REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

Branch 23
Roxas, Isabela
JOAN B. BUENO,
Plaintiff,
4816

Civil Case No. 1125-16-

versus
Possession With
with Prayer for the
Issuance of Preliminary Injunction

For: Recovery of
Damages

SEGUNDO D. PANGATLO,
Defendant.

COMPLAINT
COMES NOW, Plaintiff through counsel, to this Honorable Court most
respectfully states:
1. That the plaintiff is of legal age, Filipino, single and a resident of
Brgy. San Jose Sur, Mallig, Isabela, where he may be served with
notices and orders of the Honorable Court;
2. That the defendant is likewise of legal age, married, Filipino and a
resident of Centro 1, Mallig, Isabela where he may serve with
summons, notices, orders and judgment of this Honorable Court;
3. That plaintiff is the absolute owner of a parcel of land which is
registered in his name, described and bounded as follows:
Transfer Certificate Title No. T-30630
A parcel of land (Lot No. 14451-B, Psd-06-066845, being a
portion of Lot 1451, Mallig Cad. 216), situated in the Barangay
Rang-ayan, Municipality of Mallig, Province of IsabelA. Bounded
on the SW., along line 1-2 by Lot 1452; on the NW., along line 2-3
by Lot 1450, both of Mallig Cad 216; on the NE., along lines 3-45-6 by Lot 1451-A, of this subd. survey; on the SE, along line 6-1
by Octaviano St.. Contaning an area of FIVE HUNDRED FIFTY
SEVEN (557) square meters, more or less.
Which parcel of land above-described has an assessed value of
P96, 920.00 and market value of P484, 590.00 per tax declaration No.
01-008-01405, the owners machine copy of Transfer Certificate of Title
T-30630 is hereto attached as Annex A;
4. That adjoining plaintiffs land on the Northeast side along lines 3-4-5-6
is Lot no. 1451-A owned by the defendant;

5. That sometime in the year 2012, plaintiff noticed an ongoing

construction of a concrete fence by the defendant along line 6-1
facing Octaviano St. on the South Eastern part of plaintiffs land
described under paragraph 3 of this complaint;
6. That plaintiff requested the defendant to cease and desist in the
construction of a concrete fence on plaintiffs land and to remove that
part of the fence which encroached on plaintiffs land;
7. That far from complying with plaintiffs valid and just demands,
defendant did not stop the construction of a concrete fence along
South Eastern side of plaintiffs land instead, defendant erected a shed
inside Lot No. 1451-B;
8. That plaintiffs property unlawfully occupied by the defendant if
rented is reasonably assessed at P 2,000.00 a month;
9. That as a result of the unwarranted and unjustifiable refusal of the
defendant to cease and desist from erecting the concrete fence and to
remove whatever structure he had caused to be erected on the land
described under paragraph 3 of this complaint, plaintiff is constrained
to secure the services of counsel and agreed to pay the sum of P
30,000.00 by way of attorneys fees plus P 1,000.00 court
appearances;
10.
That as a consequence of the aforestated illegal acts of the
defendant, plaintiff suffered sleepless nights and serious anxiety for
which he asked the sum of P100,000.00 as moral damages and to
set an example to others similarly situated plaintiff should awarded
exemplary damages in the sum of P 50,000.00 and defendant to
pay the cost of this suit.

PETITION FOR ISSUANCE OF THE WRIT OF PRELIMINARY

INJUNCTION
Plaintiff re-pleads all the foregoing allegations by way of
reference in so far as they are for the issuance of preliminary
injunction.

1. That the plaintiff is entitled to the relief demanded and

the whole or part of such relief consist in ordering the
defendant to deliver to the plaintiff possession of the
land subject of this case which is described under
paragraph 3 of the complaint.
2. That the continued possession or continuance of the
unlawful acts complained of during the litigation would
cause irreparable
damage to the plaintiff who is
wrongfully prevented in entering and taking possession
of his land and considering that the defendant has
already constructed a structure on the land and may
continue to make further construction thereon;
3. That the plaintiff is able and willing to put up an
injunction bond in the sum fixed by this Honorable
court, executed in favor of the defendant to the effect
that the plaintiff will pay all damages which defendant
may suffer as a result of the injunction if the court
should finally decide that plaintiff is not entitled thereto.

PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of
this Honorable Court that pending final judgment, a writ of preliminary
mandatory injunction be issued ordering the defendant to vacate and deliver
to the plaintiff the land described under paragraph 3 of the complaint and
after due hearing making the injunction permanent and further after due
notice and hearing, judgment be rendered in favor of the plaintiff, as follows:
1. Ordering the defendant demolish and/or to remove at his
expense whatever structure he caused to be constructed
on Lot No. 1451-B and also to demolish and/or remove
the concrete fence constructed on the South Eastern side
of Lot No. 1451-B which is described under paragraph 3 of
this complaint.
2. Ordering the defendant his servants and those residing
and working under them to vacate Lot No. 1451-B and to
deliver possession thereon to the plaintiff;
3. to pay the plaintiff the sum of P2,000.00 a month until
such time that the land Lot No. 1451-B is delivered to the
plaintiff;
4. Ordering the defendant to pay the plaintiff the sum of
P30,000.00 as attorneys fees and the sum of P1,000.00
per court appearance;

5. Ordering the defendant to pay plaintiff the sum of

P100,000.00 by way of moral damages and the sum of
P50,000.00 by way of exemplary damages;
6. Ordering the defendant to pay plaintiff such amount
proven in court as additional expenses.

Such other relief and remedy which this Honorable Court may
deem just and equitable is likewise prayed.

VERIFICATION/CERTIFICATION
I, SEGUNDO D. PANGATLO, Filipino, of legal age, single, and a
resident of Centro 1, Mallig, Isabela, after having been duly sworn in
accordance with law, depose and say:
1. I am the defendant in the above-entitled case;
2. I have caused the preparation of this Complaint;
3. I have read and understood the contents of the same and that the
allegations stated therein are true and correct to the best of our
personal knowledge and based on the authentic records;
4. That hereby certify that at the time of the filing of this Complaint, I
have not commenced any other action involving the same issues in
the Supreme Court, the Court of Appeals, or any other tribunal or
agency; that to the best of my knowledge, no such action is pending
or was terminated in the Supreme Court, similar action has been
filed or is pending in the Supreme Court, the Court of Appeals, or
any other tribunal or agency wherein the original pleading and
sworn certification has been filed.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 30th day of
January, 2016 at Roxas, Isabela

SEGUNDO D. PANGATLO
Affiant
JURAT/NOTARIAL CERTIFICATE
The principal/affiant whose name and personal circumstances are
stated above appeared in person before me this 30th day of January, 2016 in
the Municipality of Roxas, Isabela, presented the foregoing
verification/certification, signed the same in my presence, and affirmed or
swore under oath to the truth and correctness of the contents or allegations
of the same.

The principal/affiant is personally known to me and they exhibit to me

his Drivers License No. 00423768 issued on May 28, 2012 at LTO Office,
Roxas, Isabela.
Doc. No. 1234;
Page No. 678;
Book No. 14;
Series of 2016.