Republic of the Philippines

8th Judicial Region

MUNICIPAL TRIAL COURT
Carigara, Leyte

CIVIL CASE NO._____________

FOR: FORCIBLE ENTRY
WITH DAMAGES
XXX
Plaintiff,
-versusYYY,
Defendant.
X------------------------------------------------X COMPLAINT
PLAINTIFF, by counsel, and to this Honorable Court, respectfully pleads:
1.That XXX, herein known as Plaintiff, is a Filipino citizen, of legal age, married to ZZZ, and a resident of
No. 11, Fatima Village, Tacloban City. Notices and other legal processes could be served at the office
address of undersigned counsel. YYY, herein known as Defendant, a Filipino citizen, of legal age, married
to AAA and resides at Brgy. Jugaban, Carigara, Leyte where she could be served with notices and other
legal processes;
2.That Plaintiff and her husband are the owners and possessors of a piece of real property located at
Jugaban, Carigara, Leyte, designated as Lot No. 11336, covered by Original Certificate of Title No. P48059, and registered in the name of ZZZ. Plaintiff has been paying the real property taxes thereon as
shown by the official receipt of payment and Certification issued by the Municipal Treasurer. Being a coowner and co-administrator of the same property, plaintiff has the right to maintain this action against
the defendant;
3.That adjacent to said property is Lot No. 11338, which is also owned by the plaintiff and her husband.
This lot is where the plaintiffs husband has a kitchen utensils shop. Lot No. 11338 also provides the
means of entry to the property previously described as subject of the case;
4.That plaintiff and her husband have been in open, peaceful and continuous possession of both
properties since 1987.
5.That in or about 1997, while plaintiff and her family were in another place in the country, herein
defendant forcibly entered the premises of Lot No. 11336 by means of stealth and strategy, without the
consent of the plaintiff and her husband, and erected thereon a residential house without the
permission of the plaintiff and her husband;
6.That on April 15, 2011, plaintiff sent a demand letter, herein attached in the original as Annex A to
defendant requesting said defendant and all who reside in said property to immediately vacate the
same;
7.That on May 12, 2011, with the assistance of a lawyer, plaintiff sent a letter requesting defendant to
vacate the property, herein attached in the original as Annex B but the request was ignored by herein
defendant;
8.As parties are cousins-in-law, earnest efforts were done to settle the issue with the Lupon
Tagapamayapa of Barangay Jugaban, but the defendant would still not surrender possession of the
property to its lawful owners and possessors prompting the Lupon to issue a Certificate to File Court
Case, herein attached as Annex C;

9.Notwithstanding demands, both written and verbal, the defendant failed and continues to fail to
vacate said property;
10.That because of defendants refusal to surrender possession of the property to plaintiff, the latter
was compelled to hire the services of undersigned counsel to protect her interest and to file the
complaint. Plaintiff incurred Attorneys Fees in the amount of FIFTEEN THOUSAND PESOS (Php 15,
000.00) and will be paying counsel TWO THOUSAND PESOS (Php 2,000.00) as appearance fee per
hearing as well as expenses of litigation projected to be TEN THOUSAND PESOS (Php 10,000.00);
11.The illegal occupation by the defendant of the premises of the property has deprived the plaintiff the
beneficial use thereof and this has resulted in actual damages in the form of lost monthly rental of ONE
THOUSAND FIVE HUNDRED PESOS (PHP 1,500.00) had the portion of the property occupied by the
defendant been rented out to other occupants. Plaintiff also incurred moral damages for the sleepless
nights, anxiety, mental and psychological pain in the amount of TWENTY FIVE THOUSAND PESOS (PHP
25,000.00) as well as exemplary damages of FIVE THOUSAND PESOS (PHP 5,000.00) for the defendants
blatant and wanton disregard of plaintiffs rights. X PRAYER
WHEREFORE, premises considered, plaintiff sincerely prays to the Honorable Court renders judgment in
her favour, ordering that:
a.Defendant peacefully vacate the premises of the real property;
b.Defendant demolish any and all structures made by him upon the same property, at his own expense,
without any right to compensation nor reimbursement;
c.Defendant reimburse the plaintiff the amount spent for the lawyers and litigation fees;
d.Defendant pay the plaintiff the amount of THIRTY THOUSAND PESOS (PHP 30,000.00) for moral and
exemplary damages;
e.Defendant pay plaintiff a monthly rent of ONE THOUSAND FIVE HUNDRED PESOS (PHP 1,500.00) per
month from January 1997 until such time that an affirmative decision on the matter had been
promulgated;
f.Plaintiff further prays for such other reliefs as may be just and equitable in the premises.

ATTY. CAMOTE QUE

Counsel for the Plaintiff
2nd Floor LF&V Fatima Building, Real Street, Tacloban City
PTR No. 6954715/01/03/11/Tacloban City
IBP OR #808786/01/03/11/Tacloban City
Attys. Roll No. xxxxx/May 10, 2006
MCLE COMPLIANCE NO. IV-0001211/January 24, 2011
Contact No. 09294576848/321-0248
Email: attyCam@yahoo.com VERIFICATION and CERTIFICATION OF NON-FORUM SHOPPING
I, XXX, of legal age after having been duly sworn to in accordance with law, depose and state that:
1. That I am the plaintiff in the above entitled complaint;
2. That I caused the preparation of the foregoing complaint;
3. That I have read the contents thereof and the facts stated therein are true and correct, of my
personal knowledge and/or on the basis of copies of authentic documents and records in my possession;
4. That I have not commenced any action or filed any claim involving the same issues in the Supreme
Court, the Court of Appeals, or any other tribunal or agency and to the best of my knowledge and belief,
no such other action or proceeding or claim is pending in the Supreme Court, the Court of Appeals, or
any other tribunal or agency ; and if I should thereafter learn that a similar action or proceeding or claim
has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or

agency, I undertake to report that fact and the status of the same within five (5) days therefrom to this
court wherein aforesaid complaint or initiatory pleading has been filed.
IN WITNESS WHEREOF, I have hereunto affixed my signature, this day, ______________ in Tacloban
City, Philippines.
XXX
Affiant
Competent Proof of Identity: CTC
SUBSCRIBED AND SWORN to before me, a Notary Public in and for Tacloban City, this ____ day of
_____________ in Tacloban City, Leyte, Philippines, affiant personally appeared before me with his CTC
No. 10107328, issued on January 19, 2012, in Tacloban City, Leyte, Philippines and presenting to me a
document entitled Complaint-Affidavit for Estafa, who is known to me personally as a neighbor and
who signed said document in my presence and sworn as to said document that he understood the
contents thereof and that the same is his free and voluntary act and deed.
ATTY. A
Notary Public until December 31, 2012
Document No. 1
Page No. 1
Book No. 1
Series of 2012 FORCIBLE ENTRY