Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch 43
City of Manila

United Alloy Philippines Corporation (Unialloy),

As represented by Mr. X, as the General Manager

Plaintiff
-versus- Civil Case No. 12345
For: Recovery of possession with
prayer for issuance of Writ of
Preliminary Injunction and/or
Temporary Restraining Order

Mario Mercedes

Defendant
x------------------------------------------------x

COMPLAINT

COMES NOW, the plaintiff, through the undersigned attorney, and this
Honorable Court respectfully alleges:

1. That plaintiff is a domestic corporation duly incorporated and organized

under Philippines laws, with principal office at Doa Esperanza Building,
Maceda Street, Sampaloc, Manila;

2. That defendant Y, is of legal age, Filipino citizen, with postal address at No. 24
Evangelista Street, Santolan, Pasig City, where he may be served with
summons and other processes by this Honorable Court;

3. That the plaintiff is the registered owner of a parcel of land located in Pasig
City covered by Transfer Certificate of Title No. 19008 issued by the Register
of Deeds of Pasig City;

4. That sometime on October 2, 2011, defendant asked the plaintiff if he can

stay in the premises of the plaintiff to use it as his temporary shelter and the
plaintiff agreed for humanitarian consideration;

5. That on January 2012, without the consent of the plaintiff, defendant started
to build a concrete house over the premises of the plaintiff, and the latter
demanded the construction be stopped, but the defendant refused to accede
to the demand of the plaintiff of the plaintiff;

6. That despite oral and written demand, defendant still refused and
continuously refusing to stop the construction of the said house to the
damage and prejudice of the said plaintiff;

7. That plaintiff was forced to litigate and engaged the services of a counsel in
the amount of P 50,000.00 as attorneys fees, and appearance fee of P
3,000.00 for every hearing of the case.

Plaintiff respectfully pleads the foregoing allegations in support of his prayer

for an injunctive relief.
 8. For the preservation of the rights of the parties pending such proceedings, in
the light of the circumstances there is an imperative necessity for the
issuance of a writ of preliminary injunction to enjoin or restrain the
defendant from constructing concrete house so as not to pre-empt this
Honorable Court from resolving and deciding the matters raised herein.

9. If the questioned acts are not enjoined, plaintiff will suffer great and
irreparable damage and injury, and the instant case would be rendered moot
and academic.

10. Plaintiff is willing to post a bond for the issuance of a writ of preliminary
injunction in the amount that this Honorable Court may require for the
purpose.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court that judgment be rendered:

a) At the outset, plaintiff most respectfully seek for the issuance of temporary
restraining order addressed to the defendant, their subordinates and all
persons acting under him to refrain from erecting concrete house, buildings
and any structure on the subject premises.

b) That, upon plaintiff filing a bond in an amount, which this Court may fix, a
writ of preliminary injunction be immediately issued, restraining and
enjoining the defendants, to stop the construction of the house over the
premises of the plaintiff.

c) That, after trial, judgment be rendered making said preliminary injunctions

permanent, and ordering the defendant to pay the sum of P 100,000.00 as
exemplary damages, P 50, 000.00 as attorneys fees.

d) That the subject property be reconveyed to the plaintiff.

Such other relief and remedies as may be deemed just and equitable under the
premises are likewise prayed for.

Manila, March 18, 2012.

TAN LIBRANDA ONEZA

AND CEPILLO LAW OFFICE
Counsel of the plaintiff
Suite 506 Don Santiago Building,
1344 Taft Ave., Ermita, Manila
By:
FERDINAND A. TAN
IBP No. 875574/1-6-12
PTR No. 0419241/1-18-12/Manila
Roll No. 38488
MCLE No. 3847, April 4, 2011
Tel. No. 354-78-40
 VERIFICATION/CERTIFICATION AGAINST NON-FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES )

CITY OF MANILA ) S.S

I, Mr. X, of legal age, Filipino citizen, married, after having been duly sworn to in
accordance with law do hereby depose and say:

1. That I am the plaintiff in the above-entitled case;

2. That I have caused the preparation of the foregoing complaint and have read
the allegations contained therein;

3. The allegations in the said complaint are true and correct of my own
knowledge and authentic records;

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

5. That if I should thereafter learned that a similar action or proceedings has

been filed or is pending before the Supreme Court, Court of Appeals or any
other tribunal or agency, I hereby undertake to report that fact within five
(5) days therefrom to the court or agency wherein the original pleading and
sworn certification is contemplated herein have been filed;

6. I executed this verification/certification to attest to the truth of the foregoing

facts and to comply with the provisions of Adm. Circular No. 04-94 of the
Honorable Supreme Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 18th day of

March 2012, in the City of Manila.

MR. X

SUBSCRIBED AND SWORN to before me, this 18th day of March, in the City of
Manila, affiant exhibiting to me his Passport No. XX123456789 issued on January 7,
2012 at Cagayan de Oro City.

FERDINAND A. TAN
Notary Public for Manila
IBP No. 875574/1-6-12
PTR No. 0419241/1-18-12/Manila
Roll No. 38488
MCLE No. 3847, April 4, 2011
Tel. No. 354-78-40

Doc. No. 11;

Page No. 22;
Book No. V;
Series of 2013