REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT

City of Davao
Branch 1
MONKEY D. LUFFY,
Plaintiff,

-versus-
Civil Case No. 111-214
For: Complaint Forcible Entry
MONKEY D. DRAGON,
Defendant.
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COMPLAINT

PLAINTIFFS by counsel, to this Honorable Court respectfully avers that,

1. Plaintiff MONKEY D. LUFFY, of legal age, Filipino and residents of NHA

Buhangin Davao City.

2. Defendant MONKEY D. DRAGON, Filipino is residents of Block 24 Lot

31 Golden Hills Panacan Davao City, where they may be served summons
and other processes.

3. The plaintiff is the owner of a parcel of land located in San Mateo, Davao
City, containing an area of ONE MILLION(1,000,000.00) SQUARE
METERS, more or less which realty is titled in the name as evidence by
Transfer Certificate of title No. T-1232345 of the Registry of Deeds of
Isabela, photocopy of TCT No. T-1232134 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 fifty (50) years;

5. On January 28, 2011, defendant together with hired laborers without the
knowledge, consent and authority of the plaintiff, by force, strategy and
stealth entered the land described in paragraph 3, encroached on and took
possession of a portion of the land having an area of 500,000 square meters
with the following bounderies: on the Northeast by the remaining portion;
and on the Southwest by a provincial Road.
 6. Simultaneous to their unlawful entry, defendant started construction of a
residential house notwithstanding repeated demands for them to stop and to
desist from further acts of dispossession.

7. Plaintiff, by themselves and through their representative, repeatedly

demanded of the defendant to vacate the area occupied by them and and to
deliver the peaceful possession of the same to them, but defendants, without
any just or legal reason, refused and continue to refuse to leave the premises
and restore peaceful possession to the plaintiffs of the portion which they
unlawfully wrested from the plaintiff.

8. Efforts for a possible settlement and/or reconciliation was exerted by the

plaintiff by seeking the intervention of barangay officials of Barangay
Marasat Pequeno, san Mateo, regrettably all efforts to amicably settle their
dispute were in vein. Copy of the certification issued by Barangay Secretary
Levy teodorao dated feb. 9, 2011 is hereto appended and marked as Annex
“B”.

9. As a consequence of the unlawful entry and occupation of their land by the

defendant and their subsequent refusal to vacate the premises, plaintiff were
compelled to file this action and, for this reason have to engage the services
of counsel for an agreed professional fee of P25.00

10.As further consequence of the defendant refusal to surrender and restore

peaceful possession of the land, plaintiff, suffered mental anguish, emotional
disturbance, embarrassment besmirched reputation which entitles them to
recover moral and exemplary damages amounting to not less than
P50,000.00

PRAYER

WHEREFORE, plaintiff respectfully prays the Honorable Court to render

judgment;

a) Ordering the defendant to vacate the premises of the area occupied by them
and to deliver peaceful possession of the same to the plaintiff or their
representative
b) Ordering the defendant to remove any and structure which they, in bad faith,
have erected in the area occupied by them or, in default thereof, to order the
demolition of their building or structures which are standing in the land, all
at the expense of the defendants.
c) Condemning the defendant to pay to the plaintiff.
 i. The sum of P25,000.00 as attorney’s fees and the sum of P5,000 as
expense of litigation;
ii. Moral and exemplary damage of not less than P50,000.00; and
iii. The costs of this suit:
iv. Plaintiff pray for other reliefs and remedies as may be just and
equitable in the premises.

City of Davao, February 2, 2020.

GRIDLIN A. MATILAC
Counsel for Plaintiff
Until December 31, 2021
Attorney’s Roll No. 10772
PTR No. 7862245 B; 01-02-20; Davao City
IBP O.R. No. 024454; 01-02-20; Davao City

REPUBLIC OF THE PHILIPPINES)

PROVINCE OF DAVAO DEL SUR) S.S
IN THE CITY OF DAVAO………..)
X…………………………………….X

VERIFICATION AND CERTIFICATION

I, MONKEY D. LUFFY, of legal age, after having been duly sworn in accordance
with law, depose and state that:
1. I am a petitioner in the above-stated case representing the republic of the
Philippines;
2. I caused the preparation of the foregoing petition;
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 true and authentic
records.
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.

IN WITNESS WHEREOF, I have hereunto affixed my signatures this 2nd day of

February 2019, at Davao City, Philippines.

MONKEY D. LUFFY
Affiant

SUBSCRIBED AND SWORN to before me this 2nd day of February 2020 at

NHA Davao City affiant exhibiting to me his PRC ID. No. 6123 as competent
proof his identity, personally signed the forgoing affidavit and acknowledged that
he executed the same.

WITNESS MY HAND AND SEAL this 2nd day of February 2020 in Davao City,
Philippines.

NOTARY PUBLIC
Doc. No. 47;
Page No. 10;
Book No. 01;
Series of 2020.