Republic of the Philippines

PROVINCE OF APAYAO
Municipal Trial Court
Kabugao, Apayao

ESTEBAN I. PATTING III, Civil Case No. 125

Plaintiff,
F O R :

-versus- FORCIBLE ENTRY

HERMS A. MALAP,
Defendant.
X - - - - - - - - - - - X

COMPLAINT

COMES NOW Plaintiff, through the undersigned counsel to this Honorable

Court respectfully states;

1. That Plaintiff is of legal age, single, Filipino citizen and presently residing at
Purok 5, Malama, Conner, Apayao where summons, legal processes and
notices may be served;

2. That Defendant HERMS A. MALAP is of legal age, married, Filipino citizen

and a resident of Poblacion, Kabugao, Apayao where summons, legal
processes and notices may be served;

3. That Plaintiff is the registered owner of a parcel of land covered by and

described in Original Certificate of Title No. K-3245 located at Sitio
Nagbabalayan, Poblacion, Kabugao, Apayao, copy of the Original Certificate
of Title No. K-3245 is hereto attached as Annex “A”,

4. That Plaintiff is constructing a residential vacation house at the aforesaid

parcel of land;

5. That on March 20, 2024 at about 8:00 o'clock in the morning, the Defendant
with the use of force and intimidation and without the consent and approval of
the Plaintiff entered the premises, conspired with his son John Malap and
helped one another in erecting a “bahay kubo” made of bamboo with roof of
galvanized sheets in the aforesaid property, copy of the Pictures are hereto
attached and marked as Annexes “B” and “B-1” respectively;

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6. That the matter was reported and entered in the Police Blotter of the
Philippine National Police (PNP), Poblacion, Kabguao, Apayao, copy of the
Excerpt of the Police Blotter is hereto attached and marked as Annex “C”;

7. That Plaintiff sought the assistance of the Lupong Tagapamayapa of

Barangay Poblacion, Kabugao, Apayao for possible settlement but
Defendant refused to acknowledge the summon served and failed to appear.
Consequently, the Office of the Lupong Tagapamayapa issued a Certification
to File Action, copy of which is hereto attached and marked as Annex “D”;

8. That due to the refusal of Defendant to appear before the Office of the
Lupong Tagapamayapa, Plaintiff was deprived of the lawful use of the
property and was forced to engage the services of the counsel to protect his
rights and interest and agreed to pay Fifty Thousand Pesos (Php50,000.00)
as Acceptance Fee and Three Thousand Pesos (Php3,000.00) per Court
Appearance;

9. That due to the unjustifiable acts of Defendant and contrary to good conduct
and morals, Plaintiff suffered sleepless nights, severe anxiety, wounded
feelings and excruciating pains, Defendant should pay the Plaintiff jointly and
severally the amount of Fifty Thousand Pesos (Php50,000.00) as moral
damages;

10. That in order to deter the public from committing similar offense, Defendant
should also pay the Plaintiff jointly and severally the amount of Fifty
Thousand Pesos (P50,000.00) as exemplary damages.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed to this

Honorable Court that judgment be rendered in favor of the Plaintiff against
the Defendant, to wit:

a. Ordering the Defendant and all other person claiming rights under them
to remove the fence constructed thereon, vacate the premises of the land
in suit and peacefully surrender the possession and occupation to the
Plaintiff;

b. Ordering the Defendant to pay actual damages the amount of which shall
be proven during the hearing;

c. Ordering the Defendant to pay the Plaintiff the amount of FIFTY

THOUSAND (Php 50, 000.00) pesos as moral damages;

d. Ordering the Defendant to pay the Plaintiff the amount of FIFTY

THOUSAND (Php 50, 000.00) pesos as Attorney’s Fee and THREE
THOUSAND (Php 3,000.00) per court appearance;

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 e. To pay the costs of suit;

Plaintiff prays for other reliefs just and equitable under the premises.

Respectfully submitted.

Poblacion, Kabugao, Apayao. April 5, 2024.

RHEANEL DAYAG-ACORDA
Counsel for the Plaintiff
ABC Building, Malama, Conner, Apayao
Conner, Apayao
ROLL OF ATTORNEYS NO. 9898
IBP NO. 042195, 01/16/24
PTR NO.2334695, 01/16/24, Apayao
MCLE Compliance No. NEWLY ADMITTED AS MEMBER OF THE BAR

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Republic of the Philippines )
Conner, Apayao ) S. S.
x------------------------------------------------------x

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, ESTEBAN I. PATTING III, of legal age, single, Filipino citizen and presently
residing at Purok 5, Malama, Conner, Apayao, Philippines, after having been duly
sworn to in accordance with law depose and state THAT:

1. I caused the preparation and filing of the foregoing Complaint;

2. 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 at hand. This complaint is not being filed to
harass, cause unnecessary delay or needlessly increase the cost of
litigation. The factual allegation in the complaint has evidentiary
support or will likewise have evidentiary support after a reasonable
opportunity for discovery;

3. I have not commenced any other action or filed any claim involving the
same issue in any court, tribunal or quasi-judicial agency;

4. To the best of my knowledge, no such other claim or action is pending

before any court, tribunal or quasi-judicial agency;

5. That if I learn of any case involving the same issues, cause of action,
and parties, is pending on any court, administrative tribunals, or quasi-
judicial bodies, I will inform the Honorable Court of the said case within
five (5) calendar days from receipt thereof.

IN WITNESS WHEREOF, I have hereunto affixed my signature this April 5,

2024 at Malama, Conner, Apayao.

ESTEBAN I. PATTING III

Affiant

SUBSCRIBED AND SWORN to before me this April 5, 2024 in Malama,

Conner, Apayao by affiant who exhibited his PRC License with picture issued on
January 25, 2022.
ADRIAN E. FERNANDO
NOTARY PUBLIC
Unit 42, Malalilin Complex,
Doc. No. 8; Tuao, Cagayan
ROLL OF ATTORNEYS NO. 9898
Page No. 5; IBP NO. 042195, 01/16/24
Book No. 2; PTR NO.2334695, 01/16/24 Tug. City
MCLE Compliance No. 145275578
Series of 2024.

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