Republic of the Philippines

Seventh Judicial Region

Regional Trial Court
Branch 31

Springville Homeowner’s Association,

Pedro Gomez as President,
Case No. 57956
Petitioner For: Injunction/TRO

-versus-

Mark Calumpang,
Respondent

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URGENT MOTION
COME NOW PETITIONERS to this Honorable Court, most respectfully aver that:
1. The respondent, Mark Calumpang, has his residence in San Jose, Barangay Banilad. The road
to his home is owned by Springville Subdivision. However, there is another road where the
respondent can access the main highway, although circuitous.
2. On December 1, 2016, Springville Subdivision had a homeowner's meeting and a Christmas
party at the same time. Sandy Parks, one of the homeowners, invited the respondent to this
party. While they were having the meeting, the respondent was also present and suggested
that his lot be included in the subdivision. He also suggested that the road adjacent to his house
be sold to him. Some members of the association disagreed since the founder of the
subdivision, the deceased Manuel Costas, clearly instructed that there should be no more lots
added to the subdivision.
3. The respondent was displeased with the association’s decision of not including him. Three
months after the meeting, on March 15, 2016, the respondent loaded large-sized gravel in front
of the subdivision’s entrance making it hard for the homeowners to exit and enter the
subdivision. The respondent repeated the same act on May 5, 2017 or a week ago.
4. For these reasons, we ask the Honorable Court to immediately set a hearing on our
application for a temporary restraining order /preliminary mandatory injunction.

PRAYER

WHEREFORE, foregoing premises considered, Petitioners respectfully pray the Honorable Court:
1. To set a hearing on Petitioner’s application for temporary restraining order/mandatory
injunction at the soonest possible time;
2. After notice and hearing, grant Petitioner’s application, and issue a temporary
restraining order/preliminary injunction, on such terms as it may deem just, to restrain
the respondent form further putting large-sized gravel on the entrance of the
subdivision and to compel him to remove the gravel he already put on the entrance.
Petitioners likewise pray for such other or further relief as may be deemed just and
equitable under the premises.
Dumaguete City, 8 May 2017

Lacpao, Batulan & Javier Law Office

counsel for petitioners
Javier Building, Perdices Street, Dumaguete City

By:
Christal Javier
SC Roll:34686324
PTR No.4564756456
IBP Lifetime No. 7438747, Dumaguete City,565

Copy furnished:
Andres Lopez
143, Las Palmas, Batinguel
Dumaguete City