Complaint With TRO

Republic of the Philippines
Regional Trial Court
Plaintiff Civil Case No. ___________
-versus-
Defendant
x------------------------------x
VERIFIED COMPLAINT
COMES NOW, Plaintiff by counsel and unto this honorable court, files the
verified complaint with application for temporary restraining order and/or
preliminary injunction against the listed Defendants, with a directive upon the
Department of Agriculture to enforce the provisions under Executive Order No. 751,
issued and signed by President Rodrigo Roa Duterte on 15 February 2019. A
temporary restraining order is appropriate to maintain the status quo.
(State the effect of the action by the BuCor if a TRO is not issued, ex.
Plaintiff, as qualified beneficiary under EO 75, will lose his/her land and will be
subjected to eviction actions any time soon, without immediate intervention from this
Court.)
PARTIES
Plaintiff is now, and at all times relevant to this action, a resident of

_________________. Plaintiff has owned the property located at
_______________.
Defendant, is a __________, (state all relevant information about the parties)
INTRODUCTION and FACTUAL ALLEGATIONS
State a brief introduction about the origin of the complaint and the relative
factual antecedents.
THE STANDARD FOR INJUNCTIVE RELIEF IS SATISFIED BY PLAINTIFF
There is a meritorious ground for the issuance of a temporary restraining

order or writ of preliminary injunction for the purpose of suspending, among others,
1
DIRECTING ALL DEPARTMENTS, BUREAUS, OFFICES, AND INSTRUMENTALITIES OF THE GOVERNMENT TO
IDENTIFY LANDS OWNED BY THE GOVERNMENT DEVOTED TO OR SUITABLE FOR AGRICULTURE FOR
DISTRIBUTION TO QUALIFIED BENEFICIARIES
any further actions and prohibiting the BuCor from proceeding in the (sale/re-
acquisition/ utilization) of the subject land. It is well-defined, based on the facts and
circumstances surrounding the case, that great or irreparable injury would result to
Plaintiff if such TRO/Injunction will not be issued by the Court.
Injunction is defined as "a judicial writ, process or proceeding whereby a party

is ordered to do or refrain from doing a certain act." 2 It may be filed as a main action
before the trial court3 or as a provisional remedy in the main action. 4
In LOS BAÑOS RURAL BANK, INC. v. PACITA O. AFRICA 5, it has been

held that Injunction is a preservative remedy aimed at no other purpose than to
protect the complainant’s substantive rights and interests 6 during the pendency of
the principal action.7 A preliminary injunction, as the term itself suggests, is merely
temporary.8 It is to be resorted to only when there is a pressing necessity to avoid
injurious consequences that cannot be remedied under any standard of
compensation.9
Moreover, injunction, like other equitable remedies, should be issued only at

the instance of a suitor who has sufficient interest in or title to the right or the
property sought to be protected. 10 It is proper only when the plaintiff appears to be
entitled to the relief demanded in the complaint. 11 In particular, the existence of the
right and the violation thereof must appear in the allegations of the complaint 12 and
must constitute at least a prima facie showing of a right to the final relief. 13 Thus,
there are two requisite conditions for the issuance of a preliminary injunction,
namely, (1) the right to be protected exists prima facie, and (2) the acts sought to be
enjoined are violative of that right. It must be proven that the violation sought to be
prevented would cause an irreparable injustice.
PRELIMINARY INJUNCTION
In deciding whether to issue a writ of preliminary injunction, the trial court

considers two important requisite conditions; namely, (1) the right to be protected
exists prima facie, and (2) the acts sought to be enjoined are violative of that right. It
must be proven that the violation sought to be prevented would cause an irreparable
injustice. (Ibid. Los Baños Rural Bank, Inc. vs. Africa, et al.)
The grounds for the issuance of a writ of preliminary injunction are

enumerated in Rule 58, Section 3 of the Revised Rules of Court, which reads as
follows:
2
Bacolod City Wa.ter District v. Hon. Labqyen, 487 Phil. 335, 346 (2004) [Per J. Puno, Second Division] citing I
REGALADO, REMEDIAL LAW COMPENDIUM 6)7 (1999).
3
See Bokingo v. Court of Appeals, 523 Phil. 186 (2006) [Per J. Callejo, Sr., First Division].
4
See Rules OF COURT, Rule 58, sec. I.
5
G.R. No. 143994. July 11, 2002.
6
Idolor v. Court of Appeals, 351 SCRA 399, February 7, 2001.
7
Cagayan de Oro City Landless Residents Assoc., Inc. v. Court of Appeals, 254 SCRA 220, March 4, 1996.
8
Olalia v. Hizon, 196 SCRA 665, May 6, 1991.
9
Del Rosario v. Court of Appeals, 255 SCRA 152, March 15, 1996.
10
Saulog v. Court of Appeals, 262 SCRA 51, September 18, 1996.
11
Toyota Motor Philippines Corporation v. Court of Appeals, 216 SCRA 236, December 7, 1992.
12
Lopez v. Court of Appeals, 322 SCRA 686, January 20, 2000.
13
Buayan Cattle Co., Inc. v. Quintillan, 128 SCRA 276, March 19, 1984; citing 43 CJS 433.
"Sec. 3. Grounds for issuance of preliminary injunction. – A preliminary
injunction may be granted when it is established;
(a)That the applicant is entitled to the relief demanded, and the whole or part
of such relief consists in restraining the commission or continuance of the act or acts
complained of, or in requiring the performance of an act or acts, either for a limited
period or perpetually;
(b)That the commission, continuance or non-performance of the act or acts

complained of during the litigation would probably work injustice to the applicant; or
(c)That a party, court, agency or a person is doing, threatening, or is

attempting to do, or is procuring or suffering to be done, some act or acts probably in
violation of the rights of the applicant respecting the subject of the action or
proceeding, and tending to render the judgment ineffectual."
TEMPORARY RESTRAINING ORDER
A temporary restraining order is an injunctive relief and preservative remedy

for the protection of substantive rights and interests. (AUSTRALIAN
PROFESSIONAL REALTY, INC., et al. vs. MUNICIPALITY OF PADRE GARCIA
BATANGAS PROVINCE. G. R. No. 183367. March 14, 2012) Under Section 5, Rule
58 of the Rules of Court, a TRO may be issued only if it appears from the facts
shown by affidavits or by the verified application that great or irreparable injury would
be inflicted on the applicant before the writ of preliminary injunction could be heard.
GREAT OR IRREPARABLE INJURY WOULD BE INFLICTED ON PLAINTIFF
Further actions from the BuCor must be enjoined because the evidence
elicited demonstrates that ______________. There is a likelihood that great or
irreparable injury will be sustained by plaintiff if the restraining order is denied, as
compared to the harm that the defendant is likely to suffer if the order is granted.
PRAYER
WHEREFORE, premises considered, Plaintiff prays for the immediate hearing

on his/her application for TRO and/or Preliminary Injunction, to stop what s/he
believes to be an assault by the State (BuCor) on his/her rights as qualified
beneficiary granted under EO 75.
Plaintiff likewise pray for such other or further relief as may be just and
equitable under the premises.
Quezon City for Puerto Princesa, 4 April 2019.
ELIGIO B. LOFRANCO
Counsel for Plaintiff
16 Pantabangan Street, NAPOCOR Village
Brgy. Pasong Tamo, Tandang Sora Quezon City
Roll of Attorneys No. _____
PTR No. _______
IBP No. __________/ MCLE etc.
Copy Furnished:
EXPLANATION
This verified complaint is being personally filed with the Honorable Court, but
due to time and personnel constraints, it is being served on Defendant by registered
mail, as submitted in compliance with the requirements of the Rules of Court.
Eligio B. Lofranco

Complaint With TRO

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Complaint With TRO

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Republic of the Philippines

Regional Trial Court

Plaintiff Civil Case No. ___________

Plaintiff is now, and at all times relevant to this action, a resident of

Defendant, is a __________, (state all relevant information about the parties)

INTRODUCTION and FACTUAL ALLEGATIONS

THE STANDARD FOR INJUNCTIVE RELIEF IS SATISFIED BY PLAINTIFF

There is a meritorious ground for the issuance of a temporary restraining

Injunction is defined as "a judicial writ, process or proceeding whereby a party

In LOS BAÑOS RURAL BANK, INC. v. PACITA O. AFRICA 5, it has been

Moreover, injunction, like other equitable remedies, should be issued only at

In deciding whether to issue a writ of preliminary injunction, the trial court

The grounds for the issuance of a writ of preliminary injunction are

(b)That the commission, continuance or non-performance of the act or acts

(c)That a party, court, agency or a person is doing, threatening, or is

TEMPORARY RESTRAINING ORDER

A temporary restraining order is an injunctive relief and preservative remedy

GREAT OR IRREPARABLE INJURY WOULD BE INFLICTED ON PLAINTIFF

WHEREFORE, premises considered, Plaintiff prays for the immediate hearing

Quezon City for Puerto Princesa, 4 April 2019.

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