Republic of the Philippines

MUNICIPAL TRIAL COURT

Second Judicial Region
Peñablanca, Cagayan

JOAQUIN M. PONCIANO,
Plaintiff,
v. Civil Case No. _______

JUAN MIGUEL R. HIDALGO, For forcible entry with damages

Defendant. and application for the issuance
of temporary restraining order
and writ of preliminary
injunction
___________________________________

COMPLAINT
PLAINTIFF, by undersigned counsel, before this Honorable Court, respectfully
states that:

1. Plaintiff JOAQUIN M. PONCIANO is of legal age, Filipino, married, with

residence at San Roque, Peñablanca, Cagayan.

2. Defendant JUAN MIGUEL R. HIDALGO is of legal age, Filipino, married,

with residence at San Roque, Peñablanca, Cagayan where he may be served with
summons and other legal processes.

3. Plaintiff is the registered owner of a parcel of land described as Lot

1256 covered by Original Certificate of Title No. CARP 2015000417, located at Sisim,
Peñablanca, Cagayan, with an area of Nine Thousand Nine Hundred Ninety-Three (9,
993) square meters, more or less, a copy of the said Original Certificate of Title is
hereto attached as Annex A.

4. The property is tax declared in the name of JOAQUIN M. PONCIANO

under Tax Declaration 25693 with an assessed value of P8,000.00, copy of the said
Tax Declaration is hereto attached as Annex B.

5. As registered owner, plaintiff has been paying the Real Property Tax on
the said property, copies of the receipts are hereto attached as Annex C and series.

6. Plaintiff has been in peaceful possession of the said property as early as

the 1970s. He has been occupying the said property openly, continuously, exclusively
and notoriously in the concept of an owner and cultivated the subject lot as his own
exclusively without any disturbances from any person.

7. On November 2018, however, defendant by stealth, intimidation and

strategy and against the will and consent of the, forcibly entered the property and
planted corn on it.

8. Plaintiff protested against the forcible taking of the said property and
demanded from the defendant that he be restored in the possession thereof but the
defendant refused and instead threatened to inflict harm on the plaintiff.
 9. The plaintiff reported the incident to the Penablanca Police Station and
was recorded in their police blotter, a copy of the excerpt of the Police Blotter is
attached hereto as Annex C.

10. Plaintiff likewise referred the matter to the Office of Punong Barangay
but no settlement was reached; hence, the issuance of the Certificate to File Action
which is attached hereto as Annex E.

APPLICATION FOR THE ISSUANCE OF A TEMPORARY RESTRAINING

ORDER AND WRIT OF PRELIMINARY INJUNCTION

11. Plaintiff re-pleads al the allegations in the foregoing paragraphs as part

of this application for the issuance of a writ of preliminary injunction.

12. The continued presence of the defendant on the property and his
unlawful possession thereof deprives and will continue to deprive the plaintiff of the
use and enjoyment thereof, causing him to suffer great and irreparable damage and
injury.

13. The plaintiff, who is farmer whose livelihood depends on the said
property, was deprived of his means of livelihood.

14. The plaintiff has no other plain, speedy and adequate remedy in the
ordinary course of law to restrain the defendant from his continuous possession of
the property unless this Honorable Court orders the issuance of a temporary
restraining order upon filing of this complaint and of a writ of preliminary injunction
during the pendency of this action.

CLAIM FOR DAMAGES

15. On account of the wanton, unwarranted and unjustifiable acts of the

defendant, plaintiff suffered and continuously suffer mental anguish, serious anxiety,
besmirched reputation, wounded feelings, moral shock, social humiliation and similar
injury and by reason thereof, must be awarded not less than Fifty Thousand Pesos
(Php50,000.00) or as the Honorable Court may deem proper, as moral damages.

16. To deter similarly minded individuals, defendant should likewise be

ordered to pay plaintiff exemplary damages amounting to Fifty Thousand Pesos
(Php50,000.00) or such amount as the Honorable Court may deem proper under the
premises.

17. Plaintiff was likewise forced to engage the services of the undersigned
counsel to protect his rights and interests, for an agreed acceptance fee of Fifty
Thousand Pesos (Php50,000.00) and appearance fee of Five Thousand Pesos per
court appearance.

NAMES OF WITNESSES AND SUMMARY OF THEIR INTENDED

TESTIMONIES

2
 18. The following witnesses will be presented during trial:

JOAQUIN M. PONCIANO He will prove the material allegations in the

Complaint, particularly, that he is the registered
owner of a parcel of land described as Lot 1256
covered by Original Certificate of Title located at
Sisim, Peñablanca, Cagayan;

That he has been in peaceful possession of the

said property as early as the 1970s and has been
occupying the said property openly, continuously,
exclusively and notoriously in the concept of an
owner and cultivated the subject lot as his own
exclusively without any disturbances from any
person;

That on November 2018, defendant once again, by

stealth, intimidation and strategy and against the
will and consent of the, forcibly entered the
property and planted corn on it;

That he protested against the forcible taking of the

said property and demanded from the defendant
that he be restored in the possession thereof;

That he reported the incident to the police and the

barangay but no settlement was reached;

He will testify on all matters pertinent to the

complaint and identify documentary and object
evidence in the course of his testimony.

MAXIMA O. PONCIANO She will corroborate the testimony of the plaintiff,

and will testify on matters she personally
witnessed on the day November 2018.

She will also testify on such other matters

pertinent to the case, and identify documentary
and object evidence in the course of her
testimony.

FELIPE U. DE LA PAZ He will testify that he personally knows that the

plaintiff has been in peaceful possession of the
subject property until the defendants forcibly
entered the same and planted corn without the
consent of the plaintiff.

He will also testify on such other matters pertinent

to the case, and identify documentary and object
evidence in the course of her testimony

3
 DOCUMENTARY/OBJECT EVIDENCE TO BE PRESENTED DURING TRIAL

19. In support of the complaint, Plaintiff will be presenting the following

documentary/object evidence in support of the complaint:

A. Original Certificate of Title No. CARP 2015000417

B. Tax Declaration 25693
C. Real Property Tax receipts
D. Excerpt of the Police Blotter
E. Certificate to file action

PRAYER

WHEREFORE, plaintiff prays that judgment be rendered in his favor:

1. ORDERING the defendant, and all persons who derive rights and interests
from him and those acting upon his direction and on his behalf, to vacate Lot
No. 1256, Cad-1232-D covered by Original Certificate of Title No. CARP
2015000417, located ta Sisim, Peñablanca, Cagayan and to surrender the
possession thereof and respect the same in favor of the plaintiff;

2. ORDERING the defendant to jointly and severally pay the plaintiff moral
damages in the amount to PHP 50,000.00 and exemplary damages in the
amount of PHP50,000.00;

3. ORDERING the defendant pay litigation expenses and attorney's fees.

4. ORDERING the defendant to pay costs of the suit.

Plaintiff further prays that, in the interim, a temporary restraining order and/or
a writ of preliminary injunction be ISSUED enjoining the defendants and all persons
acting on his behalf from cultivating or planting on the said property.

Plaintiff further prays for such other reliefs just and equitable under the
premises.

19 August 2019; Tuguegarao City for Penablanca, Cagayan.

FÉLIX PARDO DE TAVERA

Counsel for the plaintiff
Roll of Attorneys No. _____
IBP No. _____/[date of issue]/[place of issue]
PTR No. _____/[date of issue]/[place of issue]
MCLE No. _____/[date of issue]/[place of issue]
[Address]
[Telephone and e-mail]

4
 VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, JOAQUIN M. PONCIANO, of legal age, Filipino, with residence at

____________________________, after having been duly sworn in accordance with
law, do hereby state that:

1. I am the plaintiff [or petitioner] in the above-entitled complaint [or

petition].

2. I have caused the preparation by my counsel of said complaint/petition.

3. I have read the allegations therein contained, and that the same are
true and correct of my personal knowledge or based on authentic records.

4. 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 other action or claim is pending therein; [except the
following: disclose any pending case, its nature, the parties involved, issues and
present status] and 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 court wherein the aforesaid complaint or initiatory pleading has
been filed.

IN WITNESS WHEREOF, I have hereunto affixed my signature on

___________ at _________________, Philippines.

JOAQUIN M. PONCIANO
Plaintiff

SUBSCRIBED AND SWORN TO BEFORE ME this ______________________ at

______________________, by Affiant who personally appeared before me,
exhibiting to me his ______________________ issued on
______________________ at ______________________.

FÉLIX PARDO DE TAVERA

Notary Public
Commission No. _____
Valid until _____
Roll of Attorneys No. _____
IBP No. _____/[date of issue]/[place of issue]
PTR No. _____/[date of issue]/[place of issue]
MCLE No. _____/[date of issue]/[place of issue]

Doc. No. _____;

Page No. _____;

5
Book No. _____;
Series of 20___.