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May 19, 2013

Republic of the Philippines REGIONAL TRAIL COURT 7th Judicial Region BRANCH 44 Dumaguete City CONIGUNDA PAJUNAR-QUINAMOT, ET. AL., Plaintiffs, – Versus –

CIVIL CASE NO. 13820 FOR:

Quieting of Title and Damages with Prayers for Preliminary Injunction and Temporary Restraining Order

SEGUNDA P. PALARPALAR, CHARLENE TORALBA, LUCITA PAJUNAR-FUTALAN, LANDO ADALIN and ESTELITA P. ENAGE ASTERIO PAJUNAR, ENRIQUE P. ABEJERO, NESTOR P. ABEJERO, CONCHITA P. ABEJERO NESTOR PAJUNAR, EXPEDITO PAJUNAR DOSETEA PAJUNAR, NEMESIO PAJUNAR GEORGE P. ADALIM, MARY ANN P. ADALIM, ANNABEL A. ABELLA, LUCITA P. FUTALAN, DIONESIO PAJUNAR, CHARLENE TORRALBA and LEANDRO P. ADALIM, Defendants. x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -/

SUMMONS BY PUBLICATION TO: FELIXBERTO P. ABEJERO Manila

CONCHITA P. ABEJERO Manila

EXPEDITO PAJUNAR Zamboanga

GEORGE P. ADALIM Manila

DIONESIO PAJUNAR Pasig City

WHEREAS, on August 30, 2010, plaintiffs filed the following Third Amended Complaint: “THIRD AMENDED COMPLAINT” PLAINTIFFS, by counsel, unto the Honorable Court most respectfully sate:

THE PARTIES 1. That they are of legal age, Filipinos, all married and with common postal address at Inalad, Siaton, Negros Oriental; 2. That the original defendants are likewise all of legal age, Filipinos and residents of Crossing Tayak, Napacao, Siaton, Negros Oriental except for Lucita Pajunar-Futalan who is a resident of Inalad, Siaton, Negros Oriental; 2.a) Defendant Estelita-Pajunar-Enage is a legal age, Filipino, married and with postal address at Inalad, Siaton, Negros Oriental. She was previously a coplaintiff but she later on turned out uncooperative, hence, she is now impleaded as a defendant she being an unveiling co-plaintiff. 2.b) Defendants NESTOR P. ABEJERO, CHARLENE P. TORRALBA, MARY ANN P. ADALIM and LEANDRO P. ADALIM are residents of Napacao, Siaton, Negros Oriental; 2.c) Defendants NESTOR PAJUNAR and NEMESIO PAJUNAR are residents of Albiga, Siaton, Negros Oriental; 2.d) Defendants; 2.d.1) EMRIQUE P. ABEJERO-Lagtangon, Bonbonon, Siaton, Negros Oriental; 2.d.2) IDI P. ABEJERO – Si-it Siaton, Negros Oriental; 2.d.3) FELIXBERTO P. ABEJERO – Manila; 2.d.4) CONCHITA P. ABEJERO – Manila; 2.d.5) EXPEDITO PAJUNAR – Zamboanga; 2.d.6)LUCITA P. FUTALAN – Inalad, Siaton, Negros Oriental; 2.d.7) DOSETEA PAJUNAR – c/o Perpetual Help Hospital Las Piñas City; 2.d.8) DIONESIO PAJUNAR-Pasig City 2.d.9)GEORGE P. ADALIM – Manila 2.d.10) ANNABEL A. ABELLA – Poblacion 2 , Siaton, Negros Or. at which addresses the parties may be served with and reached by summonses, orders and other processes of the Honorable Court relative to the instant case. STATEMENT OF ESSENTIAL ANTECEDENTS 3. That the plaintiffs together with defendant Enage, are the compulsory heirs of the late Elisea Pajunar who during her lifetime, was the registered owner and actual possessor of a parcel of land known as Lot No. 5693 and covered by Original Certificate of Title No. FV-11043, a photocopy of which is hereto attached as Annex “A” hereof, with an assessed value of P24,950.00 per Tax Declaration No. 9916-020, hereto attached as Annex “B” hereof. 4. That after the demise of Elisea Pajunar on June 27, 1992, herein plaintiffs and defendant Enage succeeded into the ownership and actual possession of the subject lot to the complete exclusion of the rest of the world. CAUSES OF ACTION I.QUIETING OF TITLE 5. That sometime in the second week of April 2005 or thereabout, when the plaintiffs preparations for the drilling of a deep well inside Lot No. 5693 aforesaid and the fencing thereof, herein defendants(original defendants) together with their hired hand hands prevented plaintiffs laborers and threatened the latter with physi-

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cal harm should they proceed with what they intended to do; 6. That when the plaintiffs demanded upon the defendants the reason for their acts, the latter brazenly barked at the former and claimed to be the owners of the lot despite the fact that Lot No. 5693 was issued a title in the name of Elisea Pajunar, their deceased mother, as early as 1971 yet; 7. That at first blush defendants’ act and conduct seem valid, subsisting and effective but in reality they are invalid, unlawful and baseless. However, the acts and conduct of the defendants succeeded in casting a cloud of doubt on plaintiffs’ title and ownership over Lot No. 5693. Hence, there is an imperative need to remove the same through judicial process so as to quiet plaintiffs’ title and ownership over the same. II. DAMAGES 8. That the oppressive and illegal conduct of the defendants (original defendants) has no other purpose than to harass, annoy and inconvenience the plaintiffs and which in the process succeeded in causing upon plaintiffs mental anguish, extreme humiliation and moments of torment compensable as moral damages appropriately in the sum of Fifty Thousand Pesos (P50,000.00); 9. That the illegal and despicable conduct of herein defendants (original defendants) deserve condemnation and in order to deter the public from duplicating the same, the defendants should be slapped with exemplary damages preferably in the sum of Thirty Thousand Pesos (P30,000.00) 10. That consequent to defendants’ violation of plaintiffs’ clear and unmistakable right, the latter was compelled to litigate and thereby engage the services of a counsel for an agreed attorney’s fees of Twenty Thousand Pesos (P20,000.00); and another One Thousand Pesos (P1,000.00) per court appearance. 11. That at this juncture, the plaintiffs have already incurred incidental litigation expenses in the sum Two Thousand Pesos (P2,000.00). III. INJUNCTION 12. That as said in paragraph 5 hereof, in the second week of April 2005 or thereabout, the defendants (original defendants) prevented plaintiffs’ laborers and threatened the latter with physical harm should they proceed with what they limited to do; 13. That herein plaintiffs are clearly and unmistakably entitled to the reliefs herein prayed for and the whole or part of such reliefs consists in mandating and enjoining the defendants, their agents and subalterns to cease and desist from doing any act which shall be prejudicial to the proprietary rights of the plaintiffs over the same property. IV. PRELIMINARY PROHIBITORY INJUNCTION 14. That the continuance of the acts of the defendants herein sought to be enjoined during the pendency of the instant action will not only work and bring grave and irreparable damage and injury to herein plaintiffs but will certainly aggravate, complicate and multiply the issues in this case. As such, there is an imperative need for an injunctive with to issue during the pendency of this case enjoining the defendants, their agents and subalterns to cease and desist from preventing the plaintiffs to exercise acts of ownership over the subject property and to cease and desist from doing any act which shall be prejudicial to the propriety rights of the plaintiffs over the same property; 15. That the plaintiffs are ready, willing and capable of putting up an injunctive bond in such amount as this Honorable Court may deem appropriate in the premises, conditioned to pay the defendants for whatever damages the latter may suffer should it turn out later herein plaintiffs are not entitled to the reliefs prayed for. V. TEMPORARY RESTRAINING ORDER 16. That the acts perpetuated by the defendants are clearly violative of plaintiff’s right which succeeded in bringing and causing gross and irreparable damage and injury to the latter and shall continue to cause and bringing great and irreparable damage and injury to the plaintiffs’ acts are left unrestrained; 17. That herein plaintiffs are clearly and unmistakably entitled to the reliefs herein prayed for and the whole or part of such reliefs herein prayed for consists in enjoining the defendants, their agents and subalterns to cease and desist from preventing the plaintiffs to exercise acts of ownership over the subject property and to cease and desist from doing any act which shall be prejudicial to the proprietary rights of the plaintiffs over the same property. 18. That the plaintiffs have suffered and will continue to suffer great and irreparable damage and injury before the matter can be heard on notice considering the nature of the acts complained of and the urgency of putting up a deep well inside Lot No. 5693; 19. That In view of the urgency of the matter and its attendant circumstances, it is earnestly prayed of this Honorable Court that a Temporary Restraining Order shall issue upon the filling of this case, enjoining the defendants, their agents and subalterns to cease and desist from preventing the plaintiffs to exercise acts of ownership over the subject property, and to cease and desist from doing any act which shall be prejudicial to the proprietary rights of the plaintiffs to exercise acts of ownership over the subject property, and to cease and desist from doing any act which shall be prejudicial to the proprietary rights of the plaintiffs over the same property.

P RAYE R IN VIEW WHEREOF, the Honorable Court is most respectfully prayed the: I. Upon the filling of this instant case, a Temporary Restraining Order shall issue, enjoining the defendants, their agents and subalterns to cease and desist from preventing the plaintiffs to exercise acts of ownership over the subject property and to cease and desist from doing any acts which shall be prejudicial to the proprietary rights of the plaintiffs over the same property; II. During the prudency of the instant case and after due notice and hearing, an Injunctive Writ shall issue enjoining the defendants, their agents, and subalterns to cease and desist from preventing the plaintiffs to exercise acts of ownership over the subject property and to cease and desist from doing any acts which shall be prejudicial to the proprietary rights of the plaintiffs over the same property; III. After due notice of hearing on the merits, judgment shall issue in the plaintiffs’ favor; III.A pronouncing the plaintiffs as the lawful owners of the subject lot free from any cloud and doubt; III.B making the Injunctive Writ permanent; To page 11

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