Republic of the Philippines

REGIONAL TRIAL COURT

Branch ____
___________

BENSAULOZACHEUS L. MARINAS,
Plaintiff, Civil Case No. ______
For: FORCIBLE
-versus- ENTRY AND
DAMAGES
WITH PRAYER
FOR ISSUANCE
OF TEMPORARY
RESTRAINING
ORDER

MARIO A. NAVA,
Respondent.
x-------------------------------------------------------x

COMPLAINT

PLAINTIFF BENSAULOZACHEUS L. MARINAS, thru

counsel, unto this Honorable court most respectfully allege the
following:

1. Plaintiff is of legal age, Filipino citizen, married and a

resident of Barangay Esperanza, Sison, Pangasinan,
Philippines where he may be served with notices and other
court processes;

2. Defendant MARIO A. NAVA, is of legal age, Filipino

citizen, married and is a resident of Barangay Angayan
Norte, Balungao, Pangasinan where he may be served with
notices and other court process;

3. Plaintiff is the owner and possessor of a parcel of land

identified as Cadastral Lot No. 236 Gs 1189 (Lot 236
henceforth) with an area of 37, 185 square meters, more or less
which is situated at Barangay Agat, Sison, Pangasinan.
Attached as Annex “A” is a copy of Tax Declaration No.
12093 and made integral part hereof. Also attached as Annex
“B” is a machine copy of Official Receipt No. 1874594-A and
made integral part hereof.
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4. Plaintiff have been in possession over the said parcel of land
for more than 30 years including that of his predecessor in
interest and that his ownership is open, public and
continuous and the same is free from claims and conflict.

5. Realizing that Lot 236 could be lucrative, plaintiff thought of

capitalizing on the lot. Plaintiff decided to engage in the
business of Sand and Gravel.

6. On September 7, 2017, plaintiff introduced improvements by

building two small houses made of galvanized sheets which
were intended as shelters for him and his workers. In the
same month of the same year, plaintiff and his friends had a
picnic at the subject lot. Attached as Annex “C” and series
are photos of said improvements.

7. On December 20, 2016, a Certification was issued by the

Punong Barangay of Barangay Agat, Sison, Pangasinan that
Lot 236 is possessed and claimed by the plaintiff.
Furthermore, the Certification also stated that Lot 236 is free
from claims and encumbrances and there is no land dispute
as to the boundaries of the adjoining lot. Attached as Annex
“D” is a copy of the aforementioned Certification and made
integral part hereof;

8. Sometime in the third week of October 2017, the defendant

took advantage of the night time and forcibly entered the
premises and installed barbed wires fenced with concrete
post.

9. When the plaintiff went to inspect the subject premises, he

found that the small houses which he built that served as a
shelter and stock room were demolished.

10.From then on, the plaintiff can no longer possess and utilize
the subject lot because the defendant had the area guarded.

11.Plaintiff filed a complaint before the Barangay Lupon but the

same was futile as the parties failed to come up with a
compromise agreement. Attached as Annex “D” is a
Certificate to File Action dated Marcy 29, 2018 signed by
CORNELIO D. DUMALOY, the Punong Barangay of

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 Barangay Agat, Municipality of Sison, Province of
Pangasinan.

By way of Application for the issuance of Temporary

Restraining Order.

12. Petitioner incorporates fully and by this specific reference

the statements in paragraphs 1 to 11 of the complaint as if
fully stated herein.

13. Defendant therefore must be restrained from committing

continuous acts that leads to the dispossession of the land of
the petitioner and there is immediate need to compel them
to vacate the property.

14. The acts of the defendants in unlawfully withholding the

land from the petitioner during the pendency of the present
case shall work injustice to the petitioner.

15. Petitioner suffered and is continuously suffering much

damage due to the unlawful acts of defendant as at the time
he learned the forcible entry of the defendant to his land, he
is already in the process of developing to the lot in question
considering the fact that the location of which is near the
national highway.

16. However, due to the act of the defendant, petitioner, until

present have not started developing the premises and is
therefore much prejudiced as they have already started
introducing improvements such as two small houses which
they find beneficial to them but they could not utilize due to
the acts of the defendant.

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed that the Honorable Court GRANTS the following relief:

1. ISSUE a Temporary Restraining Order and/or Preliminary

Injunction to prevent the defendant from conducting
activities prejudicial to the interest of the Petitioner.

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 2. DIRECT the respondent to permanently VACATE the
subject lot and give the rightful possession to the plaintiff;

3. DIRECT the respondent to PAY attorney's fees in the amount

of _________ to the plaintiff, and pay the cost of suit.

5. Other reliefs just and equitable are likewise prayed for.

May __, 2018. Baguio City for Urdaneta City.

REYNALDO CORTES LAW OFFICE

Counsel for the Petitioner
Room 307, Jose Miguel Building
No. 1 Labsan St., Baguio City

By:

VERIFICATION/CERTIFICATION

I, BENSAULOZACHEUS MARINAS, of legal age, Filipino

citizen, married, and a resident of No. 198 Brookspoint, Aurora Hill,
Baguio City after having been duly sworn to in accordance with law,
hereby depose and say that:
1. I am the complainant in the above-entitled case;
2. I caused the preparation and filing of this Complaint;
3. I read the contents of the foregoing pleading and everything
contained therein are true and correct according to my own
personal knowledge and based on authentic records;
4. I have not commenced any other action or proceeding
involving the same issues before the any court, tribunal or
agency;
5. I further certify that no such action or proceeding is pending
before any court, tribunal or agency; and
5. If I should thereafter learn that a similar action of proceeding
has been filed or is pending before any court, tribunal or

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 agency, I hereby undertake to notify this Honorable Court
within five days from notice thereof.
IN WITNESS WHEREOF, I have hereunto set my hand this
___day of May, 2018 at Baguio City, Philippines.

BENSAULOZACHEUS MARINAS
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of May

in the City of Baguio, Philippines.

Doc. No : ___
Page No: ___
Book No: ___
Series of 2018

Copy furnished by registered mail:

MARIO A. NAVA
Respondent

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