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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES
Second Judicial Region
BRANCH ___
Tuguegarao City, Cagayan

THE ROMAN CATHOLIC

ARCHBISHOP OF TUGUEGARAO,
Represented by ARCHBISHOP
SERGIO L. UTLEG,
Plaintiff, CIVIL CASE NO._______
FORCIBLE ENTRY AND DAMAGES
WITH APPLICATION FOR
TEMPORARY RESTRAINING ORDER
(TRO), AND WRIT OF PRELIMINARY
INJUNCTION
-versus-

GUILLERMO TAMBAUAN, IRENE M.

DAYAG-TUPPIL, VICTORIA M.
DAYAG-TAMBAUAN,LUCITA C.
DAYAG, BALBINA M.DAYAG-
CARANGUIAN, SIXTO T. MASIRAG,
PEDRO T. MASIRAG, ANGELA C.
FERRER, PURA M. FERRER,
LEONCIO M. GOYAGOY,
ESTANISLAO M. DAYAG, MAGNO M.
DAYAG, ISABEL M. DAYAG-
MABBORANG, and ROLANDO D.
CATOLIN.
Defendants.
x - - -- -- - -- - - - - - - -- - - - - - - -- - - - - x

COMPLAINT

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

1) Plaintiff is a corporation sole, duly established in accordance with the laws of the
Philippines, with principal office at Tuguegarao City, Cagayan, herein
represented by ARCHBISHOP SERGIO L. UTLEG, of legal age, Filipino, and a
resident of Tuguegarao City, Cagayan;

2) Defendants GUILLERMO TAMBAUAN, IRENE M. DAYAG-TUPPIL, VICTORIA

M. DAYAG-TAMBUAN, LUCITA C. DAYAG and BALBINA M. DAYAG-
CARANGUIAN are of legal age, Filipinos, and residents of Maribbay Street,
Ugac Norte, Tuguegarao City where they may be served with summons and
other legal processes;

3) Defendants SIXTO MASIRAG and PEDRO T. MASIRAG are Filipinos, of legal

age and residents of Gonzaga St., Tuguegarao City, Cagayan where they may
be served with summons and other legal processes;

4) Defendants ANGELA C. FERRER PURA M. FERRER, and LEONCIO M.

GOYAGOY, ESTANISLAO M. DAYAG, MAGNO M. DAYAG, ISABEL M.
DAYAG-MABBORANG and ROLANDO D. CATOLIN are Filipinos, of legal age,
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and residents of Bassig Street, Ugac Norte, Tuguegarao City, Cagayan where
they may be served with summons and other legal processes;
5) Plaintiff is the owner of a parcel of land which is a portion of the lot covered by
TCT No. T-56450 acquired by virtue of the Deed of Absolute Sale Of A Portion of
Registered Land executed on 7 October 1999 by Perfecto Macababbad Jr. The
Lot is situated formerly in the barrio of Ugac Norte (now part of Brgy.San Gabriel)
Tuguegarao City, A copy of the Deed of Absolute Sale Of A Portion Of
Registered Land and TCT No.T-56450 are hereto attached as Annexes “A” and
“B”, respectively. The portion bought by the plaintiff from Perfecto Macababbad
Jr. is more particularly described to wit:

“Lot 4144-C-3-A-1, of the subdivision survey, being a

portion of Lot 4144-C-3-A,Psd-2-01-015836. Bounded on
the N. by Lot 4140, Tuguegarao Cadastre; on the E., by
Lot 4145, Tuguegarao Cadastre; on the S. by Road Lot
(4144-C-3, Psd-2-01-015700); and on the W., by the
remaining portion; containing an area of ONE
THOUSAND FIVE HUNDRED (1,500) square meters, more
or less.”

6) That since 1996 when the Parish of San Gabriel was established or even before
the sale of the property was consummated on 7 October 1999, the plaintiff has
been enjoying actual physical uninterrupted possession of the subject property
using the same as the parking lot and venue for church activities of the San
Gabriel Church. The plaintiff devoted the subject property for the spacious and
convenient parking area of vehicles of the Catholic faithful in the Parish
especially that masses are held daily in San Gabriel Church and venue for all
other church activities;

7) However, on 9 September 2012, by threat, intimidation and force, defendants

and other persons working at their command, armed with bolos unlawfully
entered into the subject property and illegally installed a fence in the subject
parking area of the San Gabriel Church and dumped truckloads of rocks, stones,
gravel and sand.Photographs of the parking area fenced by the defendants are
hereto attached as Annex “C” and series.Likewise attached are the Reports
made at the Barangay of San Gabriel, Tuguegarao City, Cagayan;

8) Plaintiff’s parish workers and church leaders and lay people working for the
Parish in San Gabriel Parish could not physically stop the defendants and the
other persons acting at their command as there were many of them in the subject
property and they had bolos and were hostile and aggressive rendering the
Parish workers, Leaders, Barangay leaders and police officers powerless in
physically stopping the defendants from their illegal act of entering, fencing and
dumping truckloads of stones gravel and sand in the subject property. The
Affidavits of the Parish Priest of San Gabriel, church workers and lay leaders are
hereto attached as Annexes “D” to “K”;

9) The defendants fenced the subject property, and have even deployed their
security guard guarding the area day and night thus continually sowing fear,
anxiety and tension in the Parish of San Gabriel and prevents the plaintiff from
continuously devoting the subject property for its use as parking area for Catholic
mass-goers and venue for other church activities;

10) Compelled to litigate, plaintiff retained the services of counsel for P30,000.00 as
acceptance fees and P2,500.00 appearance fees per hearing and incurred and
will continue to incur litigation expenses, legal fees and other reasonable
expenses in connection with this case.
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11)This case is exempted from barangay conciliation due to the application for
injunction;

APPLICATION EX PARTE FOR WRIT OF PRELIMINARY INJUNCTION,

MANDATORY AND TEMPORARY RESTRAINING ORDER

12) Plaintiff is the absolute owner of “Lot 4144-C-3-A-1, of the subdivision survey,
being a portion of Lot 4144-C-3-A,Psd-2-01-015836 having bought the same
through the Deed of Absolute Sale Of A Portion of Registered Land executed on
7 October 1999 by Perfecto Macababbad Jr. the registered owner of Lot 4144-C-
3-A, Psd-2-01-015836 covered by TCT No. T-56450.Plaintiff enjoyed continuous
actual possession of the said lot using the same as parking area of the San
Gabriel Parish Church and venue for other church activities until the recent
unlawful blatant trespass therein by the defendants and persons acting in their
behalf or instruction who fenced the said lot and dumped rocks, stones, gravel
and sand thereat;

13)By law, plaintiff is entitled to the relief demanded, consisting of restraining the
further commission and continuance of dumping rocks, stones, gravel and sand
and by commanding the defendants to dismantle and remove the fences they
put-up and the rocks, stones, gravel and sand they dumped within the said lot
and to vacate the premises;

14)The matter is of extreme urgency as the Catholic faithful in the Archdiocese

particularly in San Gabriel Parish San Gabriel, Tuguegarao City where the lot is
situated are continuously deprived and continues to suffer extreme
inconvenience as there is no other parking lot available for them when attending
the daily mass in San Gabriel Church. The Archdiocese will suffer grave injustice
and irreparable injury hence the application for ex parte issuance of TRO;

15)Unless enjoined, the continuance of the acts complained of during the pendency
of this suit would inevitably work injustice to the plaintiff;

16)For the foregoing compelling reasons, plaintiff hereby applied for a writ of
preliminary injunction to restrain the defendants and the persons acting in their
behalf from the acts complained of and for a writ of preliminary mandatory
injunction to compel the defendants and persons acting in their behalf to
dismantle and remove the fences they put up and remove the rocks, stones,
gravel and sand they dumped on the lot, to vacate the premises, and to
immediately restore the plaintiff to the actual physical possession of its property;

17)Defendants and the persons acting under their instruction are mere trespassers
and have no legal right whatsoever to take possession of the said lot;

18)The plaintiff hereby offers a bond executed to the defendants in such amount as
the Honorable Court may determine, to answer for whatever damages
defendants may suffer in the event that plaintiff may be found not entitled to the
injunction.
PRAYER

19)WHEREFORE, upon the foregoing, it is most respectfully prayed of the

Honorable Court that:

1.After hearing on the application therefor, to issue immediately a writ of

preliminary injunction directing the defendants and all those acting and
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claiming rights under them, to cease and desist from committing further
acts of trespass within the subject property; and to issue immediately a
Temporary Restraining Order (TRO) for the defendants and persons
under their instruction to desist from doing further acts of trespass and writ
of preliminary mandatory injunction to immediately restore the plaintiff
Archdiocese material possession of the subject lot;

2. Thereafter , after hearing on the main cause of action, to render

judgment in plaintiff’s favor and against the defendants, ordering the latter
and all those claiming rights under them to immediately vacate and
peacefully surrender plaintiff’s lot and to remove, dismantle the fences,
any and all structures they put up therein and to remove the truckloads of
rocks, stones, gravel and sand they dumped on the lot at their own
expense;

3. To adjudge the defendants solidarily liable to pay attorneys’ fees in the

sum of P30,000.00 plus P2,500.00 as appearance fee per
hearing;P50,000.00 litigation expenses, and cost of suit.

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

18 September 2012 at Tuguegarao City, Cagayan.

ATTY. ALONA D. GAZMEN

For the Plaintiff
#138 2nd Floor Taaca Bldg.
National Road, Carig Sur
Tuguegarao City
Roll No.47876
MCLE ComplianceNo.: III-0014661
IBP NO.856140
Issued 01/02/2012 Tuguegarao City
PTR No. 3678639
Issued 01/03/2012 Tuguegarao City

VERIFICATION AND CERTIFICATE

OF NON-FORUM SHOPPING

I, ARCHBISHOP SERGIO L. UTLEG, Filipino, of legal age, resident of

Tuguegarao City and the Roman Catholic Archbishop of Tuguegarao, a
corporation sole duly established in accordance with the laws of the Philippines whose
principal office is located at Tuguegarao City, Cagayan, after having been duly sworn in
accordance with law do hereby depose and state that:

1) I am the plaintiff in the above-entitled case;

2) I caused the preparation of the foregoing;
3) I have read the complaint and that the allegations therein are true and correct to
the best of my personal knowledge and based on authentic documents;
4) That I have not commenced any similar complaint or any case in any other court,
body or tribunal involving the same issues and to the best of my knowledge, no
such other action is pending therein;
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5) That should I, hereinafter learn of any similar complaint or case involving the
same issues pending in any other court, body or tribunal, I undertake to inform
this Honorable Court within five (5) days from knowledge therefrom.

ARCHBISHOP SERGIO L. UTLEG

Roman Catholic Archbishop of Tuguegarao
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this ____ day of September

2012 at Tuguegarao City, Cagayan by affiant who exhibited competent evidence of
identity and who is personally known to me to be the same person who executed the
foregoing.
___________________
Notary Public
Doc. No._______;
Page No.______;
Page No.______;
Series of 2012.