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Republic of the Philippines


Mahayag, Dumingag and Josefina
Ninth Judicial Region
Mahayag, Zamboanga del Sur

Petitioner, CIVIL CASE NO. ____________

-versus- -for-

____________________ ____________________



PLAINTIFF, through the undersigned counsel, unto the Honorable Court, most
respectfully avers, that:

1. Sometime October 16, 2015, Plaintiff filed before the Honorable Court a
Complaint for Forcible Entry with Preliminary Injunction and Damages
against the herein defendants;

2. The then counsel of the plaintiff Atty. Fernando Cagoco Jr filed an Urgent
Motion for Issuance of Preliminary Mandatory Injunction, ratiocinating that
the entry of the defendants over the land of the plaintiff was illegal and
arbitrary which, if not prevented, would cause undue injury to the rights and
interest of the plaintiff;

3. After the motion was submitted for resolution, the Honorable Court rendered
a decision granting the motion, the dispositive portion of which provides:

This being so, the court believed that plaintiff is entitled to the
Mandatory Preliminary Injunction. Since the evidenced showed that she
anchored her right on an older document which is the Deed of Donation
dated February 9, 2009 while the Defendants on the document which
purportedly revokes it dated February 18, 2015.

Considering that the plaintiff has showed sufficient reasons alleged in the
complaint and the affidavit of plaintiff as well as the evidence presented
during the hearing of this case that a Writ of Preliminary of Injunction
should issue, the plaintiff is hereby required to post a bond as required by
law in the sum of TWENTY THOUSAND (P20,000.00) PESOS, Philippine
Currency for approval of the court within five (5) days from receipt


4. In compliance with the order of the Honorable Court, plaintiff posted the
required bond. Thereafter, the Honorable Court issued the Order of
Preliminary Injunction, the dispositive portion of which states:

WHEREFORE, in view of the compliance of the above-mentioned order

let a Writ of Preliminary Injunction be issued in favor of the Plaintiff, to
answer for whatever damages the respondents may suffer should
plaintiff be adjudged not entitled to the injunctive relief herein granted.

Enjoining the defendants and any other person acting in their behalf to
cease and desist from any acts of possession of the subject land until the
issue of possession is fully resolved by the court.


5. Few days after the issuance of the said order, plaintiff learned that defendants
pretended to have withdrawn their possession over the land, and made it
appear that it was their weak mother who actually occupied and tilled the
land; That the workers tilling the land were actually paid and were under the
supervision of their weak mother; But in truth and in fact, it was really the
defendants who supervised the plowing and planting of the crops grown on
the land;

6. Just recently, defendants were able to harvest thirty six (36) sacks of palay
from the subject land; That the act of the defendants was an utter disregard of
the Order of the Honorable Court, directing them and any other person acting
in their behalf to cease and desist from any acts of possession pending
resolution of the instant case. Just recently, they again prepared the subject
land for the next cropping. To substantiate our claim, we are attaching
herewith the Affidavit of Leonardo Y. Udtohan and marked as Annex A;

7. Plaintiff, through counsel, most respectfully prays that defendants and all
other person acting in their behalf be cited in indirect contempt for unlawfully
and arbitrarily tilling, plowing and planting the subject land in utter disregard
of the Order of the Honorable Court;
WHEREFORE, above premises considered, it is respectfully prayed that
defendants and all other persons acting in their behalf be cited in contempt for
disobeying the Order of the Honorable Court dated March 30, 2016.

OTHER reliefs just and equitable are likewise prayed for.

Respectfully submitted this 5th day of November 2016 at Pagadian City,


ATTY. _________________
Counsel for the Plaintiff
Provincial Capitol Complex,
Pagadian City
Attorneys Roll No. _______
IBP No. _____________
PTR No. ________________
Issued at Pagadian City
Admitted to the Bar 06/17/ 2016
MCLE EXEMPT (Under Bar Matter 850)



Republic of the Philippines )

In the City of Pagadian ) S.S.

I, ________________, Filipino, of legal age, married, and a resident of

_________________, after having been sworn to in accordance with law, hereby depose and
state, that:

1. I am the Petitioner in the above-entitled case;

2. I have caused the preparation of the foregoing Petition;

3. I have read all the allegations contained therein and I hereby certify that the same are
true and correct based on my personal knowledge and on authentic records;

4. I have not commenced any action with the same or similar issues as in this case before
the Supreme Court, the Court Appeals, or any branch or division thereof, or before any
other Court, agency, office or tribunal nor such action is pending before the same Courts,
agency, office or tribunal. That if I learn of the filing or pendency of any such action
before the Supreme Court, the Court of Appeals or any other Court, agency, office or
tribunal, I undertake to inform this Honorable Court within a period of five (5) days
from my knowledge or notice thereof;


TO THE TRUTH OF THE FOREGOING, I have hereunto set my hand this ___ day
of May 2017 at ___________, Philippines.



SUBSCRIBED AND SWORN TO before me this __ day of May 2017, at

_________________, Philippines, affiant having personally appeared before me and to me
personally known to be the very same persons to have executed this Verification.