Republic of the Philippines

Regional Trial Court

Branch ___
11 Judicial Region
th

____________

AAA CIVIL CASE NO.: _______

Represented by

BBB FOR: RECOVERY OF

Complainant, POSSESSION, DAMAGES
WITH PRAYER FOR WRIT OF
PRELIMINARY INJUNCTION.
-versus-

JOHN DOES,
JANE DOES
Respondents.
X-----------------------------------------------x

COMPLAINT

Complainant, assisted by undersigned counsel and unto this

Honorable Court respectfully submits this complaint and state that:

THE PARTIES

1. Complainant is of legal age, Filipino citizen, married and with

residence of -____________________________;

2. She is represented by BBB, likewise of legal age, single, Filipino and

resident of the same address; Copy of the Special Power of Attorney
is hereto attached as Annex “A”;

3. For purposes of service of summons, orders, notices and other court

processes, complainant can be served at the aforementioned
address and the counsel’s address herein stated below;

4. Respondents are of legal age, Filipinos and for purposes of

summons, orders, notices and other court processes, can be served
at _______________;

5. Both parties have the capacity to sue and be sued;

FACTS
6. Complainant is the registered owner of a parcel of land with an area
of NINE HUNDRED EIGHT (908) SQUARE METERS covered under
Title No. __________ located at __________; Machine copy of TCT No.
______is hereto attached as Annex “B”;

7. Said property was acquired by complainant from the Philippine

National Bank (PNB for brevity) way back in year 2006; Copy of the
Deed of Absolute Sale is hereto attached as Annex “C”;

8. Complainant acquired said property from the PNB who in turn

acquired it by virtue of public auction sale when it was foreclosed
from the former owner,WW Corp.;

9. From the time of the sale between herein complainant and the PNB,
complainant was unable to take possession and enjoy said property;
WW Corp. filed for the declaration of nullity of the sale made to PNB
(together with another property sold to a different person) but the
same was ordered as valid by virtue of the Order of the Regional
Trial Court, Branch ___ dated __________; Machine copy of the Order is
hereto attached as Annex “D”;

10. At the outset, complainant attempted to take possession and enjoy

of the said property by attempting to construct a building thereon
for purposes of return of investment, but she was barred by the fact
that WW Corp, installed individuals in the said property while filing
a case for the declaration of nullity of sale of said property against
PNB and its buyers;

CAUSE OF ACTION

11. It has been more than a decade since complainant departed with
her hard-earned money for its acquisition yet complainant was
unable to enjoy said property since occupants therein refused to
vacate;

12. Defendants were among the individuals installed by WW Corp in the

subject property and who continue to stay within the premises
despite knowing that ownership had been validly conveyed to and
acquired by complainant;

13. Several demands were made for them to peacefully vacate the
property however, the efforts of herein complainant were proven
futile;

14. A final demand letter was sent to them wherein demand to vacate
was made with further demand of rental of Php5,000.00/month
should they fail and refuse to heed said demand; the same was

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 received on ________; machine copy of the received letter is hereto
attached as Annex “E”;

15. Up to this date, the defendants continue to occupy the premises of

the property and bars complainant to enter the premises for
purposes of possession and exercise of ownership to the damage
and prejudice of herein complainant ;

16. Defendants are the ones enjoying the property while complainant is
the one burdened with paying the taxes due from said property from
the time she bought the property from the PNB up to present;
receipts of the property taxes are hereto attached as Annexes
“______”;

17. With this, complainant was unable and is unable to reap fruits of her
investments hence, she is entitled to damages;

18. Further, she was constrained to seek services of counsel thereby

causing her to incur Php30,000.00 as fee;

19. If defendants be allowed to continue said acts and continue to

occupy the premises, the rights of complainant will likewise
continue to be transgressed and violated hence, a prayer for
preliminary mandatory injunction is prayed for;

20. Complainant is willing and able to post bond in the amount that may
be required by this Honorable Court;

PRAYER

WHEREFORE, premises considered, it is respectfully prayed

before this Honorable Court that, an Order for Writ of Preliminary
Mandatory Injunction against defendants be issued while the case is
pending; after due hearing/trial, an Order be issued:

A.) Ordering defendants to permanently vacate the property and

convey possession thereof to herein complainant;

B.Ordering defendants to pay for the rentals in the amount of

Php5,000.00 per month from 2006 up to the time they vacate the
property;

C.Ordering the defendants to pay complainant the amount of

Php30,000 for attorney’s fees;

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 D. Ordering defendants to pay complainant the amount of
Php500,000.00 as damages

Other reliefs just and equitable are likewise prayed for.

_________________, Philippines, ______________.

BOOMING and BLOOMING LAW OFFICES

Counsel for Complainant
123 Makadatu Unta Diring Lugara, St. Wadab

By

ATTY. MADAMDAMIN BLOOMING

Copy furnished:

John Does
Jane Does