Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

Second Judicial region
CAUAYAN CITY, ISABELA

JANETH L. NAPOLES
Plaintiff,

-versus- CIVIL CASE No. Q-65478

For: EJECTMENT (FORCIBLE ENTRY)

NOYNOY P. AQUINO
Defendant.
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COMPLAINT

PLAINTIFF, through the undersigned counsel, and unto this

Honorable Court most respectfully submits this Complaint for Forcible
Entry and in support hereof makes the following assertions:

1. Plaintiff JANETH L. NAPOLES, of legal age, Filipino and is

residing at #106 Sampaguita Street, San Fermin, Cauayan City
where she may be served with court order and other processes;

2. Defendant NOYNOY P. AQUINO, of legal age, Filipino and a

resident of #1,Times Square, Quezon City where he may be
served with summons, order and other court processes;

3. The plaintiff is the owner of a parcel of land located in San

Fermin, Isabela, containing an area of TWO (2) HECTARES,
more or less which realty is titled in the name as evidence by
Original Certificate of Title No. T-123123 of the Registry of
Deeds of Isabela, photocopy of OCT No. T-123123 is hereto
attached and made an integral part of Annex “A”.

4. Plaintiff, by themselves and through their predecessors in-

interest, have been in peaceful possession of the land
continuously and uninterrupted for more than thirty (30) years;

5. Plaintiff used the land for rice planting, for 2 cropping season
every year, with a harvest of 200 cavans for the whole land per
season.
 6. On December 8, 2017, defendant, together with armed men
without consent and authority of the plaintiff, by force, threat
and intimidation entered the subject land, encroached on and
took possession of the whole land.

7. Simultaneous to their unlawful entry, defendant started planting

rice on the whole parcel of land for this dry season of planting
notwithstanding repeated demands to vacate the same and to
desist from further acts of dispossession. (Copy of the written
demand is hereto attached as Annex “B”);

8. The same acts of the Defendant compelled the Plaintiff to incur

damages consisting of attorney’s fees in the amount of Twenty
thousand pesos (P20,000.00) pesos and filing fee, cost of
transportation and other miscellaneous accommodation of its
lawyers and other personal expenses to be incurred in
attending the hearings of this case in the amount of Thirty
Thousand Pesos (Php 30,000.00).

9. The plaintiff also incurred actual damage of One-hundred

Twenty Thousand Pesos (P120,000.00) for the deprivation of
the right to plant rice for this dry crop, thus losing the
opportunity to harvest 200 cavans of palay.

10. As further consequence of the defendant’s refusal to

surrender and restore peaceful possession of the land, plaintiff
suffered mental anguish, emotional disturbance,
embarrassment, besmirched reputation which entitles her to
recover moral and exemplary damages amounting to not less
than Thirty Thousand Pesos (Php 30,000.00).

11. This action is governed by the Rules on Summary

Procedure;

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of

this Honorable Court that, after the proceedings, judgment be
rendered in favor of the Plaintiff and ordering the Defendant and all
persons claiming rights under him to:
 (a) Permanently VACATE the premises in question and give the
immediate right of possession to the Plaintiff;

(b) Pay plaintiff the amount of Twenty Thousand Pesos

(P20,000.00) by way of attorney’s fees; Thirty Thousand Pesos
(P30,000.00) by way of other litigation expenses; One-hundred
Twenty Thousand Pesos (P120,000) by way of actual damage;
and Thirty Thousand Pesos (P30,000.00) as moral and
exemplary damages;

(c) Pay the cost of this suit.

Plaintiff also prays for the issuance of Writ of Preliminary

Injunction prohibiting the defendant from committing further acts of
dispossession and prays for such other remedies and reliefs as may
be deemed just and equitable under the premises.

May 20, 2018. Cauayan City, Isabela.

ATTY. ANALOU A. VILLEZA

Counsel for Plaintiff
Cauayan City, Isabela
Roll of Attorneys No. 9876543
IBP No. A-654321
PTR No. A- 345987
MCLE No. A-321456
 VERIFICATION AND CERTIFICATION
AGAINST NON- FORUM SHOPPING

I, JANETH L. NAPOLES, of legal age, after being duly sworn to in

accordance with law, depose and attest:

That I am the plaintiff in the above-titled case; that I have

caused the preparation of the foregoing complaint and understood
the contents thereof, and I hereby declare that all the allegations
contained therein are true and correct according to my knowledge
and belief.

Furthermore, I hereby certify that I have not filed nor caused to

be filed any other similar case involving the same issues in the
Supreme Court, Court of Appeals or any other tribunal or agency and
that, should there be any other such case/s that may have been filed,
I hereby bind myself to inform the Court of such fact within five (5)
days from the discovery thereof.

IN WITNESS WHEREOF, I have hereunto set our hand this

th
20 day of May 2018, Cauayan City, Isabela, Philippines

JANETH L. NAPOLES
Plaintiff
Driver’s License No. 92156
Issued On: February 25, 2018
Issued At: Cauayan City, Isabela

SUBSCRIBED AND SWORN to before me, in the City of

Quezon, this 20th day of May 2018, Cauayan City, Isabela,
Philippines, affiant having exhibited to me his Driver’s License No. B-
563248, issued at Cauayan City, Isabela, Philippines.

ATTY. JAMES S. DE GUZMAN

Notary Public
Doc. No. _______; Until December 31, 2018
Page No. _______; PTR No. 0398716
Book No. _______; issued at Cauayan City
Series of 2018 on January 9, 2017
. TIN 123-321-456-654