Complaint Raymundo

Republic of the Philippines
Municipal Trial Court

Pasay City
Branch 1

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

Doc. No. 1
Page No. 1
Book No. 1
Series of 2014.

Complaint Raymundo

Uploaded by

Copyright:

Available Formats

Complaint Raymundo

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Complaint Raymundo

Uploaded by

Copyright:

Available Formats

Republic of the Philippines

Municipal Trial Court

You might also like