Republic of the Philippines

METROPOLITAN TRIAL COURT

National Capital Judicial Region
Mandaluyong City
EUGENIA P. ENRIQUEZ,represented
Hereinby her Attorney-in-fact,
MR. NOEL P. ENRIQUEZ,
Plaintiff,
versus

Civil Case No. ______

For: Ejectment

VICTORY-A EMISSION CENTER and

LIMMUEL M. PAMINTUAN,
Defendants,
x--------------------------------------------------x

COMPLAINT
Plaintiff EUGENIA P. ENRIQUEZ, through the undersigned
counsel, unto this Honorable Court, respectfully submits this
Complaint for Forcible Entry, and in support hereof makes the
following assertions:
1.

Plaintiff EUGENIA P. ENRIQUEZ is residing at 1162 J.P. Rizal St.,

Brgy. Guadalupe Viejo, Makati City, and is represented by her
Attorney-in-fact, MR. NOEL P. ENRIQUEZ, as evidenced by a
Special Power of Attorney herein attached as Annex A. Plaintiff is
represented by counsel Robles Salo Dulnuan Law Offices with office
address at 4th Floor, DAP Bldg., San Miguel Avenue, Ortigas Center,
Pasig City where Plaintiff may be served with court orders and other
processes.

2.

Defendant VICTORY-A EMMISSION CENTER is a sole

proprietorship duly organized and existing under the laws of the
Republic of the Philippines with office address at #325 Barangka
drive, Barangka, Mandaluyong City where it may be served with
summons, order and other court processes.

3.

Plaintiff is the owner of a certain parcel of land (Mandaluyong

Property) situated at #325 Barangka drive, Barangka, Mandaluyong
City,and is covered by Transfer Certificate of Title no. 6462, more
particularly described as follows:
Page 1 of 5

Transfer Certificate of Title No. 6462

A parcel of land (Lot 12, Block No. 524, of the consol. subd.
plan res 834, being a portion of the consolidated Lot NO. 17-Q-7F-1-B-4-D-8-B-2, described on plan Psd. 15209; Lots No. 17-Q-7F-1-B-4-D-6 & 17-7-B-4-D-7, described on plan psd. 1175, and lot
51-B-1, described on plan psd 48, GLRO Rec. Nos. 699,875 &
917, situated in the Bo. of Borromeo, Mun. of Mand. Metro Mla.,
Bounded on the NE., by Lot 1, Blk. No. 534; on the SE. by Road
Lot 8; on the SW by Lot 13, Blk. No. 534 and on the NW., by Lots 2
& 3 Blk. No. 524. Beginning at a point marked __ on the plan,
being S. 35 deg. 13E., 2049. 48 m., more or less from BLLM No. 1,
Mp. of Mandaluyong; thence N. 37 deg. 59E., 10.02m. to pt. 2;
thence S. 51 deg. 47W., 20.00 m. to pt. 3; thence S. 38 deg 06W.,
20.01 m. to pt. 4; thence N. 51 deg. 46W., 20.05 m. to pt. 5 thence
N. 38 deg. 32E., 9.98 m. to the point of beginning; containing an
area of FOUR HUNDRED (400) SQ. METERS, more or less, all
points referred to are indicated on the plan and are marked on the
ground by PLS conc. mons.; bearings true; decl. C deg. 50E., date
of the ori. Survey July 5, 1920-Feb. 21, 1921, and that of the
consol. subd. survey April 4 & 13, May 18 and Dec. 26, 1939.

A copy of the Transfer Certificate of Title no. 6462 is hereto

attached as Annex B.
ANTECEDENT FACTS
4.

Sometime in June 2016, while herein Plaintiff was conducting an

inventory of all her properties as she is already of advance age,
Plaintiff discovered that there is an illegal occupant of a portion of her
Mandaluyong Property. Herein Plaintiff later on learned that said
illegal occupant is a certain Mr. Limmuel M. Pamintuan (Defendant),
who built an Emission Center Business (Victory-A Emission Center)
within the Mandaluyong Property premises.

5.

Upon further investigation, herein Plaintiff discovered that Defendant,

through stealth and strategy, without knowledge of the Plaintiff,
forcibly entered and occupied the Mandaluyong Property through
fabrication of a Contract of Lease purportedly entered into by and
between a certain Mr. Arsenio E. Vista, Jr. and Victory-A Emission
Center, which was represented by the Defendant. Attached herewith
is a copy of the purported Contract of Lease dated 27 November
2014 as Annex C.

6.

In the Whereas Clause of the said Contract of Lease, Mr. Arsenio

Vista Jr. represented himself as the registered owner of the
Mandaluyong Property.
Page 2 of 5

7.

Upon learning of this incident, Plaintiff made an oral demand and also
sent a demand letter to Defendant to vacate the premises within five
(5) days from receipt thereof. However, despite oral and written
demands, Defendant refused to vacate the Mandaluyong Property. A
copy of the demand letter to vacate the premises dated 05 October
2016 is hereto attached as Annex D.

8.

Up to this date, in vehement refusal in heeding the Plaintiffs demand

to vacate, Defendant still forcefully occupies the premises of the
Mandaluyong Property.

9.

The illegal act of the Defendant, as well as his unjustified refusal to

vacate the premises, compelled the Plaintiff to engage a counsel,
who has charged the Plaintiff an amount of FiftyThousand Pesos
(Php50,000.00) as attorneys fees, as well as compelled the Plaintiff
to incur filing fee, cost of transportation and other miscellaneous
expenses and personal expenses in attending the hearings of this
case in the amount of Thirty Thousand Pesos (Php30,000.00).

10.

Further, Defendants illegal occupation and possession of said

Mandaluyong Property has caused material and financial damages to
the Plaintiff. Thus, Defendant must be compensated for a reasonable
amount for the use and occupation of the Mandaluyong Property in
the amount of Six Hundred Eighty Thousand Pesos (Php680,000.00)
representing reasonable rental in the amount of Twenty Thousand
Pesos (Php20,000.00) per month commencing from January 2014 up
to the period the Defendant vacates the said property.

11.

The forcible entry over the Mandaluyong Property was only

discovered by herein Plaintiff last June 2016. Thus, this instant
Complaint is filed well within the prescriptive period provided by Law.

12.

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 Defendant and all
persons claiming rights under him to:
a.
Immediately VACATE the premises in question and give
the right of possession to the Plaintiff.

Page 3 of 5

b.
Pay the Plaintiff Actual damages in the amount of Twenty
Thousand Pesos (P20,000.00) per month from January 2014 until the
Defendant vacates the premises by way of reasonable compensation
for the use and occupation thereof.
c.
Pay Plaintiff the amount of Fifty Thousand Pesos
(Php50,000.00) by way of attorneys fees and Thirty Thousand Pesos
(Php30,000.00) by way of other litigation expenses; and
d.

Pay the cost of this suit.

Other reliefs deemed just and equitable are likewise prayed for.
Pasig City for Mandaluyong City, 09 October2016.
ROBLES SALO DULNUAN LAW OFFICES
4F DAP Bldg., San Miguel Ave.,
Ortigas Center, Pasig City
Tel. No. (02)-661-7759
By:

PATRICK I. PENACHOS
Roll of Attorney No. 64888
PTR No. 2215245/5-19-2016/Muntinlupa
IBP No. 1032957/03-18-2016/PPLM
MCLE Compliance V-0010458/9-15-2015

Page 4 of 5

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING
I, NOEL P. ENRIQUEZ, Filipino, of legal age, with address at
1162 J.P. Rizal St., Brgy. Guadalupe Viejo, Makati City after having
duly sworn in accordance with law, hereby deposes and states,
THAT:
1. I am the duly authorized representative of the Plaintiff in the
case Eugenia P. Enriquez v. Victory-A Emission Center for
Forcible Entry filed before the Metropolitan Trial Court of
Mandaluyong City.
2. I have caused the preparation and filing of the foregoing
Complaint relative to the above-captioned case.
3. I have read and fully understood the contents of the same
which are all true and correct of my personal knowledge and
belief and based on authentic records.
4. I further certify that I have not commenced any action
involving the same issues before the Supreme Court, Court
of Appeals, regular courts, judicial or quasi-judicial bodies
and in the event that we should learn of a pending action, we
undertake to inform this Honorable Court within ten days
upon learning thereof.
IN WITNESS WHEREOF, I have hereunto set my hand
this ___ day of October 2016.

NOEL P. ENRIQUEZ
SUBSCRIBED AND SWORN to before me this ____ day of
__________, affiant exhibiting to me his ______________ with no.
____________ issued on __________________________ at Manila
and expiring on _______________________________.
Doc. No. ____;
Page No. ____;
Book No. ____;
Series of 2016.

Page 5 of 5