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Republic of the Philippines

REGIONAL TRIAL COURT


Second Judicial Region
BRANCH 23
Roxas, Isabela

RENATO NITURA and


AMORLITA NITURA

Civil Case No. 23-853-06

Plaintiffs,
-- versus -Civil Case No. _______
For:
Annulment of Title
SPOUSES RODOLFO MATA
And HELEN MATA
Defendants,
x------------------------------------------------------x
COMPLAINT
The plaintiffs assisted by counsel complain against the defendants, and for
cause of action, respectfully states:
1. That Plaintiff Renato Nitura is of legal age and a resident of Agoo, La Union
while Plaintiff Amorlita Nitura is also of legal age and a resident of San
Rafael, Roxas, Isabela;
2. That plaintiff Renato Nitura, being in Laguna and being a co-owner,
appointed his wife, Amorlita Nitura, as Attorney-in-Fact, as evidence by
Doc. No., Page No., Book No., Series of__ for purposes of prosecuting this
case;
3. That Defendants are also of legal age, Filipino citizens, and residents of
Centro 4, Callang, San Manuel, Isabela and the Register of Deeds of
Isabela with office at Ilagan, Isabela where they may be served with
summons and other processes of this Honorable Court.
4. That Plaintiffs are the registered and lawful owners of a parcel of land
located at Callang, San Manuel, Isabela, covered under Transfer Certificate
of Title No. T-286088, and more particularly described as follows:
A parcel of land Lot No. 1578 of the Gamu Public Lands
Subdivision, Pls-62, Cadastral Case No. N-2 LRC Cadastral
Redords No. N-16 with the improvements thereon situated in
the Callang Residential Site, Municipality of Gamu, Province of
Isabela. Bounded on the NE., points 1-2 by Lot 1577; on the
NW., points 2-3, by lot 1576; on the NE., points 3-4, by Road;
and on the SE., points 4-1, by Lot 1579. Containing an area of
SEVEN HUNDRED AND FIFTY ONE (751) square meters, more or
less
Attached herewith is a certified true copy of the TCT No. T-286088
and made an integral part of this complaint;
5. That herein Defendants, acting fraudulently and under false pretenses
applied for a Free Patent on the land owned and registered under the
name of Renato Nitura and Amorlita Nitura;
6. That because of the fraudulent acts and false pretenses of the defendants,
Katibayan ng Orihinal na Titulo Blg. P-78913 was generated to the
prejudice of Spouses Renato nitura and Amorlita Nitura;

7. That the Title of the defendants have arisen from fraud, false pretenses
and misrepresentation and must necessarily be cancelled and voided and
that the title of the plaintiffs be declared as the lawful and valid one;
8. That to cite the defendants as an example for good of the public and to
forestall other individuals from acting in a similar manner, exemplary
damages at no less than P30,000.00 must be awarded to the plaintiffs;
9. That to aid plaintiffs in the recovery of the property, they have been
compelled to secure the services of counsel whose fees are agreed upon in
the amount of P50,000.00.
PRAYER
WHEREFORE, it is respectfully prayed of this Honorable Court, after due
trial that judgment be rendered ordering:

a. The cancellation of Katibayan ng Orihinal na Titulo Blg. P-78913 in the name of


Spouses Rodolfo Mata and Helen Mata;

b. That Transfer Certificate of Title No. T-286088 in the name of spouses Renato
Nitura and Amorlita Nitura to be the lawful and Valid one;
The defendants to pay moral damages in the amount of P30,000.00;
The defendants to pay exemplary damages in the amount of P30,000.00; and

c.
d.
e. The defendants to pay P50,000.00 as and by way attorneys fees.
Plaintiffs further pray for such other reliefs which are just and
equitable under the premises.
Roxas, Isabela, June 11, 2010.

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