REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION

MUNICIPAL TRIAL COURT IN CITIES
SAN CARLOS CITY, PANGASINAN

FERNANDO B. DALISAY
PLAINTIFF, Civil Case No. ____

- VERSUS – For: Forcible Entry with Prayer

for Restraining Order, Writ of
COCO MARTIN WHO IS USING AS Preliminary Prohibitory
ALIAS THE NAME CARDO DALISAY Injunction
DEFENDANT. and Damages
X--------------------------------------------------X

COMPLAINT

Plaintiff through counsel unto this Honorable Court respectfully states that:

1. Plaintiff is of legal age, married, Filipino but now also a U.S. citizen, a

resident of No. 15 Cortecyous Lane Somerset, New Jersey and with local

address as No. 176 Tupas Blvd., San Carlos City, Pangasinan;

2. Defendant is Filipino, of legal age, married and a resident of Brgy. Taloy,

San Carlos City, Pangasinan where he may be served with summons and

other processes of the Honorable Court;

3. Plaintiff is one of the legitimate children who are the legal heirs of the late

Susan B. Dalisay;

4. Susan B. Dalisay left an estate consisting of real properties and one of

which is a ½ undivided portion (northern part) of a certain parcel of land

situated in Poblacion, San Carlos City, Pangasinan covered by transfer

Certificate of Title No .20791 and which parcel of land is more particularly

described and bounded as follows:

1A Copy of TCT No. 2079 is hereto attached and marked as Annex “A” and made an integral
part hereof.

Page 1 of 7
 TCT No.2079

TECHNICAL DESCRIPTION2

A parcel of land (Lot 6516-A of the subdivision plan (LRC) Psd-52329, being a portion

of Lot 6516, San Carlos Cadastre, LRC Cad. Rec. No.1427), with improvement

thereon, situated in Poblacion, City of San Carlos, Province of Pangasinan. Bounded

on the NE., points 3 to 4 by Lot 6517; on the SE., points 4 to 5 by Lot 12720; points

5 to 1 by Lot 6521; on the SW., points 1 to 2 by Lot 6514, all of San Carlos Cadastre;

on the NW., points 2 to 3 by Lot 6516-B of the subdivision plan. Beginning at a point

marked “1” on the plan, being S. 48 deg. 19’E., 813.04 m. from BLLM 26, San Carlos

Cadastre; thence N. 20 deg. 04’W., 10.43 m. to point 2; thence N. 64 deg. 55’E.,

22.10 m. to point 3; thence S. 21 deg. 51’W. 10.44 m. to point 4; thence S. 66 deg.

26’W., 9.60 m. to point 5; thence S. 63 deg. 55’W., 12.63 m. to the point of beginning;

containing an area of TWO HUNDRED TWENTY NINE (229) square meters, more or

less. All points referred to are indicated on the plan and are marked on the ground as

follows: Points 2 to 3 by PS Cyl. Conc. Mons. 15 x 60 cm., and the rest by Old B.I. Cyl.

Conc. Mons. 15 x 60 cm., bearings true; declination 0 deg. 20’E., date of the Orig.

survey, Aug. 2, 1926 Oct 31, 1931 and x x x x x

5. Plaintiff through his predecessors-in-interest have been in actual prior

physical possession of the parcel of land until he left for the U.S. on 2010;

6. Sometime in the first week of December, 2019, plaintiff arrived in the

Philippines for his yearly stay and upon his arrival he discovered that

defendant is trying to reconstruct an old building used to be pigpens on

the subject lot;

7. Plaintiff further learned and discovered that defendant has intruded into

the property sometime on November, 2018 and the purpose of his

reconstructing the improvement thereon is stay thereat and use it as his

residence;

2In case of discrepancies between such contents and values that has been manually copied and
encoded on this page, and that appearing on the attached Copy of TCT No. 2079 -- the latter shall
be deemed controlling and a conclusive representation of the same.

Complaint
Page 2 of 7
 8. On January 5, 2020, plaintiff immediately confronted the defendant about

his unlawful intrusion in the property and illegal construction he is doing

within the property but the latter simply ignored the demand of the plaintiff

and even dared plaintiff that he will deport him. On January 10, 2020,

plaintiff also sent written demand personally upon the defendant, which

was personally received by him, for him to vacate the property3;

9. The acts of the defendant by entering and trying to take possession of the

subject property by stealth is to deprive plaintiff and the other heirs of their

rightful possession of the property;

10. Defendant continues to do construction works on the property and

there is an imperative need to restrain him and order him to cease and

desist from his unlawful acts;

11. On account of the unlawful, illegal acts of the defendant, plaintiff as

one of the heirs and co-owners of the property was constrained to go to

court for redress and has to spend litigation expenses in the amount of

Php50,000.00 plus fees for lawyer in the amount of Php30,000.00 plus

Php5,000.00 as appearance fee for every court hearing attended and

which amounts defendant should be ordered to reimburse;

12. Plaintiff further suffered sleepless nights, emotional stress which

spoiled his supposed serene and relaxing holiday for which entitles him

for award of moral damages in the amount of Php200,000.00;

3 A Copy of the Demand Letter with proof of receipt is hereto attached and marked as Annex “B”
and made an integral part hereof.

Complaint
Page 3 of 7
 13. Defendant to give a semblance that his acts are lawful is using and

usurping the name Cardo Dalisay when in truth and in fact his real name

is Coco Martin;

PRAYER FOR A RESTRAINING ORDER AND

WRIT OF PRELIMINARY PROHIBITORY INJUNCTION

Plaintiff hereby repleads and incorporates by reference all the foregoing

allegations.

14. Defendant continues to occupy and construct within the subject

property in gross violation of plaintiff’s right as an owner;

15. Plaintiff is entitled to the relief demanded and part of such relief is

restraining said defendant the continuance of his unlawful act of doing

construction work;

16. The continuance of defendant’s act alleged in the immediately

preceding paragraphs during the litigation would clearly work injustice to

the plaintiff;

17. Plaintiff is willing to put up a bond executed to the defendant in an

amount to be fixed by the Honorable Court to the effect that plaintiff will

pay to the defendant all damages which he may sustain by reason of the

injunction if the Honorable Court should finally decide that plaintiff is not

entitled thereto.

WHEREFORE, it is respectfully prayed of this Honorable Court that upon

the filling of the Complaint, a restraining order be immediately issued directing

the defendant to stop doing any construction works in the subject property and

after due notice and hearing a writ of preliminary prohibitory injunction be issued

Complaint
Page 4 of 7
against the defendant upon plaintiff’s filing of the bond in the amount fixed by

the Honorable Court enjoining the defendant to refrain from occupying the

subject property or any portion there of and after proper hearing, judgment be

rendered in favor of the plaintiff by:

1. Making the writ of injunction permanent;

2. Ordering defendant and all persons claiming title under him to

peacefully vacate the subject property and respect plaintiff and his

sibling’s rightful ownership and possession over the subject property;

3. Ordering the defendant to pay plaintiff the amount of Php200,000.00

as moral damages;

4. Ordering the defendant to pay plaintiff the amount of Php50,000.00 as

actual damages and the sum of Php30,000.00 plus Php5,000.00

multiplied by the number of court hearings attended by his counsel as

and by way of attorney’s fee; and

5. To pay the cost of suit.

Plaintiff further prays for such other reliefs and remedies proper and just

under the premises.

August 8, 2020. San Carlos City, Pangasinan.

CHARMAINE ROSE D. CABLAYAN (sgd.)

Counsel for the Plaintiff
3/F KFD Bldg., Burgos St. Extn.
San Carlos City, Pangasinan
Roll No. 64083
Lifetime Member Roll No. 018955 / 02-12-2018
PTR No. 665214-9/ 01-02-2020/
San Carlos City, Pangasinan
MCLE Compliance No.: VI-0029556 / 04-14-2022
Email: charmainerose.cablyan@gmail.com
Contact No.: 0955-541-4838

Complaint
Page 5 of 7
Republic of the Philippines )
San Carlos City ) s. s.
Province of Pangasinan )

VERIFICATION AND CERTIFICATION

I, Fernando B. Dalisay, of legal age, married, Filipino also a U.S. citizen, a

resident of No. 15 Cortecyous Lane Somerset, New Jersey and with local address

as No. 176 Tupas Blvd., San Carlos City, Pangasinan, after having been duly

sworn to in accordance with law, do hereby depose and state that:

1. I am the PLAINTIFF in the above-entitled case;

2. I have caused the preparation of the foregoing Complaint and the

allegations herein are true and correct based on my personal

knowledge and/or based on authentic documents;

3. This Complaint is not filed to harass, cause unnecessary delay or

needlessly increase the cost of litigation;

4. The factual allegations herein have evidentiary support or, if

specifically, so identified, will likewise have evidentiary support after a

reasonable opportunity for discovery;

5. I have not heretofore commenced any action or filed any claim involving

the same issues in any court, tribunal, or quasi-judicial agency;

6. To the best of my knowledge, no such other action or claim involving

the same issue/s is pending in any court, tribunal, or quasi-judicial

agency;

7. if I should thereafter learn that the same or similar action or claim has

been filed or is pending in any court, tribunal, or quasi-judicial agency,

Complaint
Page 6 of 7
 I shall report such fact within five (5) days therefrom unto the

Honorable Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 8th day

of August 2020 in the City of San Carlos, Pangasinan.

________________________________
FERNANDO B. DALISAY (SGD.)
Plaintiff
Passport ID No. 33-7111625-2
Issued on August 25, 2014
Expires on August 24, 2024

SUBSCRIBED AND SWORN TO BEFORE ME, this 8th day of August 2020 in the

City of San Carlos, Province of Pangasinan, Philippines. Affiant exhibited and

presented to me his identification document as appearing below his name for

proper identification.

_________________________________
CASTIEL ACE C. ORTIZ (SGD.)
Notary Public
Until December 31, 2020
Notarial Commission No. 2020-11
Roll No. 65751
IBP No. 1000255/01-04-2014
PTR No. 254854/ 01-02-2020/ San Carlos
City, Pangasinan
MCLE Compliance No.: VI-0065856 / 04-14-
2022

Doc. No. 36;

Page No. 80;
Book No. IV;
Series of 2020.

Complaint
Page 7 of 7
 Annex “B”

January 10, 2019

DEMAND LETTER

Mr. COCO MARTIN using the alias of Cardo Dalisay, I am giving you 30 days from receipt
hereof to vacate my land which you are illegally occupying and surrender its possession
and ownership to me.
If you fail to do so in the said time period, I will be constraint to protect my rights and I
will file an appropriate case against you in court.
Consider this as my final demand.

Fernando B. Dalisay (sgd.)

Coco Martin(sgd.)
January 10, 2019