likewise have evidentiary support after a reasonable opportunity for discovery;

5. I have not theretofore commenced any action or filed any claim involving the same
issues in any court, tribunal or quasi-judicial agency and, to the best of my knowledge,
no such action or claim is pending therein; and

6. If I should thereafter learn that the same or similar action or claim has been filed or is
pending, I shall report that fact within five (5) days therefrom to the Honorable Court
where the complaint or initiatory pleading has been filed.

Sta. Maria, Bulacan, March 18, 2021

(Signed)
Mr. A
Affiant

SUBSCRIBED and sworn to before me, this ________________, in the Municipality of

Sta. Maria, Bulacan, Philippines by MR. A with Passport No.________________________, issued on
___________ at_____________ as competent evidence of his identity.

(Signed)
Doc. No. 000; ATTY. X
Page No. 000; NOTARY PUBLIC
Book No. 000; Commission Serial No. 0000
Series of 2021. Until December 31, 2021
Roll of Attorney No. 000000
IBP No.0000/January 15, 2021/BULACAN
PTR No.0000/ January 15, 2021/BULACAN
That the plaintiff in order to enforce his rights and interests, has
sought the services of a legal counsel with attorney’s fees amounting to One
Hundred Thousand Pesos (PhP 100,000.00) and an appearance fee of Two
Thousand Pesos (PhP 2,000.00) per hearing as evidenced by Annex “C” –
Contract for Legal Services;
That the plaintiff in order to enforce his rights and interests, has
sought the services of a legal counsel with attorney’s fees amounting to One
Hundred Thousand Pesos (PhP 100,000.00) and an appearance fee of Two
Thousand Pesos (PhP 2,000.00) per hearing as evidenced by Annex “C” –
Contract for Legal Services;
“Annex A”: Transfer Certificate of Title
Annex B: Photo of the surrounding fence before forcible entry

Annex C: Photo of destroyed fence with constructed house of

Defendants
 “ANNEX D”: Barangay Certification
REPUBLIKA NG PILIPINAS
Sta. Maria, Bulacan

SANGGUNIANG BARANGAY
Tel. No. (00) 0000-0000

KB Pormularyo Blg. _

TANGGAPAN NG KAPITAN NG BARANGAY

MR. A Usaping Barangay Blg. 000000

(Maysumbong) Ukol sa: Forcible Enty

-laban kay/kina-

MR. B
(Ipinagsusumbong)

KATIBAYAN UPANG MAKADULOG SA HUKUMAN

Ito’y nagpapatunay na:

Ang (mga) ipinagsusumbong, si MR. B ay sadyang hindi tumupad sa pagdinig dahilan ng

walang nagawang pagsasaaayos/pagkakasundo ang dalawang partido kaya’t ang kaukulang
sumbong ukol sa alitan ay maaari nang idulog sa hukuman/tanggapan ng pamahalaan.

Ngayong ika- 1 ng Marso, araw ng Lunes, 2021.

(signed)
Kalihim ng Lupon/Pangkat
Pinatunayan:
(signed)
Tagapangulo ng Lupon/Pangkat

MAHALAGA: Kapag ang Kalihim ng Lupon ang gumawa ng katibayan, ang Tagapangulo ng
Lupon ang magpapatunay. Kapag ang Kalihim ng Pangkat ang gumawa ng katibayan, ang
Tagapangulo ng Pangkat ang magpapatunay.
 “Annex E”: Copy of Contract for Legal Services

CONTRACT OF LEGAL SERVICES

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT made and executed by and between:

I, MR. A, Filipino, of legal age, and resident of of 876 Paso, Bagbaguin, Sta. Maria
Bulacan., Philippines (hereinafter referred to as the "CLIENT");

- and –

LINDAIN, MAGNO, MARTINEZ, PUALENGCO, VALERIO and VILORIA LAW FIRM, a law
firm organized under and by virtue of the laws of the Republic of the Philippines as a
general professional partnership, with principal office at XYZ Bldg., Unit No. 48
Bagbaguin, Sta. Maria, Bulacan, Philippines, and represented in this act by its
Managing Partners, JASEMIN L. LINDAIN, KIMBERLY M. MAGNO, BEMARJAYSON B.
MARTINEZ, APRIL S. PUALENGCO, MARY KAYE C. VALERIO AND AARON B. VILORIA,
(hereinafter referred to as the "LAW FIRM")

WITNESSETH: That -

WHEREAS, the LAW FIRM has offered its professional legal services to the CLIENT and CLIENT
agrees to engage the professional legal services of the LAW FIRM, subject to the
terms and conditions hereinafter stipulated:

NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein

agreed upon, the CLIENT and the LAW FIRM, by these presents, have entered, as they hereby
enter, into a contract of services whereby the LAW FIRM shall render legal services to the
CLIENT, under the following terms and conditions:

1. The term or duration of this contract shall be for one (1) year effective upon signing of this
agreement and shall automatically renewed on a year to year basis unless either party pre-
terminates the same upon serving a thirty (30) day-prior written notice to the other party,
without need of cause;

2. The LAW FIRM, while in the performance of its duties, shall be entitled to a fee of TWENTY-
FIVE THOUSAND PESOS (Php25,000);

3. The LAW FIRM shall make itself available for ready consultation by the CLIENT;

4. Expenses for mailing, pleadings to court and copies thereof to adverse parties,

costs of photocopy of evidentiary documents, payment of stenographic notes, as well as filing
fees and other legal expenses in court and other appropriate government offices shall be for
the account of the CLIENT;

5. The LAW FIRM shall, whenever requested by the CLIENT take immediate measures to
investigate the facts and ascertain the legal position of the CLIENT concerning any accidents,
claim or liability, and shall on such cases do what may be required for the protection of the
CLIENT. The LAW FIRM may represent the CLIENT in all suits and proceedings pending or which
may be pending in Bacolod City or its environs wherein the CLIENT is a party, or its rights or
interest are involve, at the direction of the CLIENT;

6. The LAW FIRM shall keep in its office a docket of record in which it shall cause to be recorded
all proceedings connected with nay action which the CLIENT is interested and shall keep such
other records necessary to preserve a complete history of the business of the CLIENT entrusted
to its charge. Said docket and records shall be subject to the inspection and control of the
CLIENT or his representative;

7. Any violation of the terms and conditions of this contract by the LAW FIRM shall give the
CLIENT the option to rescind or cancel immediately the contract without necessity of judicial
proceedings;

8. The CLIENT reserves the right to terminate this Agreement without need of cause or reason
upon thirty-day written notice to the LAW FIRM.

IN WITNESS WHEREOF, the parties have signed this instrument this September 15, 2020 at
Muntinlupa City, Philippines.

CLIENT
By:

(Signed)
MR. A

LINDAIN, MAGNO, MARTINEZ, PUALENGCO, VALERIO AND VILORIA LAW FIRM

By:

(Signed) (Signed) (Signed)

JASEMIN L. LINDAIN KIMBERLY M. MAGNO BEMARJAYSON B. MARTINEZ,
Managing Partner Managing Partner Managing Partner

(Signed) (Signed) (Signed)

APRIL S. PUALENGCO MARY KAYE C. VALERIO AARON B. VILORIA
Managing Partner Managing Partner Managing Partner

SIGNED IN THE PRESENCE OF:

(Signed) (Signed)
Witness Witness
 ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )

PROVINCE OF BULACAN )S.C.

BEFORE ME, this 3rd day of March, 2021 in the Province of Bulacan, personally appeared:

Name Competent Place and

Evidence of Identity Date of Issue

MR. A 0000000000 BULACAN

Known to me to be the same person who executed the foregoing instrument, and
acknowledged that the same are their free act and deed.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal on the
date and place above written.

(Signed)
Doc. No. 000; ATTY. X
Page No. 000; NOTARY PUBLIC
Book No. 000; Commission Serial No. 0000
Series of 2021. Until December 31, 2021
Roll of Attorney No. 000000
IBP No.0000/January 15, 2021/BULACAN
PTR No.0000/ January 15, 2021/BULACAN

ACKNOWLEGEMENT

REPUBLIC OF THE PHILIPPINES )

PROVINCE OF BULACAN )S.C.

BEFORE ME, this 3RD day of March, 2021 in the Municipality of Sta. Maria, Province of Bulacan,
personally appeared:

Name Competent Place and

Evidence of Identity Date of Issue

JASEMIN L. LINDAIN 0000000000 BULACAN

KIMBERLY M. MAGNO 0000000000 BULACAN

BEMARJAYSON B. MARTINEZ 0000000000 BULACAN

APRIL S. PUALENGCO 0000000000 BULACAN

MARY KAYE C. VALERIO 0000000000 BULACAN

AARON B. VILORIA 0000000000 BULACAN

Representing to be the Managing Partners of LINDAIN, MAGNO, MARTINEZ, PUALENGCO, VALERIO
AND VILORIA LAW FIRM, and known to me to be same person who executed the foregoing
instrument for and in behalf of the said corporation, and he acknowledge to me that the same
is the corporate act and deed of the LINDAIN, MAGNO, MARTINEZ, PUALENGCO, VALERIO AND
VILORIA LAW FIRM, and that she is duly authorized to sign the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal on the
date and place above written.

(Signed)
Doc. No. 000; ATTY. X
Page No. 000; NOTARY PUBLIC
Book No. 000; Commission Serial No. 0000
Series of 2021. Until December 31, 2021
Roll of Attorney No. 000000
IBP No.0000/January 15, 2021/BULACAN
PTR No.0000/ January 15, 2021/BULACAN
 “Annex E-1”: Copy of Official Receipt from LMMPVV Law firm

That the plaintiff in order

to enforce his rights and
interests, has
sought the services of a
legal counsel with
attorney’s fees amounting
to One
Hundred Thousand Pesos
(PhP 100,000.00) and an
appearance fee of Two
Thousand Pesos (PhP
2,000.00) per hearing as
evidenced by Annex “C” –
Contract for Legal Services