Ms. Jasmine, plaintiff Civil Case No. 2 Accompanied by his Attorney in fact, for: Trespassing Atty. Kenneth Raymundo
-versus-
ABC Corporation, Louie Vicente, Arnold Regala, Leonardo Capulo and Ivan Majus, Defendants x-----------------------------------------x
COMPLAINT COMES NOW, the plaintiff together with the undersigned counsel and unto this honorable court, most respectfully avers: 1. Plaintiff, JASMINE, is of legal age, Filipino citizen, single, with residence and postal address at Unit 316, A Bldg., MP Residences, Pasay City; 2. Defendant, ABC, is a domestic corporation, with residence and postal address at Pasay City, where it may be served with summons and other court processes; 3. By virtue of a contract to sell, the plaintiff bought from the defendant the aforesaid apartment for a consideration of PhP 46,439.03 a month as amortization to be paid for ten (10) years beginning April 15, 2007; 4. The plaintiff withheld the payment of the agreed rental for several months starting September 15, 2010 up to the present due to defendants failure to deliver CCT of parking space, and failure to issue official receipts beginning December 2009 to May 2010; 5. On April 11, 2012, despite the on-going communication between the parties, the plaintiff received a Notice of Cancellation/ Rescission demanding pay settlement of account within 30 days; 6. On June 27, 2012, plaintiffs unit, without her knowledge and permission, was forcibly opened by Attorney Louie Vicente, Security Guard Arnold Regala, Kagawad Leonardo Capulo and Barangay Tanod Ivan Majus to inventory items inside, and then subsequently padlocked the same on the account of her non-payment of amortization dues; 7. The plaintiff, through a phone call, confronted the Attorney Vicente about the incident but he claimed that the notice and demand letter is sufficient to institute the padlocking; 8. The defendants willfully and maliciously violated Article 281 of the Revised Penal Code when they entered onto the dwelling of the plaintiff without her consent; Art. 281. Other forms of trespass. The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall be imposed upon any person who shall enter the closed premises or the fenced estate of another, while either or them are uninhabited, if the prohibition to enter be manifest and the trespasser has not secured the permission of the owner or the caretaker thereof. 9. The effect of defendants conduct, as described in paragraph 8 of this complaint, has been humiliating to the plaintiff because it caused irreparable damage on her image as the Mutya ng Pilipinas Asia-Pacific 2000; 10. Had it not been for the improper locking, defendants conduct, as alleged in this complaint, would have deprived the plaintiff of the use of the property;
Wherefore, premises considered, plaintiff requests judgment against defendants as follows: 1. Defendants be enjoined, in absence of justifiable reasons, during the pendency of this action, and permanently thereafter, from instituting another unlawful padlocking and unauthorized trespass on the property of the plaintiff; 2. Moral damages for emotional distress amounting to PhP 500,000 or in an amount to be established by proof at trial; 3. Attorney fees in the amount of PhP 100,000; 4. Costs of suit; and 5. Any other and further relief that the court considers proper.
Affiants further say no more. Pasay City, August 1, 2014. RAYMUNDO LAW OFFICE Counsel for the Plaintiff 1261 Dos Castillas St. Sampaloc, Manila
By: Kenneth Raymundo Roll of Attorney No. 11111 IBP No. 11111/1-1-11/Manila PTR No. 11111/11-11-11/Manila
VERIFICATION AND CERTIFICATION
Republic of the Philippines) City of Manila ) S.S.
I, JASMINE, of legal age, Filipino citizen, single and resident of Unit 316, A Bldg., MP Residences, Pasay City, after being sworn according to law, hereby depose and say: 1. That I am the plaintiff in the above-entitled case; 2. That I have caused the preparation of the foregoing complaint and have read and understood the allegations contained therein; 3. The allegations in the said complaint 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 issues in any court, tribunal or quasi-judicial agency and, to the best of my knowledge, no such other action or claim is pending therein;
IN WITNESS WHEREOF, I have hereunto affixed my signature this 1 st of August 2014, in Pasay City.
JASMINE Complainant
SUBSCRIBED AND SWORN to before me this 1 st of August 2014, in Pasay City.
ATTY. Kenneth Raymundo Notary Public My Commission Expires Dec. 31, 2014 Roll of Attorney No. 11111 IBP No. 11111/1-1-11/Manila PTR No. 11111/11-11-11/Manila