REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

MAASIN CITY

Mr. Z
Plaintiff

-versus- Civil Case No. 12345
For: Unlawful Detainer /
Ejectment

Mr. X
Defendant
x-----------------------------------x

COMPLAINT WITH APPLICATION OF WRIT OF PRELIMINARY
MANDATORY INJUNCTION

Plaintiff, by counsel and to this Honorable Court, respectfully states
that:

1. Plaintiff, Mr. Z, is of legal age, Filipino citizen, single, with residence
and postal address at 333 Brgy. Kaimito, Maasin City, Southern
Leyte;

2. Defendant, Mr. X, is of legal age, Filipino citizen, single, with
residence and postal address at 232 Brgy. Kaimito, Maasin City,
Southern Leyte, where he may be served with summons and other
court processes;

3. Plaintiff is the true and registered owner of a certain parcel of land
situated in Brgy. Abgao, Maasin City, Southern Leyte, Philippines
consisting of Five Hundred (500) square meters, and identified as Lot
100-A and covered by Transfer Certificate of Title No. 0001 of the
Registry of Deeds of Southern Leyte; Machine copy of the said
Transfer Certificate of Title No. 0001 is hereto attached as Annex
A;

4. That sometime on January 1, 2014, Defendant and his family began to
be in possession of the said property, not by virtue of an title or
contract, but merely upon the Plaintiffs tolerance, as he had no
immediate need of the said property at that time;

5. That on June 1, 2014, Plaintiff demanded that Defendant vacate and
return in possession of the said parcel of land to be herein plaintiff,
but despite numerous demands for him and his family to vacate,
Defendant has remained in illegal possession of said land and, up to
the present, still retain such possession. Machine copy of the said
demand letter is hereto attached as Annex B

6. While possession in tolerance is lawful, such possession becomes
illegal upon demand to vacate is made by the owner and the possessor
by tolerance refuses to comply with such demand (Prieto vs Reyes, 14
SCRA 432)

7. Consequently, plaintiff was constrained to engage the services of
counsel to whom it obliged itself to pay as Attorneys fees the amount
of Fifty Thousand Pesos (P50,000.00) and One Thousand Pesos
(P1,000.00) per court hearing.

APPLICATION FOR PRELIMINARY MANDATORY
INJUNCTION

Plaintiff re-pleads the foregoing allegations, and further alleges that:

8. Defendants continued illegal occupation of the said parcel of land
and refusal to vacate the same and to peacefully surrender possession
thereof to herein Plaintiff is working grave injustice and causing
damage to the latter;

9. Plaintiff is entitled to reliefs demanded, and the whole or part of such
relief consists in the immediate delivery and surrender by the
Defendant of possession of the land to the Plaintiff;

10. In the event that a writ of preliminary mandatory injunction is granted
to Plaintiff, he is ready, willing and able to post a bond to answer for
all damages Defendant may sustain by reason of said injunction if the
court should finally decide if Plaintiff is not entitled thereto.

PRAYER

WHEREFORE, after due hearing and notice, plaintiff
respectfully prays that the judgment be rendered in favor of the
plaintiff, as follows:

1. Ordering the Defendant, his family, successors, assigns and all
persons acting under him, to vacate Lot 100-A that is covered by
Transfer Certificate Title No. 0001 of the Registry of Deeds for the
Province of Southern Leyte and to peacefully turn over the possession
thereof to the Plaintiff;

2. Ordering Defendant to pay Plaintiff monthly rental of at the rate of
P20,000.00 per month from the time the filing of the action to the time
possession is returned to the Plaintiff;

3. Ordering Defendant to pay Attorneys Fees in the amount of
P50,000.00 and P1,000.00 per court hearing and to pay cost of suit.

4. That pending the outcome of the instant case, a writ of preliminary
mandatory injunction be immediately issued ordering the
Defendant, his family, successors, assigns and all persons acting under
him, to immediately vacate the said parcel of land and return
possession of the same to the Plaintiff.

Maasin City, Southern Leyte
July 7, 2014

EARNSWELL P. TAN
Counsel for the Plaintiff
Roll No. 12345
IBP NO. 946492 1/1/2017
PTR NO. 564800 1/1/2017
Tan Law Office, Abgao, Maasin City, Southern Leyte

REPUBLIC OF THE PHILIPPINES)
MAASIN CITY ) s.s.

VERIFICATION

I, JAY ANTHONY FLORES, of legal age, after having been duly
sworn in accordance with law, depose and state that:

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. 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
documents and records in my possession;

4. I have not commenced any other action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or any other
tribunal or agency;

5. To the best of my knowledge and belief, no such action or proceeding
is pending in the Supreme Court, the Court of Appeals, or any other
tribunal or agency;

6. If I should thereafter learn that a similar action or proceeding 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 within five
(5) days therefrom to this Honorable Court.


Mr. Z
Affiant


SUBSCRIBED AND SWORN to before me this 7th day of July, 2014
at Abgao, Maasin City, Southern Leyte, affiant exhibiting to me his Drivers
License with license number H05-05-000934 to expire on July 17, 2020.



EARNSWELL P. TAN
Notary Public for Maasin City
Roll No. 12345
IBP NO. 946492 1/1/2017
PTR NO. 564800 1/1/2017


Doc. No.
Page No.
Book No.
Series of 2014