G.R. No. 158397 - NEIL TAMONDONG, VS. COURT OF APPEALS AND WORLD WAR II VETERANS LEGIONNAIRES OF THE PHILIPPINES, INC..D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, it is respectfully prayed of the Honorable Court that temporary restraining order be issued upon filing of this case, and after notice and hearing, preliminary injunction be issued to prevent or enjoin defendants and committing ( sic ) from further committing dispossession or deprivation of the plaintiff and after trial on the merit, judgment will rendered ( sic ): Ordering defendants and company, alias John Does, to vacate and remove their construction on the lot under litigation; Ordering defendants and company, alias John Does, to turn over the possession of the lot under litigation to the Plaintiff; Ordering defendants and company, alias John Does, to pay P75,000.00 as moral damages, P30,000.00 as exemplary damages; Ordering defendants and company, alias John Does, to pay P20,000.00 as for attorneys fee, litigation expenses of P10,000.00 and P25,000.00 accumulated appearance fee until terminated. [2] The verification and certification of non-forum shopping embodied in the complaint was executed by Esteves as follows: I, SOROVABEL ESTEVES, of legal age, Filipino, with address at c/o Unit-90 LTM Arcade, Romarosa Townhomes, Luzon Avenue, Quezon City, after having been declared under oath state: That I am the Attorney-in-fact and Allocatee of the lot under litigation, that I have caused the preparation of this pleading for and in behalf of WORLD WAR II VETERANS LEGIONNAIRES OF THE PHILIPPINES, INC.; that I have read the contents thereof and the same are true and correct to the best of my knowledge and belief. That I hereby certify under oath that I have not commenced any action or claim involving the same issues in the Supreme Court, Court of Appeals, tribunal or quasi-agency, and to the best of my knowledge and belief, there is no pending action or claim before such courts, or tribunal or quasi-agency. If there is then I will immediately inform such court of such pendency within 5 days from such knowledge. Quezon City, December 3, 2001. (Sgd.) SOROVABEL ESTEVES Affiant SUBSCRIBED AND SWORN to before me this 4th day of December, 2001 at Quezon City, affiant exhibited his CTC No. CCI05956191, issued at Quezon City on January 16, 2001. (Sgd.) Doc. No. 822; ATTY. ELADIO B. ABQUINA Page No. 153; NOTARY PUBLIC Book No. I VALID UNTIL DECEMBER 31,2002 Series of 2001. PTR NO. 2021770 / Q.C. 1/8/2001 IBP NO. 0521241 / Q.C. 1-8-2001 [3] Appended to the complaint as Annex G thereof was a Certificate of Final Allocation of Residential Lot, purportedly issued by Enrique Abila, the National President of respondent WWVLPI over an unidentified parcel of land located at Area 6, Veterans Village, Barangay Holy Spirit, Quezon City; and as Annex G-1 thereof, a Deed of Sale with Transfer of Rights executed by Privata O. Mediona in favor of Esteves over Lot No. 2206 located at Area 6, Veterans Village, Barangay Holy Spirit, Quezon City, with an area of 253 square meters. [4] The summons and complaint were served on the petition