REPUBLIC OF THE PHILIPPINES

5th MUNICIPAL CIRCUIT TRIAL COURT

Second Judicial region
Naguilian, Isabela

JIN TACHI,
Petitioner,

CIVIL CASE NO. 133

-versus- For: FORCIBLE ENTRY
NANA HIRAGI,
Defendant
x-----------------------------------x

COMPLAINT

Plaintiff, through the undersigned counsel, and unto this honorable court, most respectfully
avers:

1. That plaintiff is of legal age, Filipino Citizen, with postal address MArasat Pequno,
San Mateo, Isabela; While Defendant Hiragi, is of legal age, Filipino Citizen, with
postal address at No. 24 Evangelista Street, Naguilian, Isabela, where he may be
served with summons and other processes by this Honorable Court;

2. The plaintiff is the owner of a parcel of land located in Naguilian, Isabela, containing
an area of Five Hundred Thousand (500,000.00) square meters, more or less which
realty is titled in the name as evidence by Transfer Certificate of title No. T-
222222222 of the Registry of Deeds of Isabela, photocopy of TCT No. T-222222222
is hereto attached and made an integral part of Annex “A”.

3. 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;

4. On January 28, 2020, 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 250,000 square meters with the following boundaries: on the
Northeast by the remaining portion; and on the Southwest by a city Road

5. 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.
 6. 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.

7. 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 P15,000.00

8. 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

In support of the foregoing allegations, the Plaintiff has attached hereto his affidavit.

WHEREFORE, it is respectfully prayed that, after due notice and having a

preliminary mandatory injunction be issued forthwith to 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, 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 and that after trial, said injunction be made permanent, with
costs and such orders which are are just and deemed equitable are likewise prayed for.

Naguilian, Isabela, March 1, 2020.

ABOGADO A. ABOGADO
Counsel for the Petitioner
IBP No. 1331231/2-5-05
PTRNo.133/10-2203/Leg.
Roll No. 133123

VERIFICATION/CERTIFICATION AGAINST FORUM SHOPPING

I, MR. JIN TACHI, of legal age, Filipino Citizen, married, after having been duly
sworn to in accordace with law, hereby depose and say:
1. That I am the plaintiff in the above-entitled case;

2. That I have cause the preparation of the foregoing Complaint/Petition and have read
the allegations contained therein;

3. That the allegations in the said complaint/petition 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 issued 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 proceeding has been filed or
is pending before the Supreme Court, court of Appeals or any other tribunal agency, I
hereby imdertake to report that fact within five (5) days therefrom to the court or
agency wherein the original pleading and sworn certification 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 provision of Adm. Circular No. 04-94 of the Honorable Supreme
Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 1st day of March
2020, in Ilagan Isabela, Philippines.

MR. JIN TACHI

Affiant

SUBSCRIBED AND SWORN to before me this 1st day of March 2020, in the City of
Ilagan, with affiant exhibiting to me his SSS ID, with ID No. 1234 issued at Iligan City
on April 2001.

KAGURA A. ABOGADO
Notary Public
IBP No. 1231231/2-5-05
PTRNo.123/10-2203/Leg.
Roll No. 123123

Doc. No. 60;

Page No. 12;
Book No. I;
Series of 2020