Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 16
Davao City

SAPPHIRE ENERGY CORPORATION

As represented by Mr. Kalil K. Krasto,
as the General Manager
Plaintiff

-versus- Civil Case No. 45892

For: Recovery of possession
with prayer for issuance of Writ
of Preliminary Injunction

PETER ANDRE P. PROGARAS

Defendant.
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COMPLAINT

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

THE PARTIES

1. Plaintiff is a domestic corporation duly incorporated and organized

under Philippines laws, with principal office at FTC Building, Mabini
Street, Brgy. Pob. 2-A, Davao City and is duly represented by Mr.
KALIL K. KRASTO, who is of legal age, a Filipino citizen, with postal
address at Dr. 2, Sunnypoint Apartelle, Brgy. Ma-a, Davao City who
may be summoned and served with court process at the same address;

2. Defendant, PETER ANDRE P. PROGARAS, is of legal age, Filipino

citizen, with postal address at No. 89 Evangelista Street, Bonifacio,
Davao City, where he may be served with summons and other processes
by this Honorable Court;

STATEMENT OF FACTS

3. That the plaintiff is the registered owner of a parcel of land located in

Davao City covered by Transfer Certificate of Title No. 1003443 issued
by the Register of Deeds of Davao City. A copy Transfer Certificate of

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 Title No. 1003443 is attached and marked as Annex “A” and made as
an integral part hereof;

4. That sometime on August 2, 2019, defendant asked the plaintiff,

through its general manager, 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 December 2019, 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;

ALLEGATIONS

Plaintiff respectfully pleads the foregoing allegations in support of his

prayer for an injunctive relief.

7. For the preservation of the rights of the parties pending such

proceedings, 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.

8. 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.

9. That plaintiff was forced to litigate and engaged the services of a

counsel in the amount of FIFTY THOUSAND PESOS (P 50,000.00)
as attorney’s fees, and appearance fee of THREE THOUSAND PESOS
(P 3,000.00) for every hearing of the case.

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, it is most respectfully prayed of this Honorable Court

that judgment be rendered:

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 a) 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 attorney’s fees; and

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

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

RESPECTFULLY PRAYED

DONE.Davao City, Philippines.February 10, 2020.

(sgd.)
ATTY. JACOBO J. JUMAW
Counsel
Roll No. 54321/January 5, 2020
IBP Lifetime No. 09190
PTR No. 1276543, issued on May 05, 2019 at Davao City
MCLE No. IV-004222, issued on April 10, 2019 at Davao City
#60 Magallanes Street, Davao City

REPUBLIC OF THE PHILIPPINES)

CITY OF DAVAO ) S.S.
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VERIFICATION AND CERTIFICATION

I, Mr. KALIL K. KRASTO, of legal age, Filipino citizen, and a resident

of Dr. 2, Sunnypoint Apartelle, Brgy. Ma-a, Davao City, under oath, depose
and state:

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 1. That I am the duly appointed representative of SAPPHIRE
ENERGY CORPORATION and the Petitioner in the above-mentioned
case;

2. That I have caused the preparation of this Petition;

3. That I have read and understood its contents and affirm that they are
true and correct to my personal knowledge and based on authentic
records; and

4. That I hereby certify that there is no other case or special proceeding

commenced or pending before any court involving the same parties and
the same issue and that should we learn of such a case or special
proceeding, we shall notify the court within five (5) days from our
notice.

IN WITNESS WHEREOF, I have signed this instrument on the 10th

day of February 2020, in the City of Davao, Philippines.

(sgd.)
KALIL K. KRASTO
Affiant

SUBSCRIBED AND SWORN TO before me, this 10th day of February

2020, personally appeared to me a certain KALIL K. KRASTO exhibiting to
me his Community Tax Certificate No. 002945 issued on January 2020 at
Davao City, Philippines and his Driver’s License No. 5233 issued on
November 9, 2018 at Davao City, Philippines.

Doc. No. __ ;
Page No. ___ ;
Book No. ___;
Series of ___ .

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