REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

_______________ JUDICIAL REGION
SAN PABLO CITY CITY, BRANCH ____
CRISTINA OCAMPO-FERRER,
Plaintiff,
- versus AGATON MADRONA,

CIVIL CASE NO. _________

For:
Injunction
and
damages with prayer for
the Issuance of Writ of
Preliminary
Injunction
and
Temporary
Restraining Order

Defendant.
x ---------------------------------------------x

COMPLAINT FOR INJUNCTION AND DAMAGES

With Prayer for Preliminary Injunction and Temporary
Restraining Order (TRO)
Plaintiff, by counsel, and unto this Honorable Court, respectfully
alleges that:
1.
Plaintiff Cristina Ocampo- Ferrer1 is of seventy two (72) years
old, Filipino, widow, and with residential address at No. 91 Mayon St.,
Greenvalley Subd., Barangay San Francisco, San Pablo City, Laguna. She
may be served with summons and other court processes at the business
address of the undersigned counsel at G6 FRC Building, Taft Ave., Pedro
Gil, Malate, Manila;
2.
Defendant Agaton Madrona is of legal age, Filipino, and a
resident of Greenvalley Subd., Barangay San Francisco, San Pablo City,
Laguna where he may be served with summons and other court processes;
3.
Plaintiff is a reputable behaviorist, social worker and a civic
leader who practices her profession at home. She is engaged in her
profession for more than forty (40) years. Her income is derived mainly on
her professional fee as a an expert in human behavior and pensions;
4.
Sometime in the year 2012, herein plaintiff transferred her
residence from Aniban, Bacoor, Cavite to San Pablo, Laguna. The plaintiff
first stayed at Unit 8, Dale Apartment, Greenvalley Subdivision cor. Brucal
St., San Pablo City but later transfer to her new and current address at No.
91 Mayon St., Greenvalley Subd., Brgy. San Francisco, San Pablo City;
1

Hereinafter referred to as plaintiff for brevity

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5.
Plaintiff encountered numerous problems caused by herein
defendant during the formers initial stay in her new address ranging from
meter tampering, uttering verbal abuses such as aswang, impakta,
mamatay ka sana and other similar words, throwing dead rats, snake and
cats, and peeing in her presence, among others2;
6.
For this reason the plaintiff was forced to have a Closed-circuit
3
television camera installed in her house to prevent the defendant from
doing the above-mentioned acts to the plaintiff. However, the installation
of such CCTV camera failed to deter the respondent from pursuing his
wrongful acts against herein plaintiff;
7.
Despite all efforts to have the defendant stop his wrongful acts
and utterances against herein plaintiff, still the defendant continued his
malevolent ways against herein plaintiff;
8.
Defendant in doing these unlawful acts (threatening, harassing
and attempting to harm) against the person of the plaintiff, despite all
efforts to have the defendant stop lawfully and amicably, demonstrates that
the former will not stop as long as the latter is alive. The plaintiff cannot
just sit back and allow the defendant to harass her until the day she dies;
9.
Accordingly, plaintiff was left with no other remedy but to
permanently prevent the defendant of his endless threats and harassment by
filing an action before this Honorable Court in order to protect herself and
her profession and advocacy of helping the community that are at stake
because of the unlawful and malicious actions of herein defendant against
her;
10. Based on the foregoing facts, defendant is clearly and
undeniably disrespecting and perturbing the peace of mind of herein
plaintiff. The said events adversely affected her profession, her treatment to
people with behavioral problems and her civic works because of the
lingering thought that defendant will return again and make a scene in her
house or events where her civic works are being held. Herein plaintiff is
worried from time to time that defendant would destroy her reputation
within the community by reason of his utterances and unlawful acts.
11. Plaintiff also cannot peacefully sleep and can no longer
concentrate in her profession and civic works. Evidently, defendant is also
disturbing the private life of the plaintiff as the acts of the former caused
distractions to the latter which seriously and deeply affects herself and her
family;

2
3

A copy of the excerpt of police blotter is attached herein as Annex A to prove some of those acts
Hereinafter referred to as CCTV for brevity
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12. Plaintiff just like any ordinary person has the right to dignity,
privacy and peace of mind and such rights must be respected. Corollary,
defendant has the duty to respect such rights otherwise he can be held liable
for damages. Hence, there is a clear legal right of the plaintiff which is
material and substantial under Article 26 (2) of the New Civil Code which
provides:
Article 26. Every person shall respect the dignity,
personality, privacy and peace of mind of his neighbors
and other persons. The following and similar acts,
though they may not constitute a criminal offense, shall
produce a cause of action for damages, prevention and
other relief:
(1) x x x;
(2) Meddling with or disturbing the private life or
family relations of another;
(3) x x x;
(4) x x x.
And, Article 19 of the New Civil Code which also provides, that:
Art. 19 Every person must, in the exercise of his rights and in the
performance of his duties, act with justice, give everyone his due,
and observe honesty and good faith.
As herein defendant undeniably disrespects and perturbs the peace of
mind of herein plaintiff and consistently troubling and disturbing the private
life of plaintiff, the latter has a clear and legal right to be protected as against
herein defendant who purposely violated the same;
13. It is unquestionable that the practice of behavioral science
directly affects the very lives of the people/patients and for this reason it
requires the behaviorist to be more vigilant in the exercise of his/her
profession. Herein plaintiff as a behaviorist exercised due diligence in the
performance of her work but because of the threats, harassment and
distractions caused by herein defendant, the latter is so affected that her
performance is compromised and if these unlawful acts of defendant
continue, plaintiffs existing patients will be seriously affected as well as
her reputation and profession;
14. Defendant should respect the peace of mind of herein
complainant as the latter is entitled to the same under the law. In addition,
her profession and civic works involves public interest and requires
extraordinary diligence, and such diligence can only be exercised if plaintiff
can focus and has peace of mind. Clearly then, it is not only the plaintiff
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who will be seriously affected but her existing clients as well if defendant
will not be restrained in threatening and harassing the plaintiff;
15. There is an urgent and permanent necessity to restrain herein
defendant in threatening and harassing the plaintiff to prevent serious
damage to her reputation, family and her profession and civic works;
16. There is already an existing damage done in the life of herein
plaintiff caused by the defendant and plaintiff is so certain that defendants
threats and harassments will still continue and will escalate to the extent
that there will be an irreparable damage that will endanger her life,
profession, family and civic works if it will not be stopped;
17. The sufferings experienced by herein plaintiff caused by the
defendant is enough for the latter to give up and lose hope, however, he got
legal advice and was given hope that there is a legal remedy which this
Honorable Court may grant to her to save her reputation, profession and
civic works by according him her right to dignity, privacy and peace of
mind.
18. Instead of putting the law into her own hands, plaintiff opted to
file this action against herein defendant for justice to be served.
JUSTIFICATIONS/ALLEGATIONS IN SUPPORT
FOR THE ISSUANCE OF PRELIMINARY INJUNCTION
AND TEMPORARY RESTRAINING ORDER
Plaintiff therefore hereby re-pleads by way of reference the foregoing
allegations and further state:
1.
As may be shown by the above-mentioned facts and
circumstances, herein plaintiff is entitled to the relief which is being sought
consisting of enjoining or restraining the defendant from threatening and
harassing the plaintiff in her place of residence and other places where she
may conduct her civic programs.
2.
The threats and harassment of herein defendant in the residence
and place of workshops if not restrained, would cause grave and irreparable
injury to herein plaintiff and would work injustice to her.
3.
The right of the plaintiff sought to be protected by the
T.R.O./Preliminary Injunction being prayed for herein is material and
substantial. Defendant will divest her of her right to privacy and peace of
mind without legal and justifiable reason. The Plaintiffs right to privacy
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and peace of mind was violated by the defendants continued threats,

harassment and disturbance against the former.
4.
Plaintiff is willing to post a bond in accordance with the
provisions of applicable laws in an amount as may be fixed by this
Honorable Court.
5.
Plaintiff thus pray that a Temporary Restraining Order be
immediately issued to restrain the defendant from threatening, harassing,
communicating and disturbing herein plaintiff, and that, after due notice and
hearing of the prayer for a preliminary injunction, a Writ of Injunction shall
be issued by this Honorable Court in connection thereto.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed by
plaintiff before this Honorable Court that
1. Immediately upon the filing of this application, this Honorable
Court conduct a hearing on plaintiffs application for the issuance of a
Temporary Restraining Order effective for twenty (20) days, restoring the
parties to their last peaceable and uncontested status before the controversy
started, and prohibiting and enjoining the defendant from: (a) harassing
herein plaintiff; and (b) threatening herein plaintiff;
2. During the 20-day effectivity of the TRO and upon due notice and
evidentiary hearing, this Honorable Court issue a writ of preliminary
injunction prohibiting and enjoining the defendant from: (a) harassing herein
plaintiff; and (b) threatening herein plaintiff; until the issues raised in the
complaint are determined with finality.
3. After proper proceedings in the main case, this Honorable Court
convert the preliminary injunction to a permanent one, conformably to such
favorable judgment as may be rendered by the Honorable Court in this case.
Other equitable reliefs are likewise prayed for.
Manila City for San Pablo City, 11 July 2014.

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