REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES

CITY OF OLONGAPO, BRANCH _____

M. WASEEM
INTERNATIONAL TRADING
CORPORTION, HAMZA
SHABBIR and ZEESHAN
ASHRAF
Plaintiffs,

-versus- Civil Case No. ____________

For: Forcible Entry with Prayer

for the immediate issuance
of a Writ of Preliminary
Mandatory Injunction
and/or Temporary
Restraining Order with
Damages.
RODALYN GUINTO-HANIF,
MUHAMMAD HANIF,
“JOHN DOE”, “JANE DOE”
and several other “DOES” are
unknown individuals acting under
her supervision and control.

Defendants.
x------------------------------------x

MEMORANDUM
(For the Plaintiffs)

Plaintiffs, by their undersigned counsels, respectfully allege -

THE PARTIES

1. Plaintiff, M. WASEEM INTERNATIONAL TRADING

CORPORTION (“WASEEM”, for short) is a corporation duly organized
and existing under and by virtue of Philippine Laws with principal office
address 70-B Innovative Street, Subic Bay Gateway Park, Subic Bay
Freeport Zone where it may be served with summons, notices and other
processes of this Honorable Court. through the undersigned counsel. It
had authorized its Assistant General Manager Hamza Shabbir and
Operative Assistant Zeeshan Ashraf by its duly elected Board of
Directors to file and prosecute this action pursuant to the attached
Secretary’s Certificate and accompanying latest General Information
Sheet (“GIS”) filed with the Securities and Exchange Commission1.

2. Plaintiffs HAMZA SHABBIR (“Hamza”, for short) and

ZEESHAN AHSRAF (“Zeeshan”, for short) are both of legal age,
Citizens of Pakistan, and with office address at 35 Lot 70A Innovative
Street, Subic Bay Gateway Park, Subic Bay Freeport Zone, SBMA,
Olongapo City and can be reached with summons, notices and other court
processes either at said office address or through The Law Firm of Perlas
De Guzman and Partners with office address at Suite 3302 C, 33/F,
Philippine Stock Exchange Centre, West Tower, Exchange Road, Ortigas
Center, Pasig City, 1605 Metro Manila.

3. Defendant RODALYN GUINTO-HANIF (“RODALYN”)

is a Filipino Citizen, of legal age, married to Muhammad Hanif
(“MUHAMMAD”) and may be served with summons and other court
processes at 30 75-B Innovative, SBGP, Subic Bay Freeport Zone,
Zambales.

4. MUHAMMAD HANIF is hereby impleaded as a formal

party defendant pursuant to Section 4, Rule 3 as the husband of
RODALYN.

5. “JOHN DOE”, “JANE DOE” and other DOES are

individuals who acted under the control and supervision of RODALYN in
the pursuit of the causes of action subject of this case and are thus
impleaded and sued herein pursuant to Section 14, Rule 3 as unknown
defendants and this complaint will be amended accordingly once their
identities or true names are later discovered.

STATEMENT OF THE CASE

1 Attached as Annexes A and B in the Complaint.

2
 6. On _________ plaintiffs filed a Complaint for Forcible Entry
against herein defendants.

7. On _____ defendants received summons issued by the

Honorable Court to file an answer.

8. On ______________, defendant Rodalyn Guinto-Hanif filed her

answer against the plaintiff

9. On ______________-, preliminary conference was held in the

presence of the plaintiff, defendant and their respective counsels.

10. Accordingly, after presentation of evidence, the Honorable

Court ordered the parties to submit their respective Memoranda fifteen
(15) days from notice, otherwise, the case is deemed submitted for
decision.

STATEMENT OF FACTS AND

ANTECEDENT PROCEEDINGS

11. WASEEM is a Tenant/Locator at the SBMA Industrial Park

situated in Innovative Street, Subic Gateway Park, Subic Bay Freeport
Zone, Philippines with an area of 5,000 square meters, more or less
(hereinafter referred to as the (“YARD”) which it had leased from
SBDMC, INC. for a period of THIRTY EIGHT (38) years commencing
14 October 2009. A photocopy the Industrial Lease Agreement2 .

12. In this leased area – WASEEM conducts a trading business of

assorted merchandise consisting of agricultural equipment, industrial
machinery and assorted imported motor vehicles where it holds its main
offices equipped with furniture, computers and other fixtures and in its
warehouse and open yard, on the other hand are kept on storage and/or
display for public sales of said merchandise (collectively referred to as
“UNITS”) and their related spare parts.

13. On 20 December 2016 - Muhammad Hanif as President

and his Filipina wife, defendant Rodalyn, both as stockholders of
WASEEM, willingly and voluntarily executed Deeds of Assignment
whereby RODALYN assigned and transferred her 367 shares of stocks to
HAMZA; whereas her husband – MUHAMMAD, his 380 shares of stock

2 Attached as Annex “C” in the Complaint.

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to ZEESHAN for a valuable consideration of P1,000.00 per share as
evidenced by their respective Deeds of Assignment dated 20 December
20163.

14. Thus, on 10 January 2017, a new set of Board of Directors

and Officers were duly elected in WASEEM among whom is HAMZA
and ZEESHAN and said election was duly reported in its 2017 General
Information Sheet (Annex “B” hereof).

15. A few weeks thereafter sometime in January 2017

MUHAMMAD suffered a severe heart stroke paralyzing half of his body
and regrettably started to exhibit symptoms of Dementia – causing him
to hallucinate and disconnect with reality, resulting on the filing on 10
November 2017 of a malicious and baseless complaint4 in the Bureau of
Immigration (“BI” for short) against the herein individual plaintiffs and
the other stockholders of the Corporation where RODALYN acting on his
behalf in effect repudiated and reneged on these stock assignments by
ignoring them and acting as if they are still officers and stockholders of
WASEEM.

16. Thereafter, on 17 December 2017 at around 4:30 AM or

thereabouts, RODALYN together with about 20 individuals armed with
high caliber firearms and other dangerous weapons and taking advantage
of the early morning and expected long Christmas Holidays, with the use
of superior force and threats of violence unlawfully, feloniously and
criminally entered by breaking its locked gates and trespassed into the
leased warehouse/office compound of WASEEM and ordering its
employees/caretakers to vacate the YARD or else they will be shot thus
forcing them to quickly flee to save their lives.

17. Immediately thereafter, plaintiffs sought the police

assistance of both the SBMA Law Enforcement Department and the
Olongapo Police Force but despite the presence of many peace officers in
the premises and plaintiffs’ accompanying demands that they
immediately restore their possession of the premises that were forcibly
taken by force and violence, their demands were arrogantly and
scandalously denied, to the great damage and prejudice of plaintiffs.

3Attached as Annexes “D” and “E” in the Complaint

4
The copy of the Complaint and Order are attached as ANNEXES “F” and “G” in the
complaint.
4
 18. As will be explained hereunder, the consequence of this
illegal and violent occupation by defendants of plaintiffs’ leased
premises, they suffered and are still suffering irreparable damages as will
be explained hereunder defendants are not only blatantly defying and
haughtily ignoring the legitimate demands of plaintiffs to return the
legitimate possession of the leased premises and despite the presence of
SBMA and Olongapo Police authorities in the premises, defendants are
now publicly carting and hurriedly hauling away trucks loaded with
assorted spare parts to their great damage and prejudice

ISSUE/S

I. WHETHER OR NOT RESPONDENT WITH THE USE

OF FORCE, THREAT AND INTIMIDATION FORCIBLY
ENTERED THE PREMISED OF THE PLAINTIFFS

DISCUSSION/S

I. WHETHER OR NOT RESPONDENT WITH THE USE

OF FORCE, THREAT AND INTIMIDATION FORCIBLY
ENTERED THE PREMISED OF THE PLAINTIFFS

19. Plaintiff is the lawful possessor of the leased premises and

all the assorted motor vehicles and spare parts inside the YARD and is
legally entitled to their full recovery and continued peaceful possession in
order to continue its ongoing business it had been legitimately operating
for the past 11 years publicly and openly in the SBMA economic zone
since 2004.

20. The Supreme Court in G.R. No. 174191 , January 30, 2013
NENITA QUALITY FOODS CORPORATION, Petitioner, vs.
CRISOSTOMO GALABO, ADELAIDA GALABO, and ZENAIDA
GALABO-ALMACBAR, Respondents. explained the elements of a
Forcible Entry to wit:

5
 “The plaintiff must allege and prove: (1) prior physical
possession of the property; and (2) unlawful deprivation of it by the
defendant through force, intimidation, strategy, threat or stealth”

21. Furthermore, in a forcible entry case, "a party who can prove
prior possession can recover such possession even against the owner
himself. Whatever may be the character of his possession, if he has in his
favor prior possession in time, he has the security that entitles him to
remain on the property until a person with a better right lawfully ejects
him."46 He cannot be ejected by force, violence or terror -- not even by
its owners.

22. Lastly, as plaintiff corporation was constrained to hire services

of counsel in order to protect its rights, defendants must be ordered to pay
plaintiff attorney’s fees and expenses of litigation in the amount of at
least Php 1,000,000.00.

PRAYER

WHEREFORE, it is respectfully prayed that upon the filing of this

complaint, the Honorable Court –

(a) Declare the plaintiffs as the true, rightful and

legal possessors of the leased area located at 35C, Lot 70A-1
located in Innovative Street, Subic Gateway Park, Subic Bay
Freeport Zone, Philippines and making the Writ of
Preliminary Mandatory Injunction and its Temporary
Restraining Order permanent by directing the defendants as
well as any and all individuals acting under control or
supervision or claiming rights under her to vacate the said
premises.

(b) Order the defendants to pay, jointly and

severally, the plaintiffs such actual, moral and exemplary
damages as they may successfully be proved during trial,
aside the cost of suit.

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 Plaintiffs likewise pray for other reliefs just and equitable in the
premises

Pasig City for the City of Olongapo, __ 2019.

THE LAW FIRM OF PERLAS DE GUZMAN

AND PARTNERS
Counsel for the Plaintiffs
Suite 3000 C, 33/F, Philippine Stock Exchange Centre
West Tower, Exchange Road, Ortigas Center
Pasig City, 1605 Metro Manila

By:

PTR No.2514523; 01/04/2017; Pasig City

IBP Lifetime Member No. 010673; Pasig City
Attorney’s Roll No. 60810
MCLE Compliance No. V-0014615; 02/29/16

VERIFICATION

HAMZA SHABBIR and ZEESHAN ASHRAF, after having

been duly sworn to in accordance with law, hereby depose and state that –

They are the duly authorized officers of WASEEM empowered to

file and prosecute this action in its behalf and plaintiffs who have caused
the preparation and filing of the foregoing Complaint, the allegations of
which are true and correct based on our personal knowledge and
authentic records at hand;

As plaintiffs in the above-entitled case, they are entitled to the

reliefs demanded on the complaint in whole or in part and such other
reliefs consist in ordering the defendants to restore and return to the
plaintiffs the prior possession of the leased premises as heretofore
described in this complaint and/or restraining the commission or
continuance of the illegal acts complained of by the defendants for either
a limited time or perpetually.
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 That other than criminal cases of Robbery (Anti Carnapping),
Grave Coercion, Malicious Michief and Other Forms of Tresspass that
we would soon file and commence before the Office of the City
Prosecutor of Olongapo City simultaneously with this case, we have not
commenced any other action or proceedings involving the same issues
involved in this Complaint, whether in the Supreme Court, the Court of
Appeals, or different divisions thereof, or any other tribunal or quasi-
judicial agency and that to the best of our knowledge, no such other
action or claim is pending therein and should we learn thereafter 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
shall notify this Honorable Court of such fact within five (5) days from
discovery of such fact.

SIGNED this _____day of 2019 in Olongapo City.

HAMZA SHABBIR ZEESHAN ASHRAF

Affiant Affiant

REPUBLIC OF THE PHILIPPINES)

OLONGAPO CITY, ZAMBALES ) S.S.

SUBSCRIBED AND SWORN to before me this ____ day of

January 2018; affiants exhibiting to me their Competent Evidence of
Identities, as follows:

Name Passport No. Date Issued Date Expiry

Zeeshan Ashraf
Hamza Shabbir

Doc No. ______;

Page No. ______;
Book No. ______;
Series of 2019.