Republic of the Philippines REGIONAL TRIAL COURT 6th Judicial Region Branch 65 Jordan, Guimaras JANICE L. DULOTAN Plaintif
Civil Case No. 22320-13-4724 For: ANNULMENT /CANCELLATION OF TITLES, RECOVERY OF POSSESSION WITH SPECIFIC PERFORMANCE AND DAMAGES
Versus NANDIE JOY A. DILAG, RONEL A. DILAG Defendants x------------------------------x COMPLAINT COMES NOW, Plaintiff, by the undersigned counsel, unto this Honorable Court most respectfully states: 1. That plaintiff is of legal age, single, Filipino and a resident of Brgy. Piña, Buenavista, Guimaras, Philippines; 2. That Defendants are both of legal age, Filipino and residents of Brgy. Pandaraonan, Nueva Valencia, Guimaras where they may be served with summons and other Court processes; 3. That plaintiff is the lawful purchaser of a lot with Lot No. 2228, Psd06-013042 covered by Transfer Certificate of Title No. 8372 situated in Barangay Pandaraonan, Municipality of Nueva Valencia, province of Guimaras, Philippines consisting of Two Thousand (2, 000) square meters by virtue of a Deed of Absolute Sale docketed as Doc. No. 165; Page No. 40; Book No. VI, Series of 1978 in the notarial book of Notary Public, Atty. Protacio Caguiuan. Copy of TCT No. 8372 and Deed of Absolute Sale are hereto attached as Annex “A”; 4. That in Order to protect plaintiff rights’ and interest over the subject property, a Notice of Adverse Claim was filed at the Register of Deeds Province of Guimaras subscribed before the notary public. Copy of adverse claim is hereto Attached as Annex “B”; Page | 1
5.
That the said adverse claim was annotated over Lot 8372 under entry no. 30456;
6. That the previous owner, Mr. Rommel D. Dilag died without an issue on August 1980 leaving his children, Nandie Joy A. Dilag and Ronelo A. Dilag as heirs; 7. That it is a clear fact that before Mr. Rommel D. Dilag died on August 9, 1980, he executed a Deed of Absolute Sale on December 29, 1978. By virtue of the subject sale, plaintiff attempted for several times to get the duplicate copy of the title for the eventual transfer to his name however, defendants deliberately refused to surrender the subject title; 8. That plaintiff was surprised when she received information that defendants subdivided the subject property without his knowledge and with prejudice on his part who has rights and interest over the subject property, worst, the original title was cancelled and defendants Nandie Joy A. Dilag and Ronelo A. Dilag, both single were issued a Certificate of Title No. T 21382 on March 12, 1982. Plaintiffs’ adverse claim is still carried over on the said title. Copy of title is hereto attached as Annex “C”; 9. That eventually, defendants were issued a separate title, to wit: T21383 to Nandie Joy A. Dilag, and T- 21384 to Ronelo A. Dilag by virtue of subdivision agreement. Copy of titles are hereto attached as Annexes “D”, "E", respectively; 10.
That defendants continued to introduce improvements on the
subject lot belonged to the plaintiff and collecting rental thereon despite plaintiff's opposition. This prompted plaintiff to report to the Philippine National Police and file a complaint before the Office of the Lupong Tagapamayapa but it failed. Copy of police blotter and certificate to file action is hereto attached as Annexes “F” and “G” respectively. 11. That the assessed value of the property already exceeded Fifty Thousand Pesos ( P 50, 000.00) 12.
That by reason of the unlawful refusal of the defendants to
deliver the title of the
subject premises despite numerous
demands, he was forced to hire the services of counsel in the Page | 2
amount of P 70,000.00 as attorneys fees and P2, 500 per Court appearance and P10,000.00 as cost of suit.
PRAYER WHEREFORE, premises considered, it is most respectfully prayed that judgment be rendered: 1. CANCELLING T- 21383 in the name of Nandie Joy A. Dilag, and T- 21384 in the name of Ronelo A. Dilag; 2. To leave the premises including the improvements made thereon; 3. ORDERING defendants to pay attorneys fees in the amount of P70,000, P2,500.00 per appearance and 10,000 as cost of the suit
Plaintiff further pray for such other relief and remedies deemed just and proper in the premises. June 19, 2014. Iloilo City, Philippines.
GENEVIEVE D. PENETRANTE
Republic of the Philippines) City of Iloilo) Sc. x---------------------------------------------x
Counsel for the Plaintif c/o Provincial Capitol Bonifacio Drive, Iloilo City IBP No. 946555/ 1-02-14/Iloilo City PTR No. 2150922/1-02-14 /Iloilo Roll No. 39116 MCLE Compliance No. IV-0049441 March 21, 2013 Tel No. (033) 337 4727
VERIFICATION/CERTIFICATION I, JANICE L. DULOTAN , Filipino, of legal age, single, and a resident of Barangay Pinia, Buenavista, Guimaras after having been duly sworn in accordance with law, depose and say: Page | 3
1. I am the plaintiff in the above-entitled case; 2. I have caused the preparation of this Complaint; 3. I have read and understood the contents of the same and that the allegations stated therein are true and correct to the best of my personal knowledge and based on the authentic records; 4. That I hereby certify that at the time of the filing of this complaint , I have not commenced any other action involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency; that to the best of our knowledge, no such action is pending or was terminated in the Supreme Court, similar action has been filed or is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency wherein the original pleading and sworn certification has been filed. IN WITNESS WHEREOF, I have hereunto affixed our signatures this 19th day of June , 2014 at Iloilo City, Philippines.
JANICE L. DULOTAN Affiant JURAT/NOTARIAL CERTIFICATE The principal/affiant whose name and personal circumstances are stated above appeared in person before me this 19 th day of June, 2014 in the City of Iloilo, presented the foregoing verification/certification, signed the same in my presence, and affirmed or swore under oath to the truth and correctness of the contents or allegations of the same. The principal/affiant is personally known to me and they exhibit to me his Driver’s License No. 00316345 issued on May 9, 2012 at LTO Office, Iloilo City. Doc. No. 160; Page No. 85; Book No. V; Series of 2014.
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