Republic of the Philippines

SUPREME COURT
Province of Leyte
7 Municipal Circuit Trial Court
th

Julita-Tabontabon Circuit
Julita, Leyte

FE AVELINO CABODIL
                                 Plaintiff,
Civil Case No.______
For: Forcible Entry with
Prayer for Issuance of
Writ of Preliminary
Injunction and
Damages
VS.

SPOUSES ROSANNA and

RUBEN ENCARNACION
                        Defendants.

x-------------------------------x

COMPLAINT

PLAINTIFF, by counsel, and unto this Honorable Court, most

respectfully allege: THAT
1.      Plaintiff is of legal age, married, Filipino, with residence and postal
address at Poblacion District 1, Julita, Leyte, Philippines where she
may be served notices and other court processes, in addition to her
counsel’s address;
2.      Defendants Spouses are also of legal ages, Filipinos, with residence
and postal address at Brgy. Dita, Julita, Leyte where they may be
served notices and other court processes ;

3. That the parties have the capacity to sue and be sued;

4. Plaintiff is the lessee of a residential lot(portion) with an area of 300
square meters more or less with Title no. T-9613 denominated as Lot
no. 4334-C with a total area of 2,945 square meters belonging to the
late Vicente Quintero Jr. which is now managed by his son Vicente
“Buboy” Quintero III located at Poblacion District 1, Julita, Leyte,
(Copy of title and Judicial Affidavit of Vicente “Buboy” Quintero III are
hereto attached and marked as Exhibits “A” and “B”);

5. That on or about 3:00 p.m. of December 14, 2021, Defendants with

the aid of 7 hired persons, armed with hammers and other carpentry
tools with deliberate intent to cause damage, destroyed the fence of
the property;

6. That under the instruction of Defendants Spouses Encarnacion, the

hired men with the use of force, intimidation and threat proceeded to
deliberately cause damage and destroy the fence of the above-
mentioned property in order for them to enter the property(Photos are
hereto attached and marked as “Exhibits “C” and series);
7.     The value of the damage caused by Respondents amounted to Ten
Thousand Pesos (P10,000.00), which was the amount spent in
materials for the property damaged by Respondents(Copy of receipt
is hereto attached and marked as Annex “D”);

8. That Defendants were the previous lessees of the property who

abandoned the same having not paid the lease rentals for 23 years;

9.     That plaintiff Fe Avelino Cabodil is the new lessee of the property
having paid the unpaid lease rentals for 23 years of the former
lessees(Copy of receipt of payment of the unpaid lease rentals
through her husband Dominador Cabodil Jr. is hereto attached and
marked as Exhibit “E“ );

10. That Defendants Encarnacion employed such force, intimidation and

threat in order to recover possession of the property having lost
possession of the same as lessees which is now leased by plaintiff
Fe A. Cabodil(Copy of Judicial Affidavit of Doraine Cabodil, the letter
of Vicente “Buboy” Quintero III to Dist. 1 Chairman and copy of
receipt of advanced rentals for 2 years are hereto attached and
marked as Exhibits “F”,“G” and “H” respectively;
11. That days after Defendants succeeded in entering the property, they
installed a gate and made their own fence so the plaintiff, the new
lessee can no longer enter the property and parked a big bus on the
property to show their dominion over the same(Photos are hereto
attached and marked as Annex “I” and series);

12. That a Demand Letter to vacate was tendered to herein defendants

on February 5, 2022 giving them 15 days to vacate;(Copy of Demand
Letter is hereto attached and marked as Exhibit “J”);
13.   That on February 20, 2022, at the expiration of the fifteen-day grace
period given by the plaintiff, the defendants still has consistently
refused to vacate the real property;
14. That a series of mediation conferences were conducted by the
Barangay Chairman and Lupon Tagapamayapa but the same proved
futile(Certification to File Action is hereto attached and marked as
Exhibit “K”);

15. Thus, defendants are unlawfully withholding possession of the

subject property from the plaintiff despite last and final demand, to the
damage and prejudice of the plaintiff;

16. That plaintiff was deprived of all the beneficial use of the subject lot
from the moment defendants forcibly entered the property.
Defendants’ possession and occupation should be charged with
reasonable rental fees in the amount of One thousand two
pesos(P1,200.00) per month with legal interests counted from the
time of the plaintiff was deprived of possession. Otherwise, the
defendants would have unjustly enriched and continuously enrich
themselves at plaintiff’s expense;

Art. 19 of the Civil Code provides, thus:

“ Every person must, in the exercise of his rights and in the

performance of his duties, act with justice, give everyone his due, and
observe honesty and
good faith. “

17. In view of the foregoing, the plaintiff was constrained to retain the
services of counsel thereby incurring expenses in the amount of
Thirty Thousand Pesos(P30,000.00) as acceptance fee, and in
addition thereto, a fee of Three Thousand Pesos(P3,000.00) per
court appearance, which amount should be charged against the
defendants and be made payable to the plaintiff as attorney’s fees;

18. As an example, for the public good, and in order to deter other
persons from committing the same or similar unreasonable acts and
ommissions as herein complained of, the defendants must be
condemned to pay plaintiff exemplary damages in the amount of not
less than P10,000.00 only.

ALLEGATIONS IN SUPPORT OF APPLICATION FOR TEMPORARY

RESTRAINING ORDER AND WRIT OF PRELIMINARY
PROHIBITORY AND MANDATORY INJUNCTION
19. Plaintiff hereby applies for a Writ of Preliminary Mandatory Injunction
and/or Temporary Restraining Order to compel the defendants or
their agents and representatives to cease from further act on
installing a gate on the property and blocking the ingress of herein
plaintiff and to remove the bus parked on the said property, and in
support of her application for a writ of preliminary mandatory
injunction, respectfully states: THAT---

a. The plaintiff is entitled to the immediate peaceful restoration

of possession over the subject portion of property, being the
lawful lessee until she was lawfully ejected on the subject
portion of land without any justifiable cause;

b. The plaintiff is the lawful lessee but who is deterred from

entering the property because of the gate and fence installed
by defendants and the bus parked by defendants on the
same, which commission, continuance or performance of the
act or acts complained of during the litigation would surely
work injustice to the plaintiff as it deprived her to peacefully
enter the property;

c. The defendants have done, doing and further attempting to

do, some act or acts surely in violation of the rights of the
plaintiff respecting the subject matter of the action or
proceeding and tending to render the judgment ineffectual.

PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of
this Honorable Court that a WRIT OF PRELIMINARY MANDATORY
INJUNCTION or TEMPORARY RESTRAINING ORDER be issued against
the defendants enjoining them and all other persons deriving rights from
them to remove the gate and fence installed by them on the property so as
the bus parked on the property pending litigation, and after hearing,
judgment be rendered in favor of Plaintiff:
1.     ORDERING the defendants to remove the gate and fence and the bus
parked on the property and to vacate and deliver possession of the
abovementioned real property to plaintiff;

2.  ORDERING the defendants to pay ONE THOUSAND TWO HUNDRED

PESOS (P1,200.00) monthly, Philippine currency, representing the
rentals from the time plaintiff was deprived possession the property;
3. ORDERING the defendants to pay actual damages in the amount of TEN
THOUSAND PESOS(P10,000.00) and exemplary damages in the amount
of TEN THOUSAND PESOS(P10,000.00);

4. ORDERING the defendants to pay the Attorney’s Fees of THIRTY

THOUSAND PESOS(P30,000.00) and THREE THOUSAND
PESOS(P3,000.00) per appearance;

5. ORDERING the defendants to pay the costs of the litigation.

Other reliefs just and equitable under the premises are likewise prayed
for.
Tacloban City, Philippines, _________________, 2022.

ATTY. CHRISTOPHER RYAN P. ROSAL

Counsel for Plaintiff
Roll No. 67012
PTR No. 8210803 (January 3, 2022) Tacloban City
IBP No. 191725 (January 12, 2022), Leyte Chapter
MCLE No. VI-0011171
Kings Bldg., Paterno St., Tacloban City
09362566927

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

Republic of the Philippines
City of Tacloban                   ) S.S.
 I, FE A. CABODIL, Filipino, of legal age, and a resident of Pob. Dist.1,
Julita, Leyte, after having been duly sworn in accordance with law, depose and
state that:
1. I am the plaintiff in the above-stated case;
2. I have caused the preparation of the foregoing complaint;
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 of copies of documents and records
in my possession;
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.

Tacloban City, Philippines, ________, 2022

FE A. CABODIL
Affiant
                
SUBSCRIBED AND SWORN to before me this _____th day of ____________,
2022 at Tacloban City, Philippines affiant personally known to the Notary Public.