Republic of the Philippines

11th Judicial Region

4th MUNICIPAL CIRCUIT TRIAL COURT
MALALAG - SULOP
Malalag, Davao del Sur

ROSITA MALUYA, ALAN

MALUYA, ALMA MALUYA-
ARCE, EDNA MALUYA-TERANIA, Civil Case No.
CECELIA MALUYA CADIZ,
RENILIA MALUYA, LIGAYA FOR: UNLAWFUL
MALUYA BERGET, EVELYN DETAINER, DAMAGES AND
MALUYA BJORKE, EVANSWENDA ATTORNEY’S FEES WITH
SLATSVEEN and CHARITA PRAYER FOR THE
MALUYA ANDERSEN ISSUANCE OF WRITS OF
Plaintiffs, PRELIMINARY
PROHIBITORY &
- versus - MANDATORY INJUNCTION
and/or TEMPORARY
ARLYN PANGGOY, RADIN RESTRAINING ORDER
PANGGOY, ABLING SANAMA
and SABAS SANAMA
Defendants.
X-----------------------------------------------X

COMPLAINT
PLAINTIFFS, in the above-entitled case and unto this
Honorable Court hereby allege:

1. That Plaintiffs namely:

ROSITA MALUYA, of legal age, widow, Filipino and a

resident of Lot 12-Block II, Regina Compound, Bajada,
Davao City, Philippines;

ALAN MALUYA, of legal age, Filipino and a resident of Lot

12-Block II, Regina Compound, Bajada, Davao City,
Philippines;

ALMA MALUYA-ARCE, of legal age, married, Filipino and

a resident of Lot 12-Block II, Regina Compound, Bajada,
Davao City, Philippines;

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 EDNA MALUYA-TERANIA, of legal age, married, Filipino
and a resident of Banate, Malungon, Saranggani Province,
Philippines;

CECELIA MALUYA CADIZ, of legal age, married, Filipino

and a resident of Banate, Malungon, Saranggani Province,
Philippines;

RENILIA MALUYA, of legal age, married, Filipino and a

resident of Lot 12-Block II, Regina Compound, Bajada,
Davao City, Philippines;

LIGAYA MALUYA BERGET, of legal age, married, Filipino

and a resident of Norway, Europe;

EVELYN MALUYA BJORKE, of legal age, married and a

resident of Saetersvegena 2642, Kvam, Norway, Europe;

EVANSWENDA SLATSVEEN, of legal age, married and a

resident of Nedre Smebyvei 18 2870, Dokka, Norway,
Europe;

and

CHARITA MALUYA ANDERSEN, of legal age, married,

Filipino and a resident of Norway, Europe;

While DEFENDANTS namely:

ARLYN PANGGOY, of legal age, married, Filipino and a

resident of Pananag, Mabini, Malalag, Davao del Sur;

RADIN PANGGOY, of legal age, married, Filipino and a

resident of Pananag, Mabini, Malalag, Davao del Sur;

ABLING SANAMA, of legal age, Filipino and a resident of

Pananag, Mabini, Malalag, Davao del Sur;

SABAS SANAMA, of legal age, Filipino and a resident of

Pananag, Mabini, Malalag, Davao del Sur;

whereby notices, orders, writs, decision and other processes

of this Honorable Court may be served unto the contending parties;

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 2. That Plaintiffs have the capacity to sue and be sued in court,
for Defendants entry into said property was at first legal and later
became illegal when they decided to stay in the premises after
countless notices to vacate the same and thus, unwarrantedly erected
their personal improvements inside the premises of the former’s
property, to which it is already an act of intrusion and an invasion of
private property, betraying the owners right for possession and use
of property to their benefit;

3. That all the plaintiffs executed a Special Power of Attorney

including the four siblings namely: Ligaya Berget, Everlyn Bjorke,
Charita Andersen and Evanswenda Slatsveen who are momentarily
residing abroad, thereby authorizing their sister, Alma Muya, to
represent them before any courts of law, copies of said SPA is hereby
attached as Annexes “A” and “A-1”;

4. That Plaintiffs are the legal heirs of now deceased, Soriano D.

Maluya, who owned a property located at Mabini, Banate, Malalag,
Davao del Sur, bearing Transfer Certificate of Title No. 02930
likewise, and the subject matter of the suit, a copy of the Transfer
Certificate of Title is hereby attached as Annex “B”;

5. That due to compassion of Soriano Maluya, he allowed Radin

Panggoy, Arlyn Panggoy, Sabas Sanama and Abling Sanama, herein
Defendants, to occupy the above mentioned property;

6. That upon Soriano’s death on April 2013, the Plaintiffs,

having the right of succession as heirs, took ownership and
possession over the property as mentioned;

7. That the Plaintiffs, as the lawful co-owners of the property,

still continued to pay the land amortizations of the property as well
as the annual property taxes thereof, copies of the Land Amortization
Payment Receipts and Real Property Tax Receipts are hereby
attached as Annexes “C-1”, “C-2”, “C-3”, “C-4”, “C-5”, “C-6”, “C-7”,
“C-8”, “C-9”, “C-10”, “C-11”, “C-12”, “C-13”, “C-14”, “C-15”, “C-16”,
“C-17”, “C-18”, “C-19”, “C-20”, “C-21”, “C-22”, “C-23”, “C-24”, “C-
25”, “C-26”, “C-27”, “C-28”, “C-29”, “C-30”, “C-31”, “C-32”, “C-33”,
“C-34”, “C-35”, “C-36”, “C-37”, “C-38”, “C-39”, “C-40”, “C-41”, “C-
42”, “C-43”, “C-44”, “C-45”, “C-46”, “C-47”, “C-48”, “C-49”, “C-50”,
“C-51”, “C-52”, “C-53”, “C-54”, “C-55”, “C-56”, “C-57”, “C-58”, “C-
59”, “C-60”, “C-61”, “C-62”, “C-63”, “C-64”, “C-65”, “C-66”, “C-67”,
“C-68”, “C-69”, “C-70”, “C-71”, “C-72”, “C-73”, “C-74”, “C-75”, “C-
76”, “C-77”, “C-78”, “C-79”, “C-80”, “C-81”, “C-82”, “C-83”, “C-84”,
“C-85”, “C-86”, “C-87”, “C-88”, “C-89”, “C-90”, “C-91”, “C-92”, “C-

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93”, “C-94”, “C-95”, “C-96”, “C-97”, “C-98”, “C-99”, “C-100”, “D”,
“E”, “F”, and “G”;

8. That after the death of Soriano Maluya, the Defendants were

merely tolerated to reside on the property subject of the suit, and the
latter is in no way a tenant over the property they presently occupied;

9. That to somehow formalize the occupancy of the Defendants,

they executed a “Kasabutan Sa Pagrenta sa Yuta” or a contract
agreement entered into between Rosita Maluya, wife of the deceased
and Sabas Sanama regarding the terms and conditions, where they
agreed that the amount of rent would entirely depend as to the sale
of the crops planted but not limited to corn, mongo, peanuts, rice and
kamote and whenever Complainants should use the property, the
Defendants and all person claiming rights under their name should
vacate the same, a copy of the “Kasabutan Sa Pagrenta sa Yuta” is
hereby attached as Annex “H”;

10. That the Plaintiffs or the co-owners herein have decided to

retrieve the property in question considering the fact that they intend
to develop and introduce various improvements on the stated
property thus, required the Defendants to vacate the property subject
of the suit, a copy of the notice or “pahibalo” is hereby attached as
Annex “I”;

11. That herein Defendants, should have no longer occupied

and/or tilled the property in question as they must have left
Plaintiffs’ property altogether and vacate the land, but insistently,
Defendant even after the death of Soriano Maluya, remain and
continued to plant corn, mongo, peanuts, rice plus kamote and even
worse, Defendant in bad faith, intentionally cut down trees on
Plaintiff’s property, unto Defendant’s own benefit with no regards
and consent garnered nary themselves of the heirs of the property;

12. That Defendants wantonly and continuously disregard the

notice to vacate the property as mentioned, pristinely, the same
blatant acts as if they are the possessor and owner of the property
incessantly hoarding every income from the area whichever the same
finds it with profit without permission and verification from the
owner, and sadly, no shares were given to the Plaintiff up to this
moment;

13. That besides, ever since Soriano’s death in the year 2013 and
up to the present time, most of the proceeds of the land were never

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collected nor received by any of his surviving heirs from Defendant’s
thereof;

14. That to make matters worse, Defendants make their

charcoal products inside the property owned by the Plaintiffs and cut
down trees which are clearly contrary to the agreement as forged
between the parties, thus, using the previously planted trees and
crops of the property to the Plaintiffs expense, without the latter
receiving a single centavo of compensation from them;

15. That Plaintiffs want them to recover the property from

Defendants so that, they could reap the benefits of the property
subject of the suit and as well as to the share of the proceeds that
were supposed to be given to the Plaintiffs or the co-owners herein;

16. That Jesus Ulaman, Plaintiffs long-time friend and neighbor,

served to the Defendants said notice or the “pahibalo”, but the latter
were not cooperative as they continued to occupy the property up to
the present time despite the repeated and countless demands to
vacate the same;

17. That Defendants occupation of the present property is

highly censurable, condemnable and outrageous, entitling or
deserving Plaintiffs the immediate issuance of a Temporary
Restraining Order (TRO) and/or Writs of Preliminary and
Prohibitory Mandatory Injunctions in order to enjoin and restrain the
Defendants in further possessing and occupying the property and
reap whatever benefits which may derived from it, which caused
Plaintiffs to suffer grave and continuous irreparable damage, injury
and prejudice owing to the Defendants actions by blatantly
disregarding the very lot which their two (2) Kiosks erected and
crops planted inside the premises of the property, under the title as
previously mentioned;

18. That Plaintiffs are able, willing and ready to post the
required bond as may be required by the Honorable Court to
guarantee the grant or issuance if the TRO or Writs of Preliminary
and Prohibitory Mandatory Injunctions as the case may be, in order
to respond or answer for whatever damages, if any, the Defendants
might sustain or suffer on account of the issuance of said remedy or
relief sought thereon;

19. That due to the foregoing acts, Plaintiffs suffer mental

anguish, excruciating pain, wounded feelings, humiliation and
embarrassment of Twenty Thousand (Php 20,000.00) Pesos owing of

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Defendants callous acts of entering and occupying the premises of
Plaintiffs property;

20. That Plaintiff suffers loss from the uprooted and burnt crops
and trees amounting to Fifty Thousand (Php 50,000.00) Pesos as
actual damages;

21. That in order to protect and safeguard their rights and

interest over said personal property, Plaintiffs engaged the services of
a counsel and bound themselves pay Fifty Thousand (Php 50,000.00)
Pesos as Attorney’s fee and another Three Thousand (Php 3,000.00)
Pesos as appearance fee for every hearing conducted hereof.

22. That Plaintiffs incurred the preparation and filing fees

including acceptance fee thereby spending Ten Thousand (Php
10,000.00) Pesos and likewise, incurs miscellaneous, incidental and
litigation expenses of not less than Three Thousand (Php 3,000.00)
Pesos.

PRAYER
WHEREFORE in the foregoing premises it is earnestly prayed
for the Honorable Court that - - -

BEFORE TRIAL
A date be thereafter set for the hearing of the immediate
issuance of Temporary Restraining Order (TRO) and/or Writs of
Preliminary and Prohibitory Mandatory Injunctions so as to
command or mandate Defendants to vacate and surrender the
premises they are currently possessing and occupying.

AFTER TRIAL
A decision shall thereafter be rendered in favor of Plaintiffs and
against Defendants thereby ordering all the latter to vacate the
contested property and making the issuance of the Writs of
Preliminary and Prohibitory Injunctions as permanent.

a. Php 50,000.00 as actual damages for the damaged crops,

trees and loss of income profits;

b. Php 20,000.00 as moral and exemplary damages;

c. Php 50,000.00 as for Attorney’s fees and Php 3,000.00

appearance fees for every hearing conducted thereof;

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 d. Cost of suit.

PLAINTIFFS pray for other reliefs which are fair, just, and
equitable under the foregoing premises.

Most respectfully submitted.

Padada (for Digos City), Davao del Sur, this ____ day of
___________ 2021.

ROSITA MALUYA, ALAN MALUYA,

ALMA MALUYA-ARCE, EDNA MALUYA-TERANIA,
CECELIA MALUYA CADIZ, RENILIA MALUYA,
LIGAYA MALUYA BERGET, EVELYN MALUYA
BJORKE, EVANSWENDA SLATSVEEN, CHARITA
MALUYA ANDERSEN

All Plaintiffs herein represented by:

ALMA MALUYA-ARCE
Attorney-in-fact/Co-Plaintiff

Assisted By:

AIANNA BIANCA BIRAO

Counsel for the Plaintiffs
Almendras District, Padada, Davao del Sur
IBP OR No. 123456* Dated 01/06/2021
Issued at Pasig City
PTR No. 7654321* Dated 01/06/2021
Issued at Matti, Digos City, Davao del Sur
Roll No. 965367
MCLE Compliance No. VI-0001435

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REPUBLIC OF THE PHILIPPINES )
PROVINCE OF DAVAO DEL SUR : S. S.
MUNICIPALITY OF PADADA )

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING
I, ALMA MALUYA-ARCE, of legal age, Filipino, both married
and residents of Dura-Tibas St., Poblacion, Kiblawan, Davao del Sur,
Philippines, under oath, hereby depose and say:
1. That I am one the plaintiffs in the above-entitled case as well
as the authorized representative of the plaintiffs through a Special
Power of Attorney attached here as Annexes ‘A’, and ‘B’ respectively;
2. That I have caused the preparation of this complaint;
3. That I have read and known the contents of this pleading,
and that (a) the allegations contained here are true and correct based
on my personal knowledge or based on authentic documents; (b) the
pleading is not filed to harass, cause unnecessary delay, or needlessly
increase cost of litigation; and (c) the factual allegations herein have
evidentiary support after reasonable opportunity for discovery;
4. That I have not commenced any action or filed any claim
involving the same issues or matter in any court, tribunal or quasi-
judicial agency, and to the best of my knowledge, no such action or
claim is pending therein. If I should thereafter learn that the same or
similar action or has been filed or is pending, I will report that fact
within five (5) days therefrom to this Court.

IN WITNESS WHEREOF, I have hereunto affixed my

signature this ___ day of __________ 2021, at Padada, Davao del Sur.

ALMA MALUYA-ARCE
Affiant
UMID: CRN-011105438229-1
SUBSCRIBED
AND SWORN TO before me
this ___ day of _________ 2021, at Padada, Davao del Sur,
Philippines.
Doc. No. ;
Page No. ;
Book No. ;
Series of 2021 .