Republic of the Philippines

MUNICIPAL TRIAL COURT

Second Judicial Region
Branch __
Lal-lo, Cagayan

SANTIAGO JOSE LAFORGA, and CIVIL CASE NO. ___

TRINIDAD LAFORGA
For: Recovery of Possession plus
Plaintiffs, Damages with Prayer for the
Issuance of Preliminary Injunction
-vs- and/or Temporary Restraining
Order (TRO)
CHARITO SUPNET, and
ANABELLE SUPNET

Defendants.
x ----------------------------------------x

COMPLAINT

Plaintiffs, by undersigned counsels, to this Honorable Court,

most respectfully aver, THAT:

1. Plaintiffs Santiago Jose Laforga and Trinidad Laforga are dual

citizens, of legal age, and residents of Zone 3, San Lorenzo,
Lal-lo, Cagayan, where they may be served with notices and
other processes of this Honorable Court;

2. Respondents are all of legal age, and residents of San Lorenzo,

Lal-lo, Cagayan, where they may be served with summons and
other legal processes of this Honorable Court;

3. OCT No. T-19712 is registered under the name of Joan Laforga

covering Lot No. 5280-B of the Subd. Plan Psd-(AF)-02-044807
 (AR) located at Barrio of San Lorenzo, Lal-lo Cagayan, with an
area of Thirty Thousand Twenty Eight (30,028) square meters,
more or less (hereinafter, the “subject property”). Copy of the
said Owner’s Duplicate of the Original Certificate of Title is
hereto attached as ANNEX “A”;

4. The Tax Declaration of OCT No. T-19712 is TD No. 22290

under the name of Joan Laforga pertaining to the same Lot
5280-B of the subd. Plan Psd-(AF)-02-044807 (AR) has an
assessed value of P54,840.00. Copy of the Tax Declaration is
hereto attached as ANNEX “B”;

5. In 11 October 2006, a Katulagan was entered into by Joan

Laforga and defendants asserting that the defendants shall
become a caretaker and/or laborer of 1.2 hectares of the
subject property. Copy of the said Katulagan is hereto attached
as ANNEX “C”;

6. Thereafter, Joan Laforga died in 05 November 2007. Copy of

the Death Certificate is hereto attached as ANNEX “D”;

7. The landowner, unmarried at that time is survived by her legal

heirs, her children namely, Zreeka Zane Laforga and Aldwin
Kelly Laforga. Copies of the Birth Certificates are hereto
attached as ANNEXES “E” and “F”;

8. In 19 November 2020, an Extrajudicial Settlement of Estate

with Sale was executed by the legal heirs pertaining to the
subject property to herein Plaintiffs. Copy of the Extrajudicial
Settlement of Estate with Sale is hereto attached as ANNEX
“G”;

9. That plaintiffs are dual citizens of the Philippines and United

States of America hence they can own private lands in the
Philippines without being subjected to any limitation. Copy of
the Identification Certificates, Order of Approval and Oath of
Allegiance pursuant to Republic Act 9225 are hereto attached
as ANNEXES “H-1” to “H-8”;

10. The Real Property Taxes has been paid until the fourth quarter
of 2022 by herein plaintiffs. Copy of the said Real property
Taxes are hereto attached as ANNEXES “I-1” to “I-2”;

11. The plaintiffs asked the defendants to vacate the area amicably
that they are occupying so that they can now
 register it under their name, fully utilize and cultivate the area.
However, the defendants were asking for an unreasonably
higher amount and did not heed;

12. The Office of Punong Barangay certified in 1 March 2022 that

the subject property was sold by the defendants to Joan
Laforga, including the 1.4 hectares being tilled by the
respondents. Copy of the said certification is hereto attached
as ANNEXES “J-1” to “J-2”;

13. As owners of the subject property in question, the plaintiffs

have right to eject any person illegally occupying their
property. This right is imprescriptible. Even if it be supposed
that they were aware of the petitioners' occupation of the
property, and regardless of the length of that possession, the
lawful owners have a right to demand the return of their
property at any time as long as the possession was
unauthorized or merely tolerated, if at all;

14. Despite demand, defendants would wantonly and unjustifiably

refuse to vacate and would continuously occupy, till and
cultivate the subject property;

15. In 11 May 2022, herein plaintiffs gave a final demand letter to

the defendants to immediately vacate the subject property.
Copy of the said demand letter is hereto attached as ANNEX
“K”;

16. Due to the oppressive manner of dispossession and deprivation

of their proprietary rights for a very long time, herein plaintiffs
were never fully able to use and cultivate the subject property
and its fruits thereby causing them to suffer actual damages in
the form of loss of income in the amount of P100,000.00
annually;

17. On account of the unjustified refusal of the defendants to

vacate the subject property, plaintiffs were constrained to
institute this action, thereby incurring litigation expenses and
will continue to incur further expenses of litigation in the
process in an amount which will not be less than P100,000.00;

18. For the proper protection and enforcement of the rights and
interest of plaintiff on the land in dispute, they engaged the
services of the undersigned counsel for an agreed attorney’s
 fee of P50,000.00 exclusive of his appearance fee of P5,000.00
for every hearing attended;

19. Consequently, herein plaintiffs suffered mental anguish, fright,

serious anxiety, wounded feelings, social humiliation, torment
and sleepless nights to which they are entitled under the law
and on the ground of equity to an award of moral damages
which although beyond pecuniary estimation may be fairly
assessed at P100,000.00;

20. To show the public that the law sanction land grabbing,
exemplary damages must be assessed against the defendants
in an amount not less than P50,000.00;

21. Vicente O. Tiu, former Barangay Captain of San Lorenzo Lal-lo

is presented to testify on the Certifications dated 1 March 2022
executed before his office. Copy of Judicial Affidavit of the said
witness is herein attached as ANNEX “L”;

22. Melanie Laforga, former barangay Secretary of San Lorenzo

Lal-lo is presented to testify on the katulagan dated 11 October
2006 executed before her office. Copy of Judicial Affidavit of
the said witness is herein attached as ANNEX “M”;

23. Rizal Laforga, a caretaker of the subject property is presented

to testify of herein claims. Copy of Judicial Affidavit of the said
witness is herein attached as ANNEX “N”;

24. Finally attached as ANNEX “O” is the Joint Judicial Affidavit of

plaintiffs Santiago Jose Laforga and Trinidad Laforga, who will
be presented to testify on the material allegations of the
petition and to identify the documentary evidence in support of
the allegations contained in this petition.

ALLEGATIONS IN SUPPORT OF PLAINTIFFS’

APPLICATION FOR ISSUANCE
OF A WRIT OF PRELIMINARY INJUNCTION AND/OR
TEMPORARY RESTRAINING ORDER (TRO)

25. Plaintiffs replead the foregoing allegations in support of the

application for the issuance of a writ of preliminary injunction
and/or temporary restraining order (“TRO”);
26. Rule 58 OF THE 1997 Revised Rules of Civil Procedure
grants the Honorable Court the power to enjoin or restrain any
actual or threatened commission of any and all prohibited acts.
In the case at bar, an injunction and/or TRO will lie considering
the following:

a. Plaintiffs have no adequate remedy at law, and

b. Plaintiffs have just and valid causes and are entitled to
the reliefs sought, particularly in preventing the
defendants for further making renovations in their
respective houses as well as introducing new
improvements on the land involved.

27. Substantial damage will be suffered by plaintiffs if defendants

are not restrained from continuously tilling and/or cultivating
the subject property that they are illegally occupying. The
commission of the acts complained of during litigation would
work injustice to the plaintiffs;

28. Plaintiffs are ready and willing to file a bond in such amount as
may be fixed by this Honorable Court, conditioned upon the
undertaking that plaintiffs will pay defendants herein all
damages that they may sustain by reason of the injunction
should the Honorable Court finally determine that plaintiffs are
not entitled thereto.

PRAYER

WHEREFORE, PLAINTIFFS respectfully pray of this Honorable Court

that judgment be rendered in favor of the plaintiff ordering:
1. ISSUANCE of Temporary Restraining Order (TRO)
immediately upon filing this complaint to prevent defendants
from further occupying, tilling and/or cultivating a portion of
the subject property.
2. Thereafter, the TRO issued be converted to a WRIT OF
PRELIMINARY INJUNCTION pending the resolution of the
merits of this instant case.
3. DECLARATION that the present possession of the
defendants on the subject property is illegal or unlawful.
4. TO VACATE the subject property and TO SURRENDER the
peaceful possession thereof to the plaintiffs.