Republic of the Philippines REGIONAL TRIAL COURT 11th Judicial Region Tagum City Branch 13
MARLO LARROSA, Plaintiff,
CIVIL CASE NO. 2645
-versus-
ANGEL MAY YAMAS, efendant! ! ! ! ! ! ! ! ! ! ! ! ! !
FOR: QUIETING OF TITLE AND/OR RECOVERY OF OWNERSHIP, CANCELLATION OF CERTIFICATES OF TITLES, DAMAGES AND ATTORNEY’S FEES
COMPLAINT
COMES NOW, NOW, Plainti Plaintiff ff throug through h the unders undersign igned ed counse counsel, l, unto unto this this "onorable Court, most respectfully alleges, T"#T$
T"# P$%&'#( 1! Plaint Plaintiff iff,, of legal age, age, %ilipi %ilipino, no, married married,, and a reside resident nt of &a'ati &a'ati,, &etro &anila, has the capacity to sue and be sued and may be serv se rved ed
(ith (ith no noti tice ces s and and othe otherr co cour urtt proc proces esse ses s thro throug ugh h the the
undersigned counsel #ttorney Jenifer Paglina(an )a( %irm , Tagum City, avao del *orte+ ! efendant, efendant, of legal legal age, %ilipino %ilipino,, (ido(, has has the capacity capacity to be sued sued and and to sue, sue, and and a resid residen entt of o obr brec ecar ary y t tre reet et Ph Phas ase e ., iso ison n ubdivision, Tagum City, (here she may be served (ith summons, notices and other court processes+
T"# C$)(# *+ A&'*3! Plai Plaint ntif ifff is the the uncl uncle e of the the defe defend ndan ant/ t/s s husba husband nd,, the the late late #t #tty ty!! Johny 0amas+
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.! efendant/s husband (as the legal counsel of the plaintiff and of the plaintiff/s entire corporation located at Tagum City, the Tagum evelopment Corporation+ ! ometime in January 12, 1, plaintiff (anted to purchase a parcel of land located at ison ubdivision and covered under TCT N*. T! !22
but due to the fact that plaintiff is permanently
residing in &anila, there (ere some legal inconveniences (hich caused delay to the transaction+ 4! efendant/s husband then suggested that in order to e5pedite the transaction of purchasing the said parcel of land, the purchase must be placed under the name of his (ife, the herein defendant or under his name and the same be held in trust for the plaintiff and under the clear agreement that later on the said land (ould be reconveyed to the real o(ner, the herein plaintiff+ 2! Though at first, the plaintiff (as reluctant to the said suggestion, he conceded to the proposal under the assurance of the defendant/s husband that a pecial Po(er of #ttorney (ould be e5ecuted by the latter and by the defendant in favor of the plaintiff authori6ing the latter to sell the said parcel of land and to receive the proceeds thereof! #ttached as A--# E0 hereof is the pecial Po(er of #ttorney dated January 2, 1 and made an integral part of this hereof+ 7! Thus, said transaction (as pursued (herein the defendant/s husband stood as the vendee (ith the purchase price furnished by the plaintiff and under the agreement they had previously agreed+ 8! 9n %ebruary , 1, the said transaction (as registered (ith the Registry of eeds and subse:uently the copy of the o(ner/s
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duplicate copy of title (as issued but the same (as right a(ay delivered to the plaintiff and had never been in the possession of the defendant nor by his husband and the corporation of the plaintiff from then on too' possession of the said parcel of land and paid all real estate ta5es that (ere due from the time of ac:uisition up to the present+ 1!
TCT *o! T-111- (as later on subdivided into four parcels of
land covered under TCT *os! 13., 427, .42, and 4278! TCT *os! 13. and 427 and (as conveyed to the plaintiff but the remaining t(o (ere not due to the death of the defendant/s husband! #ttached as A--# F0 hereof is the eath Certificate of #tty! Timothy Te+ 11!
9n &arch 4, 1 another parcel of land located at ison
ubdivision and covered by 9CT *o! 111 (as purchased under the same agreement! Thus, the title (as registered to the #tty! Johny 0amas as the trustee of the plaintiff+ 1!
The herein defendant (ho had long been separated from her
husband even before the latter/s death filed a petition for the issuance of ne( o(ner/s duplicate copy of TCT *o! T-111- alleging that the said duplicate copy is lost on 2 ecember 1! #ttached as A--# A0 hereof is the machine copy of the said petition+ 13!
Plaintiff being the real o(ner of the said land (hich is only held
in trust by the defendant and having the possession of the o(ner/s duplicate copy of TCT *o! T-111- since it (as issued by the Registry of eeds of avao del *orte, opposed the said petition on
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the ground that the same is not lost! #ttached as A--# G0 hereof is the copy of the said 9pposition+ 1.!
Plaintiff is constrained to secure the services of counsel to
enforce and protect his rights and have incurred P"1 , for acceptance fee!
PRAYER
WHEREFORE, PREMISES CONSIDERED, it is most respectfully prayed that, after hearing, ;udgment be rendered$
1! eclaring the plaintiff as the la(ful o(ner of TCT N*. T!!22 situated at ison ubdivision Tagum City, avao del *orte+
! Removing all the clouds hovering on the title of the plaintiff particularly the malicious claim of the efendant over it3
3! Canceling the titles namely
TCT No. in
the name of ANGEL
MAY YAMAS to give (ay to the processing of the Certificates of Titles in the name of the plaintiff after he
has complied (ith the
re:uirement of registration in the Registry of eeds+
.! 9rdering the efendant to sign (hatever necessary documents to effect transfer of title of the land to the Plaintiff+
! 9rdering the efendants to pay Plaintiffs attorney/s fees in the amount of P"1 , and e5penses of the suit!
Plaintiffs pray for such other relief ;ust and e:uitable under the premises!
MARLO LARROSA Plaintiff #ssisted by$ P#<)=*#>#* )#> 9%%=C?
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Republic of the Philippines@ City of Tagum @s!s! 5 - - - - - - - - - - - - - - - - -5
V E R I F I C A T I O N/ C E R T I F I C A T I O N =, SANTIAGO CUA, of legal age, %ilipino, married and a resident of Paco, &etro &anila, Philippines, after having been duly s(orn to in accordance (ith la(, hereby depose and say$ That = am the Plaintiff in the above-entitled case+ That = have caused the preparation and filing of the same+ That all the facts alleged therein are true and correct on my o(n 'no(ledge and belief and authentic records+ That = have not heretofore commenced any other action or proceeding including the same issues in the upreme Court, the Court of #ppeals, or any other tribunal or agency+ That no such action or proceeding is pending in the upreme Court, the Court of #ppeals, or different ivision thereof, or any other tribunal or agency+ That if there is such action or proceeding (e shall state the status thereof+ That should = thereafter learn that a similar action or proceeding has been filed or is pending before the upreme Court, the Court of #ppeals, or different ivision thereof, or any tribunal or agency, (e (ill underta'e to promptly inform the aforesaid courts and such other tribunal or agency of that fact (ithin five A@ days therefrom! IN WITNESS WHEREOF, = have hereunto affi5ed my signature this at , Philippines! SANTIAGO CUA #ffiant SUSRIED AND SWORN to before me this at , Philippines! oc! *o! + Page *o! + Boo' *o! + eries of 1!
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