REPUBLIC OF THE PHILIPPINES
MUNICIPAL TRIAL COURT
LAOAG CITY
JOHN DOE
Plaintiff
CIVIL CASE NO. 12345
-versus- FOR: FORCIBLE ENTRY
JOE DOE
Defendant
COMPLAINT
PLAINTIFF, through the undersigned counsel, and unto this Honorable Court, most
respectfully alleges that:
1. Plaintiff John Doe, is of legal age, Filipino, residing at Barangay 1, Laoag City
where he may be served with notices and other court processes;
2. Defendant Joe Doe, is of legal age, Filipino, residing at Barangay 1, Laoag City
where he may be served with notices and other court processes;
3. Plaintiff, by virtue of Deed of Absolute Sale, obtained ownership of a parcel of
land from the original owner, Jahpee Stone. A copy of the Deed of Sale is hereto
attached as Annex “A”;
4. The parcel of land is situated at Barangay 1, Laoag City, Ilocos Norte, covered by
Transfer Certificate Title No. 12345 issued by the Register of Deeds of Ilocos
Norte. A copy of the TCT No. 12345 is hereto attached as Annex “B”;
5. Herein Defendant, through stealth and strategy, occupied the parcel of land in
question and refuses to vacate the same despite repeated oral and written
demands. A copy of the written demand is hereto attached as Annex “C”;
6. The same acts of the Defendant compelled Plaintiff to incur damages consisting
of Attorney’s Fees in the amount of Twenty-Five Thousand Pesos (P25,000), and
filing fee and other expenses to be incurred in attending the hearings of this case
in the amount of Fifteen Thousand Pesos (P15,000)
7. This action is governed by the Rules on Summary Procedure.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court,
that, after the proceedings, judgment be rendered in favor of the Plaintiff and ordering
the Defendant all persons claiming right under him to:
1. Permanently VACATE the premises in question and give the immediate right of
possession to the Plaintiff;
2. Pay Plaintiff the amount of Twenty-five Thousand Pesos (P25,000.00) by way of
attorney’s fees and Fifteen Thousand Pesos (P15,000.00), by way of other
litigation expenses; and,
3. Pay the cost of this suit.
Other reliefs just and equitable under the premises are likewise prayed for.
IN WITNESS WHEREOF, I have hereunto set my hand on this 1st day of March, 2025 at
Laoag City Ilocos Norte.
___________________________
Counsel for Plaintiff
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
REPUBLIC OF THE PHILIPPINES
PROVINCE OF ILOCOS NORTE
CITY OF LAOAG
I, John Doe, of legal age, after having been duly sworn in accordance with law, depose
and state that:
1. I am the Plaintiff in the above captioned case and have caused the preparation of
the foregoing complaint;
2. I have read the contents thereof and the facts stated therein are true and correct
of my personal knowledge or based on authentic records;
3. I have not commenced any other action or proceeding involving the same issues
in the Supreme Court, Court of Appeals, or any other tribunal or agency;
4. To the best of my knowledge and belief, no such action or proceeding is pending
in the Supreme Court, Court of Appeals, or any other tribunal or agency;
5. If I should thereafter learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, Court of Appeals, or any other tribunal or
agency, I undertake to report that fact within five (5) days therefrom to this
Honorable Court.
IN WITNESS WHEREOF, I have hereunto set my hand on this 1st day of March,
2025 at Laoag City, Ilocos Norte.
JOHN DOE
Affiant
SUBSCRIBED AND SWORN to before me this 1st day of March, 2025, in the City of
Laoag, affiant exhibiting to me his Passport ID NO. 12345
___________________________
Counsel for Plaintiff
REPUBLIC OF THE PHILIPPINES
MUNICIPAL TRIAL COURT
LAOAG CITY
JOHN DOE
Plaintiff
CIVIL CASE NO. 12345
-versus- FOR: FORCIBLE ENTRY
JOE DOE
Defendant
ANSWER
COMES NOW DEFENDANT JOE DOE, by counsel and unto this Honorable
Court, respectfully states and avers that:
1. Defendant admits to the allegations contained in paragraphs 1 and 2 of the
Complaint
2. Defendant strongly denies the allegations contained in paragraph 5 of the
Complaint. Defendant and Plaintiff entered into a lease agreement whereby the
Plaintiff agreed to rent out their house for a period of one (1) year starting in 1 st
September 2024. The amount paid by the Defendant was P120,000 for the whole
year and a security deposit amounting to P20,000. A copy of the
acknowledgment letter is attached as Annex “1”
3. Plaintiff was not in possession of the subject property before the Defendant
occupied the same. The Supreme Court held in the following cases, to wit:
“Accordingly, in forcible entry, the plaintiff must allege the complaint and
prove that he was in prior physical possession of the property in litigation
until he was deprived thereof by the Defendant, but in unlawful detainer,
the plaintiff need not have prior physical possession of the property
(Demamay vs. CA, 186 SCRA 608, 612 (1990)) or elsewise stated, prior
physical possession is not an indispensable requirement in an unlawful
detainer case. (Pangilinan vs Aguilar, 43 SCRA 136, 144 (1972))”
4. Considering the Defendant has paid rentals in advance and the security deposit,
Plaintiff has no right to evict the former;
5. Defendant experienced harassment causing sleepless nights. In this regard, the
Plaintiff should be made liable to pay moral damages amounting to P30,000.
6. In instituting this unwarranted and clearly unfounded suit against the Defendant,
Plaintiff had acted in a wanton, fraudulent, reckless and malevolent manner and,
by way of example or correction for the public good, Plaintiff should be made
liable to pay Defendant exemplary damages in the amount of P100,000
7. As a further consequence of the malicious and wrongful filing of the present
action, Defendant was constrained to hire the services of counsel for a legal fee
of P50,000 plus P2,000 per court appearance, and to incur expenses of litigation
for which the plaintiff should be made to pay.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendant respectfully prays to this
Honorable Court to:
a) Compel the Plaintiff to honor the lease agreement
b) In the alternative, to order the Plaintiff to return the unused advance rental paid
amounting to P60,000 and the security deposit amounting to P20,000
c) Award moral damages amounting to P30,000
d) Award exemplary damages amounting to P100,000
e) Award attorney’s fee amounting to P70,000
f) Cost of suit
Defendant prays for such other reliefs, just and equitable under the circumstances.
IN WITNESS WHEREOF, I have hereunto set my hand on this 1st day of March, 2025 at
Laoag City Ilocos Norte.
___________________________
Counsel for Defendant
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
REPUBLIC OF THE PHILIPPINES
PROVINCE OF ILOCOS NORTE
CITY OF LAOAG
I, Joe Doe, of legal age, after having been duly sworn in accordance with law, depose
and state that:
1. I am the Defendant in the above captioned case and have caused the
preparation of the foregoing answer;
2. I have read the contents thereof and the facts stated therein are true and correct
of my personal knowledge or based on authentic records;
3. I have not commenced any other action or proceeding involving the same issues
in the Supreme Court, Court of Appeals, or any other tribunal or agency;
4. To the best of my knowledge and belief, no such action or proceeding is pending
in the Supreme Court, Court of Appeals, or any other tribunal or agency;
5. If I should thereafter learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, Court of Appeals, or any other tribunal or
agency, I undertake to report that fact within five (5) days therefrom to this
Honorable Court.
IN WITNESS WHEREOF, I have hereunto set my hand on this 1st day of March,
2025 at Laoag City, Ilocos Norte.
JOE DOE
Affiant
SUBSCRIBED AND SWORN to before me this 1st day of March, 2025, in the City of
Laoag, affiant exhibiting to me his Passport ID NO. 12345
___________________________
Counsel for Plaintiff
REPUBLIC OF THE PHILIPPINES
MUNICIPAL TRIAL COURT
LAOAG CITY
JOHN DOE
Plaintiff
CIVIL CASE NO. 12345
-versus- FOR: FORCIBLE ENTRY
JOE DOE
Defendant
PRELIMINARY CONFERENCE BRIEF
Plantiff, John Doe, duly represented by counsel, respectfully submit this
Preliminary Conference Brief:
BRIEF STATEMENT OF THE CASE
The Plaintiff, John Doe, obtained ownership of a parcel of land from the original
owner, Jahpee Stone. The parcel of land is situated at Barangay 1, Laoag City,
Ilocos Norte, covered by Transfer Certificate Title No. 12345 issued by the
Register of Deeds of Ilocos Norte.
The Defendant, Joe Doe, through stealth and strategy, occupied the parcel of
land in question and refuses to vacate the same despite repeated oral and
written demands.
STATEMENT OF WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT
Plaintiff is willing to enter into an amicable settlement with the
Defendant, for as long as the terms and conditions thereof are acceptable to the
Plaintiff, and in keeping with the basic principles of good human relations.
PROPOSED STIPULATION OF FACTS
That the Defendant, through stealth and strategy, occupied the parcel of land in
question and refuses to vacate the same despite repeated oral and written
demands.
STATEMENT OF ISSUES
Plaintiff put forth the following issues for determination by the Honorable Court:
1.Whether or not Plaintiff is entitled the immediate right of possession parcel of
land in question;
2.Whether or not Plaintiff is entitled to damages and reimbursement of attorney’s
fees and litigation expenses as claimed and stated in the Complaint.
DOCUMENTARY EVIDENCE
Plaintiff intend to present the following documentary evidence, copies of which
are already attached to the Complaint, filed with this Honorable Court and served
upon the defendant:
1. A copy of the Deed of Sale is hereto attached as Annex “A”
2. A copy of the TCT No. 12345 is hereto attached as Annex “B”;
3. A copy of the written demand is hereto attached as Annex “C”;
RESPECTFULLY SUBMITTED.
Laoag City, Ilocos Norte
1st March, 2025
_________________________
Counsel for Plaintiff
REPUBLIC OF THE PHILIPPINES
MUNICIPAL TRIAL COURT
LAOAG CITY
JOHN DOE
Plaintiff
CIVIL CASE NO. 12345
-versus- FOR: FORCIBLE ENTRY
JOE DOE
Defendant
PRELIMINARY CONFERENCE BRIEF
Defendant, Joe Doe, duly represented by counsel, respectfully submit this
Preliminary Conference Brief:
BRIEF STATEMENT OF THE CASE
Defendant and Plaintiff entered into a lease agreement whereby the Plaintiff
agreed to rent out their house for a period of one (1) year starting in 1 st
September 2024. The amount paid by the Defendant was P120,000 for the whole
year and a security deposit amounting to P20,000.
Plaintiff was not in possession of the subject property before the Defendant
occupied the same.
Defendant experienced harassment causing sleepless nights due to repeated
oral and written demands.
STATEMENT OF WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT
Defendant is willing to enter into an amicable settlement with the
Plaintiff, for as long as the terms and conditions thereof are acceptable to the
Defendant, and in keeping with the basic principles of good human relations.
PROPOSED STIPULATION OF FACTS
That the Plaintiff agreed to lease the parcel of land in question to the Defendant
and Plaintiff was not in possession of the subject property before the Defendant
occupied the same.
STATEMENT OF ISSUES
Defendant put forth the following issues for determination by the Honorable
Court:
1. Whether or not the plaintiff had prior physical and actual possession of the
subject lot.
2. Whether or not plaintiff was unlawfully deprived of the subject lot through
force, intimidation, strategy, threat or stealth.
3. Whether or not defendant is entitled to moral and exemplary damages and
reimbursement of attorney’s fees and litigation expenses.
DOCUMENTARY EVIDENCE
Defendant intend to present the following documentary evidence, copies of which
are already attached to the Answer, filed with this Honorable Court and served
upon the Plaintiff:
1. A copy of the acknowledgment letter of the lease agreement entered
into
RESPECTFULLY SUBMITTED.
Laoag City, Ilocos Norte
1st March, 2025
_________________________
Counsel for Defendant
