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Republic of the PhilippinesREGIONAL TRIAL COURT

7th Judicial RegionBranch UVCebu City

HANSEL R. JALALON, Plaintiff

- versus -

MARC REYES

Defendant

x-----------------------------------------x

COMPLAINT

PLAINTIFF, by counsel and to this Honorable Court respectfully alleges:

PARTIES

1. That the Plaintiff, HANSEL R. JALALON, is a Filipino citizen, of legal age, single and a resident of Upper Level, 3rd Door Vailoces Apartment, Rahmann Street, Gorordo Avenue Cebu City where she may be served with copies of notices, orders and other papers of this Honorable Court;

2. That defendant, Marc Reyes, is a Filipino, of legal age, single and a resident of Door 1 Ground Floor, T. Padilla Street Cebu City where she may be served with copies of notices, orders and other papers of this Honorable Court;

CIVIL CASE NO. P 1232-15-PGFor Preliminary Injunction with Damages

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FACTS OF THE CASE

3. That the plaintiff is the defendant in a confiscation case filed in the Department of Agrarian Reform:

4. That the defendant herein, as head of the Confiscation Bureau, has caused to be confiscated, three vans belonging to the plaintiff herein, alleging such automobiles to have been used in illegal logging activities;

5. That the vans were only rented from the plaintiff, and that the logs transported therein were all licensed and permitted to be transported as evidenced by the permits presented, hereunto attached as exhibit “A”;

6. That plaintiff is entitled to the relief demanded and the whole or part of such relief consists in restraining the commission or continuance of the acts complained of, either for a limited period or perpetually; or

7. That the commission or continuance of some act complained of during the litigation would probably work injustice to the plaintiff since such rentals are the plaintiff’s only source of income;

8. That the plaintiff hereby applies for a writ of preliminary injunction to restrain the defendant from the act herein complained of, and for this purpose hereby offers a bond in such sum as this Honorable Court may fix.

PRAYER

WHEREFORE, it is respectfully prayed of this Honorable Court to decide in favour of the plaintiff and decree the following:

1. That after due notice and hearing, a preliminary injunction be issued forthwith to restrain defendant from doing the act herein complained of, namely confiscating the vans subject of litigation;

2. That after trial, said injunction be made permanent, with costs;

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3. And such further orders that are just and equitable in the premises that the court may find well deserved.

IN WITNESS WHEREOF, I have hereto have hereby set their hands on the 5th day of June, 2015, in Cebu City, Cebu.

ATTY. MARC GRETEL R. MADANGUITCOUNSEL FOR PLAINTIFFGround Flr, 1st Dr, V. Villa Estrella Apartment, Rahmann Ext., Gorordo Avenue, Cebu CityROLL NO. 48511 / 24 Jan 2005IBP Lifetime Roll No.: 816036/ 25 Jan 2005MCLE Compliance No. III-0319 / 8 Aug 2010

PTR No. 1234 / Cebu City / 01-25-2005

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VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, HANSEL R. JALALON, of Legal age, single, Filipino Citizen and a resident of Upper Level, 3rd Door Vailoces Apartment, Rahmann Street, Gorordo Avenue Cebu City, after being sworn according to law, hereby depose and state that;

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and/or on the basis of copies of documents and records in my possession;

4. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency;

5. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency;

6. If I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court.

HANSEL R. JALALON

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the Province of Cebu this 5th day of June 2015. Affiant personally came and appeared with her Professional Regulations Commission ID Number 128-957-320 issued by Professional Regulations Commission’s Office of the Province of Cebu on January 24, 2010 at Cebu City, bearing her photograph and signature, known to me as the same person who personally signed this foregoing

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Doc. No. 321Page No. 3Book No. 567Series of 2015

instrument before me and avowed under the penalty of law to the whole truth and contents of the said instrument.

ATTY. JUAN ISMAEL DE LA CRUZGround Flr, 1st Dr, Vailoces Apartment, Rahmann Street, Gorordo Avenue, Cebu CityCOMMISSION NO.: 1234-1234NOTARY PUBLIC for Cebu CityUNTIL December 31, 2018OFFICE: Big Bldg, Door 308, Cebu CityROLL NO. 48511 / 24 Jan 2005IBP Lifetime Roll No.: 816037/ 25 Jan 2005MCLE COMPLIANCE No. III-004319 / 10 Aug 2018TIN 128-957-329