Republic of the Philippines

REGIONAL TRIAL COURT

12th Judicial Region
Branch __________
City of Tacurong, Sultan Kudarat

MACARIO PARCON, JR. CIVIL CASE NO. ________

Plaintiff,

- versus - -for–

ALICIA GARCIA and INJUNCTION, DAMAGES AND

VINCENT GARCIA, AND ATTORNEY’S FEES
THE DEPARTMENT OF
PUBLIC WORKS AND
HIGHWAYS (DPWH),
ISULAN, SUL. KUDARAT
Defendants.
X-------------------X

COMPLAINT
(with Prayer for Writ of Preliminary Prohibitory Injunction and
Writ of Preliminary Mandatory Injunction)

PLAINTIFF, through the undersigned counsel, to the Honorable Court,

respectfully avers:

1. Plaintiff is a Filipino, of legal age, married and a resident of New

Isabela, Tacurong City, Sultan Kudarat, where he may be served

with notices and other processes of this Honorable Court;

2. Defendants are of legal age, and residents of Poblacion, Tacurong

City, Sultan Kudarat, where they may be served with summonses

and other processes of the Honorable Court;

COMPLAINT . . . Page 2

3. Public Defendant Department of Public Works and Highways

(DPWH) is a government agency, herein impleaded as an

indispensable party, being charged with the management in the

implementation of the rules and regulations regarding the removal

of all obstructions and prohibited uses within the Right-Of-Way

(ROW) of all national roads of the Republic of the Philippines; the

same is represented by its District Engineer Doroteo C. Ines, Jr.,

with address at the Office of the District Engineer, Sultan Kudarat

Engineering District, Isulan, Sultan Kudarat, where he may be

served with summons and other processes of this Honorable Court;

COMPLIANCE WITH THE CONDITION PRECEDENT

4. Matters pleaded herein have already been referred to the Office of

the Barangay Chairman of Barangay Buenaflor, Tacurong, Sultan

Kudarat pursuant to R.A. 7160 and its Implementing Rules but no

settlement has been reached. Copy of the Certification to File

Action is hereto attached as Annex “A”;

5. Plaintiff is a registered owner of a certain parcel of land more

particularly described as follows, to wit:

“A parcel of land known as Lot 576-B-2, (LRC)

Psd-248756, being a portion of Lot 576-B
(LRC), Psd-64894, situated in the Bo. of

COMPLAINT . . . Page 3
 Poblacion, Municipality of Tacurong, Sultan
Kudarat (now Poblacion, Tacurong City,
Sultan Kudarat), containing an area of SIX
HUNDRED (600) Square Meters, more or less
and covered by TRANSFER CERTIFICATE OF
TITLE NO. T-49799 and registered in the name
of Macario P. Parcon, Jr., married to Sabina M.
Parcon.”

photocopy of TRANSFER CERTIFICATE OF TITLE NO. T-49799 is

hereto attached as attached as Annexes “B” and “B-1” to form part

of this Complaint;

6. As a consequence of his full ownership and rights over the above-

described property. Plaintiff enclosed the same with concrete

hollow blocked fence with steel gate in between and introduced

thereon other improvements in preparation for his proposed

business;

7. To the surprise of the herein Plaintiff, however, sometime on

December, 2002, Defendants and their cohorts with stealth, force,

and intimidation to herein Plaintiff and his agents, have brought

men, materials, and equipments in front or near the above-

described property and are now threatening and intimidating to

Plaintiff’s life and property or about to enter, occupy, use and/or

develop as they have in fact entered, occupied, used and started

already fencing and enclosing the front of the said property with

barbed wire to the damage and prejudice of the herein Plaintiff,

COMPLAINT . . . Page 4
 claiming further that portion within 60-meter Road Right-of-Way

of the Tacurong-Isulan, Sultan Kudarat National Highway or

National Road. Photographs of the said concrete fence constructed

by the Plaintiff and erected barbed wire enclosing it made by the

Defendants is hereto attached as Annex “C” and “C-1” to form part

of this Complaint;

8. Defendants’ errand man named Noli Alhambra when confronted

by the herein Plaintiff about the barbed wire fencing, informed the

latter that the Defendants are intending to construct a building on

the very Road Right-of-Way fronting the property of the herein

Plaintiff, Macario Parcon, Jr.;

9. Despite the plea of the Plaintiff that Defendants will remove their

illegally constructed/embedded concrete post and barbed wire

fence fronting his property so that the he can have access to his lot

and make use of the same in preparation for his proposes business,

Defendants stubbornly refused and still refuse to remove their

structures;

10. Until now, the aforementioned illegally constructed/embedded

concrete post and barbed wire fence continues, notwithstanding the

vehement objections of the Plaintiff;

COMPLAINT . . . Page 5
 11. Because of the unlawful and irregular acts of the Defendants and

their cohorts by enclosing with barbed wire fence his private

property hence denying and depriving his rights to Road Right-of-

Way, Plaintiff suffered from loss of income and actual damages of

at least THREE HUNDRED THOUSAND PESOS (P300,000.00);

12. If only to resolve the same, Plaintiff, and pursuant to Department

Order No. 52, Series of 2003 of the Department of Public Works and

Highways, sought the assistance from the Office of the District

Engineer, Sultan Kudarat Engineering District, headed by District

Engineer Doroteo C. Ines, Jr., located at Isulan, Sultan Kudarat, but

lamentably the latter refused to give actions on said matter for

reasons only known to said Office. Photocopy of Department

Order No. 52, Series of 2003 of the Department of Public Works and

Highways is hereto attached as Annex “D” and “D-1”;

ALLEGATION COMMON TO ALL CAUSES OF ACTIONS

Plaintiff repleads by reference the afore-stated allegations and in addition

states that:

13. Plaintiff has to hire the services of the undersigned counsel to

protect his rights and interests to his property for which he will

suffer damages in the form of Attorneys fees amounting to FIFTY

THOUSAND PESOS (P50,000.00);

COMPLAINT . . . Page 6
 14. In order to serve as an example for public good, the Defendants

should be charged with exemplary damages in the amount of ONE

HUNDRED THOUSAND PESOS (P100,000.00);

15. The Defendants did not act in good faith for which Plaintiff

suffered from sleepless nights, anxieties, social humiliation and

stress for which Plaintiff suffered moral damages which if

converted to its monitorial equivalent is TWO HUNDRED

THOUSAND PESOS (P200,000.00);

APPLICATION FOR WRIT OF PRELIMINARY PROHIBITORY

INJUNCTION AND WRIT FOR PRELIMINARY MANDATORY INJUNTION

16. The unlawful acts of the Defendants at the moment this complaint

is being filed must be restrained in order to prevent the continuing

violation of the rights of the Plaintiff, being the lawful owner and

possessor of his property, such acts having been violative to his

rights of Road Right-of-Way and to the Department Order No. 52

dated February 3, 2003 of DPWH which gave rise to the said causes

of action;

17. There will be grace and irreparable injury to the Plaintiff if the

Defendants continues to remain stubborn in nor removing their

illegally constructed/embedded concrete post and barbed wire

enclosing Plaintiffs private property;

COMPLAINT . . . Page 7
 18. Plaintiff is entitled to the reliefs demanded and the whole or part of

such reliefs consists in restraining Defendants from entering,

occupying, or using and fencing the portion lot fronting to the

above-described property of the plaintiff, owned by the

Department of Public Works and Highways, as it belongs to and

within the 60-meter Road Right-of-Way of the National Roads or

any portion thereof, or to desist from continuing with said

unlawful;

19. In order to prevent serious damage and so that Plaintiff can have

also access to his lot and make use of the same, a writ of

preliminary mandatory injunction is also prayed directing urgently

Defendant Spouses and Public Defendant DPWH represented by

its District Engineer Doroteo C. Ines, Jr., of the Office of the District

Engineer, Sultan Kudarat Engineering District, Isulan, Sultan

Kudarat, to actually uproot, remove, destroy and thereafter clean

up the said illegally constructed/embedded concrete post and

barbed wire fence in the portion of lot fronting to the above-

described property of the Plaintiff, owned by the Department of

Public Works and Highways, as it belongs to and within the 60-

meter Road Right-of-Way of the Tacurong-Isulan National Road;

20. A writ of preliminary injunction and/or a temporary restraining

COMPLAINT . . . Page 8
 order enjoying the continuance of the acts complained of are

essential for the preservation of the rights and protection of the

interest of the Plaintiff pending the proceedings;

21. Plaintiff has no other plain, speedy or other sufficient remedy in the

ordinary course of law, and he is willing and able to file an

injunction bond in such amount that this Honorable Court may fix.

PRAYER

WHEREFORE, it is respectfully prayed that:

1. Immediately upon filing of this complaint, this Honorable Court

issues a writ of preliminary injunction and/or temporary

restraining order directing Defendants, and any and all persons

acting for and on their behalf to desist and refrain from entering,

occupying, using or developing that portion of lot fronting to the

above-described property of the Plaintiff, owned by the

Department of Public Works and Highways, as it belongs to and

within 60-meter Road Right-of-Way of the National Roads or any

portion thereof;

2. Immediately upon filing of this complaint, this Honorable Court

issues a writ of preliminary mandatory injunction directing

COMPLAINT . . . Page 9
 urgently Defendants and Public Defendant DPWH represented by

its District Engineer Doroteo C. Ines, Jr., of the Office of the District

Engineer, Sultan Kudarat Engineering District, Isulan, Sultan

Kudarat, to actually uproot, remove, destroy and thereafter clean

up the said illegally constructed/embedded concrete post and

barbed wire fence in the portion of lot fronting to the above-

described property of the Plaintiff, owned by the Department of

Public Works and Highways, as it belongs to and within the 60-

meter Road Right-of-Way of the Tacurong-Isulan National Road;

3. Issue a permanent injunction against all the Defendants in this case

from proceeding with their present unlawful and irregular

activities until all the legal issues in this civil action shall have been

finally resolves;

4. Ordering the Defendants to pay damages in the amount of THREE

HUNDRED THOUSAND PESOS (P300,000.00) as payment for

actual loss and damages;

5. Ordering the Defendant Bank to pay Attorney’s fees in the amount

of FIFTY THOUSAND PESOS (P50,000.00);

6. Ordering the Defendants to pay the Plaintiff the sum of TWO

HUNDRED THOUSAND PESOS (P200,000.00) as moral damages;

COMPLAINT . . . Page 10
 7. Ordering the Defendants to pay the Plaintiff the sum of THIRTY

THOUSAND PESOS (P30,000.00).

Other reliefs just and equitable under the premises are likewise prayed

for.

City of Koronadal, South Cotabato, Philippines.

March 24, 2003.

MICHAEL A. IGNES
Counsel for the Plaintiff
Rms. 1-A & 7, 2nd Floor Supermart Bldg.
City of Koronadal, South Cotabato
PTR NO. 4631477 – 1/6/2003
IBP NO. 502011 – 1/22/2003
City of Koronadal, South Cotabato