Republic of the Philippines

Regional Trial Court

11th JUDICIAL REGION
Branch ___
Digos City, Davao del Sur

BENJAMIN FAJARO III,

Plaintiff,
CIVIL CASE NO. ____________
FOR: Easement of Right of Way,
- versus - Injuction, with Damages and
and Application for Preliminary
Injuction
DOLORES UMBRIDGE
Defendant.
X------------------------------X

COMPLAINT FOR EASMENT OF RIGHT OF WAY

With INJUNCTION and Damages and
APPLICATION FOR PRELIMINARY INJUNCTION

Plaintiff, by Counsel, and unto this Honorable Court most

respectfully files this Complaint by averring – That:

1. Plaintiff Benjamin “Samboy” Fajardo III (Samboy for

brevity) is of legal age, single and has the capacity to sue and be
sued. For purposes of this Complaint, it is prayed that all notices
and orders be sent to counsel’s address found bellow;

2. Defendant Dolores Umbridge (Defendant Dolores for brevity) is

of legal age, single and has the capacity to sue and be sued. The
Defendant can be summoned and served with the processes of
the Honorable Court at Greenloft, First Crumb Street, Digos City;

3. Plaintiff Samboy is the owner of a parcel of land, located

at Barangay Zone 1, Digos City, and covered by Transfer
Certificate of Title (TCT) No. 2-125553. A copy of TCT No. 2-
125553 is herein attached as Annex “A” and the same is made an
integral part of this Complaint;

4. Defendant Dolores is the owner of an adjoining parcel of

land, at southeast side of the Plaintiff’s lot, covered by Transfer
Certificate of Title (TCT) No. 1-125553. A copy of TCT No. 1-
12553 is herein attached as Annex “B” and the same is made an
integral part of this Complaint;

5. The aforementioned lots were ones part of a bigger land

covered by TCT No. 125553, co-owned by the Plaintiff and
Defendant who were lovers then. A copy of TCT No. 125553 is
herein attached as Annex “C” and the same is made an integral
part of this Complaint;

6. Sometime on June 2017, Plaintiff and Defendant

separated which led to the execution of a Deed of Partition. The
northwestern part went to the Plaintiff, and the southeastern part
went to the Defendant. A copy of the Deed of Partition dated June
20, 2017, by Benjamin Fajardo III and Dolores Umbridge is
herein attached as Annex “D” and the same is made an integral
part of this Complaint;

7. Sometime on October 2017, Defendant started the

construction of her house including the surrounding fence. This
prompted the Plaintiff to communicate his concerns in relation to
his right of way, because there was no other way to the highway
other than those going through Defendant’s land. A copy the
Relocation survey is herein attached as Annex “E” and the same
is made an integral part of this Complaint. This lead to the verbal
agreement to give Plaintiff a two (2) meter pathway through
Defendant’s land to the road;

8. On February 7, 2018, Plaintiff noticed that Defendant

placed stock fill of sand and gravel, covering half of the pathway.
Plaintiff likewise noticed that Defendant dug up the ground in
preparation for the construction of her walled fence, which as of
the time of filing this Complaint, has already reached halfway
through the small pathway. Pictures of the blocked pathway are
herein attached as Annex “F-1” to “F-2” and the same are made
integral parts of this Complaint;

9. On February 9, 2018, Plaintiff through Counsel sent a

Demand Letter to the Defendant, asking the latter to desist from
further blocking the pathway within ten (10) days from receipt. A
copy of the Demand Letter is herein attached as Annex “G” and
the same is made an integral part of this Complaint;

10. Ten days has elapsed but there is no showing of any

favorable response or stoppage of the blockade from the
Defendant’s side. By reason of such refusal, Plaintiff Samboy was
constrained to retain the services of counsel and file this case in
order to protect their rights and interests.

PRAYER

WHEREFORE, PREMISES CONSIDERED, it is most respectfully

prayed of this Honorable Court that after due notice and hearing,
judgment be rendered in favor of BENJAMIN FAJARO III and:

1. Issue a Writ of Preliminary Injunction to restrain the

defendant from further constructing the walled fence
which blocks the pathway;

2. A declaration of right-of-way over the said area in favor

of the plaintiff;

3. To pay Attorney’s Fees of Twenty Five Percent (25%)

of the balance chargeable.

4. To pay for the cost of suit.

5. Other just and equitable reliefs.

Digos City, Davao del Sur, ___________________.

PRACTICE COURT II MALINAO GROUP

Cor Jesu College, College of Law, Digos City
Tel. No.: (XX)XXX-XXXX/Cell No.: +63 917 701 4433
email address: sharkyclear@gmail.com

BY:

ATTY. KARLO NOV QUIJANO

 Notary Public Until December 31, 2018
Roll No. XXXXX; TIN: XXX-XXX-XXX
BP OR No. XXXXXXX; 12-27- 16
(CY 2018) PTR No. XXXXXXXX; 1-04- 18;
City of Digos

Republic of the Philippines }

National Capital Region }
City of Digos }
x -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- x
VERIFICATIONAND CERTIFICATION AGAINST NON-FORUM
SHOPPING

I, BENJAMIN FAJARO III, Filipino, of legal age, married,

and a resident of #311 Barangay Zone 1, Digos City, Davao del
Sur, after having been sworn to in accordance with law, do
hereby depose and state – THAT:

1. I am the Plaintiff in the above-entitled case and I have

caused this Complaint for Easement of Right of Way, Injucntion,
Damages, with Application for Preliminary Injunction to be
prepared;

2. I have read and understood its contents which are true

and correct of my own personal knowledge and/or based on true
records;

3. I have not commenced any action or proceeding involving

the same issue or subject matter, in the Supreme Court, the
Court of Appeals or any other tribunal or agency;

4. 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 that, if I should learn
thereafter that a similar action or proceeding has been filed or is
pending before these courts or tribunal or agency, I undertake to
report that fact to the Court within five (5) days therefrom.
 IN WITNESS WHEREOF, I have hereunto affixed my
signature this 20th day of February, 2018 at City of Digos, Davao
del Sur, Philippines.

BENJAMIN FAJARO III

Affiant
Valid ID: Driver’s License No. L02-15- 006726

SUBSCRIBED AND SWORN TO BEFORE ME, this 20th day

of February, 2018, in the City of Digos, affiant is personally
known to me to be the same person executing this Verification
and Certification.

ATTY. EDSEL JAMES SANDICO

Notary Public Until December 31, 2018
Roll No. XXXXX; TIN: XXX-XXX-XXX
BP OR No. XXXXXXX; 12-27- 17
(CY 2018) PTR No. 2020602; 1-04-18;
City of Digos

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 2018.