Republic of the Philippines

SUPREME COURT
ST
1 MUNICIPAL CIRCUIT TRIAL COURT
GLAN-MALAPATAN
Eleventh Judicial Region
GLAN, SARANGANI
--ooOoo—

SPOUSES RICARDO G. UNDA CIVIL CASE NO. 18-638-M

and VILMA U. UNDA,
Plaintiffs,
-versus- -for-

EMMANUEL SEGAFU, FORCIBLE ENTRY WITH

CABABA PANGA, DOLPING
DIAMAN and JIMBOY S.
TAIRO, “JOHN DOES” and
“PETER DOES”,
Respondents.
x-------------------------------x
PRELIMINRY INJUNCTION,
DAMAGES, ATTORNEY’S
FEES AND COSTS OF
LITIGATION

COMMENT
(To the “Motion for Issuance of Injunction”)

COMES NOW Respondents, through counsel from the Public

Attorney’s Office, and unto this Honorable Court, most respectfully
state that:

1. Respondents received the Motion for Issuance of Injunction

on June 05, 2018;

2. Respondents hereby object from the “Motion” of the

plaintiffs. While it is true that respondents indeed
recapitulated in their answer that “they have no claim or
interest whatsoever to the 6 hectares portion of land sold by
Severina Uayan (wife of Florencio Uayan) to plaintiff Ricardo
Unda”, but it must be noted that said parcel of land sold
to the plaintiffs is different from the portion of Lot
No. 36 that herein respondents have been

ANSWER
SPOUSES RICARDO G. UNDA AND VILMA U. UNDA VS EMMANUEL SEGAFU, ET.
AL
FORCIBLE ENTRY WITH PRELIMINARY INJUNCTION,
DAMAGES, ATTORNEY’S FEES AND COSTS OF LITIGATION
Page 1 of 4
 continuously occupying and possessing since birth
until the present.

ANSWER
SPOUSES RICARDO G. UNDA AND VILMA U. UNDA VS EMMANUEL SEGAFU, ET.
AL
FORCIBLE ENTRY WITH PRELIMINARY INJUNCTION,
DAMAGES, ATTORNEY’S FEES AND COSTS OF LITIGATION
Page 1 of 4
 3. Moreover, in a long line of cases decided by the Supreme
Court, it ruled that, “Injunction should not issue except upon
a clear showing that the applicant has a right in esse to be
protected, and that the acts sought to be enjoined are
violative of such right. A preliminary injunction should not
determine the merits of a case, or decide controverted facts,
for, being a preventive remedy, it only seeks to prevent
threatened wrong, further injury, and irreparable harm or
injustice until the rights of the parties can be settled”.

4. Under the circumstances averred in the instant case, clearly,

there is no existing right whatsoever emanating from the
plaintiffs. Herein plaintiffs are claiming parcel of land which
is exclusively owned, possessed and occupied by the
respondents since birth.

5. Further, Sec 4 of the Rules of court provides,

SEC. 4. Verified application and bond for

preliminary injunction or temporary restraining order.—A
preliminary injunction or temporary restraining order
may be granted only when:
(a) The application in the action or proceeding is
verified, and shows facts entitling the applicant to the
relief demanded; and
(b) Unless exempted by the court, the applicant files
with the court where the action or proceeding is
pending, a bond executed to the party or person
enjoined, in an amount to be fixed by the court, to the
effect that the applicant will pay such party or person all
damages which he may sustain by reason of the
injunction or temporary restraining order if the court
should finally decide that the applicant was not entitled
thereto. Upon approval of the requisite bond, a writ of
preliminary injunction shall be issued.
(c) xxx
xxx
(d) The application for a temporary restraining order
shall thereafter be acted upon only after all parties are
heard in a summary hearing which shall be conducted
ANSWER
SPOUSES RICARDO G. UNDA AND VILMA U. UNDA VS EMMANUEL SEGAFU, ET.
AL
FORCIBLE ENTRY WITH PRELIMINARY INJUNCTION,
DAMAGES, ATTORNEY’S FEES AND COSTS OF LITIGATION
Page 2 of 4
 within twenty-four (24) hours after the sheriff’s return of
service and/or the records are received by the branch
selected by raffle and to which the records shall be
transmitted immediately.

6. Under the instant case, all of the above-mentioned

requirements for the grant of such “Motion” are not
complied with by the petitioners.

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed that the Motion for Issuance of Injunction be DENIED.

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

Alabel, Sarangani Province, 11 June 2018.

RESPECTFULLY SUBMITTED:
PUBLIC ATTORNEY’S OFFICE
Department of Justice
Sarangani District Office
Alabel, Sarangani Province

BY:

BAI ALEFHA HANNAH M. MUSA-ABUBACAR

Public Attorney I
Roll of Attorney No. 67366
MCLE Compliance New Lawyer
IBP OR No. 005682-19/May/2017
Email Add: hannahalefha20@gmail.com
09090154295
PTR Exempt

VERIFICATION AND CERTIFICATION

WE, EMMANUEL SEGAFU, CABABA PANGA,

DOLPING DIAMAN and JIMBOY S. TAIRO, after having
been duly sworn to in accordance with law, do hereby depose
and say:
ANSWER
SPOUSES RICARDO G. UNDA AND VILMA U. UNDA VS EMMANUEL SEGAFU, ET.
AL
FORCIBLE ENTRY WITH PRELIMINARY INJUNCTION,
DAMAGES, ATTORNEY’S FEES AND COSTS OF LITIGATION
Page 3 of 4
 1. That we have caused the preparation and filing of this
Comment;

2. That we have read and understood the same contents

therein are true and correct of our own knowledge and
belief;

3. That we have not theretofore commenced any action or filed

any claim involving the same issue in any court, tribunal or
quasi-judicial agency and, to the best of our knowledge, no
such other action or claim is pending therein;

4. That if we should thereafter learn that the same or similar

action or claim has been filed or pending, we shall report
that fact within five (5) days therefrom to this Honorable
Court.

IN WITNESS WHEREOF, we have hereunto set our hands

this 11th day of June 2018 at Alabel, Sarangani Province.

EMMANUEL SEGAFU CABABA PANGA

Affiant Affiant

DOLPING DIAMAN JIMBOY S. TAIRO

Affiant Affiant

SUBSCRIBED AND SWORN to before me this 11th day of

June 2018 at Alabel, Sarangani Province.

BAI ALEFHA HANNAH M. MUSA-ABUBACAR

EXPLANATION: Service of the foregoing Comment to the

Counsel for the Plaintiff was made through registered mail due to
distance, manpower and time constraint.

BAI ALEFHA HANNAH M. MUSA-ABUBACAR

Cc:
Atty. ANTONIO D. DELEÑA
Counsel for the Plaintiffs
Poblacion, Glan

ANSWER
SPOUSES RICARDO G. UNDA AND VILMA U. UNDA VS EMMANUEL SEGAFU, ET.
AL
FORCIBLE ENTRY WITH PRELIMINARY INJUNCTION,
DAMAGES, ATTORNEY’S FEES AND COSTS OF LITIGATION
Page 4 of 4
Sarangani Province

ANSWER
SPOUSES RICARDO G. UNDA AND VILMA U. UNDA VS EMMANUEL SEGAFU, ET.
AL
FORCIBLE ENTRY WITH PRELIMINARY INJUNCTION,
DAMAGES, ATTORNEY’S FEES AND COSTS OF LITIGATION
Page 4 of 4