Republic of the Philippines
REGIONAL TRIAL COURT
6TH JUDICIAL REGION, Branch ____
Himamaylan City, Negros Occidental
-o0o-
ROSALIE SANTIAGO,
Plaintiff, CIVIL CASE NO. _____
-versus-
FOR:
“Injunction with prayer for Issuance
of Temporary Restraining Order
and/or Preliminary Mandatory
Injunction, and Damages”
Binalbagan Isabela
Sugar Company (BISCOM)
Represented by its General Manager
Atty. Alfonso Chiu and
RONNABEL FERNANDEZ,
Respondents.
x----------------------------------------------x
PETITION
COMES NOW, Petitioner by the undersigned counsel, to this
Honorable Court, most respectfully state:
PREFATORY STATEMENT
This is an action to ejoin BSICOM from issuing or releasing any
quedan in favor of private defendant or any of her representatives,
covering sugarcanes coming from Brgy. Buenavista, Himamaylan
City, brought in by the truck with plate number LME993 for the period
of February 17, 2017 as well as all subsequent sugarcanes from
subject property in Brgy. Buenavista, Himamaylan City, to be brought
by said truck or trucks, the sugar cane therein being owned by
Plaintiff;
1. Petitioner Rosalie Santiago, is of legal age, married to
_______________ and a resident of ________________;
2. Defendants Binalbagan Isabela Sugar Company (BISCOM)
is a corporate entity registered under Philippine Laws with
office address at Brgy. San Vicente, Binalbagan, Negros
Occidental, where summons maybe served;
It is represented by its General Manager Atty. Alfonso Chiu.
3. Respondent, RONNABEL FERNANDEZ, is of legal age, and a
resident of _______________________ where summons maybe
served.
FACTS
4. Plaintiff is the daughter of ARIEL SANTIAGO married to
ROSALINDA BAQUILLA. Her parents are CLOA Holder, being
a qualified Agrarian Beneficiaries of a certain lot located at
Brgy. Buenavista, Himamaylan City, Negros Occidental and
covered by TCT CLOA-3037, a copy of which is hereto
attached as ANNEX “A”;
5. Previously, the subject lot was possessed by Silvestre Ariston,
however, on MARCH, 25, 2016, Plaintiff entered a
Kasugtanan with the former, wherein Silvestre Ariston turned
over the possession to Rosalie Santiago;
6. From then on, Plaintiff planted sugarcanes on the subject
property with an area of ___________________ and covered
by TCT No. 3037;
7. That the Plaintiff was able to harvest the same last
____________ as shown on __________ hereto attached as
ANNEX “B”;
8. That after the first harvest, she continued to cultivate the
“supo”. She applied fertilizer therein and took care of it until
becomes ripe for harvest. A copy of receipt of fertilizers and
other expenses for cultivation are hereto attaches as
ANNEX “C”;
9. That sometime on February 13, 2017, certain persons
Rodrigo Medez and Susan Medez, without her knowledge
or consent of the herein Plaintiff, forcibly and illegally
entered the property and cut the sugarcane;
10. That Rodrigo Medez and Susan Medez now claimed
ownership of standing canes and brought it to BISCOM
Report is hereto attached as ANNEX “D”;
11. That there is an imminent and real treat that Plaintiffs crop
will be unjustly obtained by defendant Ronnabel
Fernandez, if quedans covering canes coming from the
subject property of herein Plaintiff will be issued and/or
released by Defendants BISCOM in her favor;
12. That Plaintiff is entitled to injunctive relief, the whole or part
of which consist in restraining defendant BISCOM from
issuing and/or releasing the pertinent quedans covering
canes owned by herein Plaintiffs, to said Defendant.
Attached is as Affidavit of Merit of Plaintiff as ANNEX “E”;
13. That The issuance of the quedans covering said date,
February 13, 2017 in favor of Defendant Ronnabel
Fernandez would most probably work injustice o Plaintiff
as this would deprive her of her property and prejudice
her livelihood which be surely greatly be affected. Such as
it is violation of the proprietory rights of the Plaintiff which
respect to the subjectof this action, and it not temporarily
enjoined, will render the judgment herein ineffectual;
14. The Plaintiff is ready, willing and able to put up a bond in
the amount to be fixed by the Court to answer for all
damage to defendants, or to any person, by reason of an
injunctive or temporary restraining order or temporary
mandatory order;
15. That the by reason of this clearly malicious act by
Defendant Ronnabel Fernandez, plaintiff suffered graved
humiliation which should entitled then to moral damage of
at least One Hundred Thousand Pesos (P 100,000.00);
16. That in order to give a lesson to citizen, not to disregard
the law, an exemplary damages of at least One Hundred
Thousand Pesos (P 100, 000.00) is also being prayed against
said private defendants;
17. That because of Defendant Ronnabel Fernandez
maliuciopu7s acts, Plaintiff is constrained to obtain the
services of counsel in the amount of ONE HUNDRED
THOUSAND PESOS (P100, 000.00) plus ______________;
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed
of this Honorable Court that before hearing:
1. A temporary restraining order (TRO) good for seventy two
(720 hours be issued IMMEDIATELY enjoining defendant
BISCOM from issuing or releasing pertinent quedansw to
defendant Ronnabel Fernandez or any of her representative,
covering canes coming from Brgy. Buenavista, Himamaylan
City, from the property of her Plaintiff, fore the period
February 213, 2017 as brought in by truck No. LME993 or other
trucks;
2. That summary hearing be made and thereafter, a TRO be
issued for twenty (20) days; on quedans covering canes from
Brgy. Buenavista, Himamaylan City, Negros Occidental, on
said date as well as subsequent dates;
3. For the temporary retraining ordered be made permanent
and a preliminary injunction and/or preliminary mandatory
injunction be issued;
4. For the defendant Ronnabel Fernandez to be liable for moral
damages of P 100, 000.00;
5. For the defendant Ronnabel Fernandez to be liable for
exemplary damages of P 100, 000.00;
6. For the defendant Ronnabel Fernandez to pay attorney;s fee
of Fifty thousand pesos (50, 000.00); and
7. For the defendant Ronnabel Fernandez to pay cost of suit.
Other reliefs deemed just and equitable in the premises are
likewise prayed for.
Aguisan, Himamaylan City. February 21, 2017.
SUBALDO and SUBALDO LAW OFFICE
Counsel for the Accused Palacios
Aguisan, Himamaylan City, Negros Occidental
by:
CLODUALDO E. SUBALDO JR.
ROLL NO. 60199
PTR NO. 0054599 1/3/17 – HIM. CITY
IBP NO. 1069341 1/23/17 – BACOLOD CITY
MCLE NO. V-0001478
VERIFICATION/CERTIFICATION
AS TO NON-FORUM SHOPPING
I, ROSALIE SANTIAGO, Filipino, of legal age, and a resident of
Himamaylan City, Negros Occidental, after having been duly sworn
in accordance with law, depose and say:
1. I am the Petitioner in the above-entitled case;
2. I have caused the preparation of the foregoing petition;
3. I have read and understood the contents of the same and
that the allegations stated therein are true and correct to
the best of my personal knowledge and based on the
authentic records;
4. That hereby certify that at the time of the filing of this Petiton,
I have not commenced any other action involving the same
issues in the Supreme Court, the Court of Appeals, or any
other tribunal or agency; that to the best of my knowledge,
no such action is pending or was terminated in the Supreme
Court, similar action has been filed or is pending in the
Supreme Court, the Court of Appeals, or any other tribunal
or agency wherein the original pleading and sworn
certification has been filed.
IN WITNESS WHEREOF, I have hereunto affixed my signature this
_____ day of February, 2017 at Himamaylan City, Negros Occidental,
Philippines.
ROSALIE SANTIAGO
Affiant
SUBSCRIBED AND SWORN to before me this ____ day of
February 2017 at Himamaylan City, Negros Occidental. Affiant
exhibited to me her ______________ I.D. No. ____________ as
competent proof of her identity the same person who personally
signed the foregoing Verification before me and acknowledge that
he executed the same.
