Republic of the Philippines

SUPREME COURT
Eighth (8th) Judicial Region
Municipal Trial Court in Cities
Arao City 92345

NARUTO UZOMAKI, Civil Case No.: 122018

Plaintiff,
For: EJECTMENT (UNLAWFUL
-versus- DETAINER) UNDER RULE 70
OF THE RULES OF COURT
MADARA UCHIHA,
Defendant.
x-------------------------------------------x

COMPLAINT
COMES NOW, the Plaintiff, thru the undersigned counsel unto this
Honorable Court, most respectfully alleges that:

1. Plaintiff is NARUTO UZOMAKI, Filipino, of legal age, single, and

a resident of Mobyuko St., Hidden Leaf Village, Arao City;

2. Plaintiff may be served with the notices, orders, summonses, and

other court processes of the Honorable Court at his given address or
at the address of the undersigned counsel at:

Netflix and Chill Law Offices

Vongola Bldg., Millefiore Street
Arao City, Samar

3. The defendant, MADARA UCHIHA, Filipino, of legal age, single,

and a resident of Biglangliko St., Brgy. Hokage, Arao City. He may
be served with summonses and other legal processes at his address;

4. Parties have the capacity to sue and be sued;

THE ANTECEDENT FACTS OF THE CASE

5. Plaintiff is the owner of LOT NO. 165845 located at Mobyuko St.,

Hidden Leaf Village, Arao City with an area of 500 square meters, as
covered by TCT No. 11-111 with Tax Declaration No. 2019-07-0012,
which is more particularly described as follows:
 “A parcel of land designated as Lot 165845, Case 2, Cad. 401
TIE LINE: S. 41-11 E., 1, 234.12 m. from BLIM #1, 401, Arao
Cadastre to corner 1 lot; thence-

LINES BEARINGS DISTANCE

1-2 S. 22-55 E., 30.87 M.
2-3 S. 67-52 W., 22.51 M.
3-4 N. 21-11 W., 23.42 M.”

6. The subject property is an agricultural land having plants such as

banana, mango, coconut, among others;

7. On December 20, 2001, plaintiff acquired the above-mentioned

property by way of Deed of Absolute Sale;

8. Since purchasing the above-mentioned parcel of land, the Plaintiff

has been religiously paying all taxes relative and pertaining thereto;

9. On January 1, 2010, the plaintiff to this case came up with a Lease

Contract Agreement valid for 5 years with herein defendant for the
latter’s piggery business;

10. On the other hand, on January 3, 2015, during which the Contract of
Lease entered into by the parties has already expired, herein defendant
MADARA UCHIHA continued occupying a portion of said property
for his piggery business without the prior consent of the owner;

11. On February 28, 2015, the plaintiff, made an oral demand to the
defendant to VACATE from said property since the Contract of Lease
was no longer effective but the same was unheeded by the defendant;

12. On June 12, 2015, the plaintiff through his counsel, sent a FORMAL
DEMAND to the defendant for him to VACATE the premises of the
property;

13. On June 30, 2015, the same DEMAND was received by herein
defendant, as shown in a document tracing the DELIVERY
TRANSACTION by private courier, LBC;

14. Despite written and oral demands, herein defendant REMAIN IN

POSSESSION of the property, depriving the plaintiff of the
enjoyment thereof;
 PLAINTIFF’S CAUSE OF ACTION

15. Defendant, by remaining in possession of the property despite

repeated demands for him to vacate, have been able to keep
themselves in unlawful possession of a piece of plaintiff’s property
since January 3, 2015;

16. Because of defendant’s encroachment into plaintiff’s property,

plaintiff is left with no other choice than to enforce his rights through
the institution of the instant case, hereby citing Section 1, Rule 70 of
the Rules of Court which provides that:

“Section 1. Who may institute proceedings, and when. –

Subject to the provisions of the next succeeding section, a
person deprived of the possession of any land or building
by force, intimidation, threat, strategy, or stealth, or a
lessor, vendor, vendee, or other person against whom the
possession of any land or building is unlawfully
withheld after the expiration or termination of the right
to hold possession, by virtue of any contract, express or
implied, or the legal representatives or assigns of any
lessor, vendor, vendee, or other person, may, at any time
within one (1) year after such unlawful deprivation or
withholding of possession, bring an action in the proper
Municipal Trial Court against the person or persons
unlawfully withholding or depriving of possession, or any
person or persons claiming under them, for the restitution
of such possession, together with damages and costs.”

17. The instant case is being filed within the one (1) year prescriptive
period from the date of the last demand to vacate;

18. The instant case has undergone Barangay Conciliation as mandated

by Section 408 of the Local Government Code and has been issued a
CERTIFICATE TO FILE ACTION by the Barangay;

19. Due to defendant’s unlawful acts, plaintiff was forced to engage the
services of the undersigned counsel for the filing of the instant case for
a retainer’s fee of PHP 25, 000.00 and PHP 5, 000.00 per appearance;

20. By reason of the filing of the instance case, plaintiff would be

compelled to pay for the docket for thereof and would likely spend
another PHP 10, 000.00 as litigation expenses;
21. Because of defendant’s unlawful acts, plaintiff suffered sleepless nights
and anxiety which if quantified would amount to PHP 50, 000.00;

22. Due to defendant’s refusal to vacate the property and to restore

possession thereof to plaintiff, the latter was deprived of the useful
benefits and fruits of his property which if quantified would amount
to PHP 100, 000.00;

23. To make an example to the public to refrain others from engaging in

the same conduct and unlawful acts, the defendant should be made to
pay exemplary damages in the amount of PHP 50, 000;

24. Thus, plaintiff prays that upon due hearing and consideration that the
instant case be given due course and defendant be ordered to restore
possession of the subject property to plaintiff’s possession
 PRAYER

WHEREFORE, FOREGOING PREMISES CONSIDERED, it is most

respectfully prayed for that the instant complaint be GIVEN DUE COURSE
and upon due notice and hearing of the parties, that a Decision be rendered in
favor of the plaintiff ordering defendant:

1. To vacate and to restore to the plaintiff the possession of the portion

of the parcel of land owned by plaintiff which is being unlawfully
withheld by the defendant;

2. To remove any improvements which he may have introduced into

the portion of parcel of land owned by plaintiff, without cost on the
part of the plaintiff;

3. To pay the plaintiff the amount of:

a. PHP 25, 000, representing the undersigned counsel’s

retainer’s fees and PHP 5, 000.00 per appearance;

b. The cost of the suit plus PHP 10, 000.00 as litigation

expenses;

c. Moral damages in the amount of PHP 50, 000.00 and

exemplary damages in the amount of PHP 50, 000.00;
d. PHP 100, 000.00 representing lost income, benefits, and
fruits from the property;

Other reliefs just and equitable under the premises are likewise prayed for.
Arao City; October 20, 2015.

ATTY. PRIMO VONGOLA

Counsel for the Plaintiff
Netflix and Chill Law Offices
Vongola Bldg., Millefiore Street, Arao City
Attys. Roll No. 999999/May 29, 1990
IBP OR No. 1234567/06/03/90/ Arao City
PTR No. 1212121/01/03/15/ Arao City
MCLE Compliance No. V-0009922, 12-12-2014
Phone No.: 0920931122
Email: badassatty4layp@yahoo.com
 VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING

I, NARUTO UZOMAKI, of legal age, Filipino, and resident of

Mobyuko St., Hidden Leaf Village, Arao City, after being sworn in
accordance with law, hereby state that:

1. I, the plaintiff in the above-titled case, have caused the

preparation of the foregoing complaint;

2. I have read the contents and the allegations contained therein and
the facts stated therein are true and correct of my personal
knowledge and based on copies of documents and records in my
possession;

3. To the best of my knowledge, no such action or proceeding is

pending in the Supreme Court, the Court of Appeals, or any other
tribunal or agency; and

4. Should I thereafter learn that a similar action or proceeding has

been filed or is pending before the Supreme Court, the Court of
Appeals, or any other tribunal or agency, I undertake to report
that fact and the status of the same within five (5) days therefrom
to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

day, 20 October 2015, in Arao City, Philippines.

NARUTO UZOMAKI
Affiant
Driver’s License No. Z01-10-121990

SUBSCRIBED & SWORN to before me this day, 20 October 2015,

in Arao City, Philippines, affiant showing to me his respective competent
proofs of identity, and swore to me that he has fully understood the contents
of the foregoing instrument and that the same is his free and voluntary act and
deed. Witness my hand and seal.

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of: 2015