Republic of the Philippines

Second Judicial Region

REGIONAL TRIAL COURT
Bambang, Nueva Vizcaya
Station Bayombong, Nueva Vizcaya

BRANCH 30

AURORA TUCAY, BENEDICTO

TUCAY, ROMILO TUCAY,
DIONISIA TUCAY, FELECIDAD
TUCAY- LAPLANO, RONALD
TUCAY & HERMENIGILDO
TUCAY, JR.,
Plaintiffs,
CIVIL CASE NO. 1101
For : ANNULMENT OF SALE,
-VERSUS- RECONVEYANCE, RECOVERY
OF POSSESSION, PARTITION
AND DAMAGES
OLIVA TUBERA (also TUBIRA),
JOLLY VILLEGAS and ELMER
VILLEGAS, and SPOUSES
MICHAEL M. VILLEGAS AND
LEA HERMOSOAND RODRIGO
TUCAY,
Defendants.
x-------------------------------------------------------x

COMPLIANCE

COME NOW the plaintiffs, through the undersigned counsel and

unto this Honorable Court most respectfully state that:

In compliance with the order of this Honorable Court, the undersigned

counsel for the plaintiffs hereby submits the Amended Complaint of the
plaintiffs dated April 20, 2015.

Respectfully submitted. April 20, 2015 at Bayombong, Nueva

Vizcaya.

FIDEL G. SANTOS
Counsel for the Plaintiffs
156 Bonfal West, Bayombong, Nueva Vizcaya
IBP OR No. 0987272; Jan.9, 2015
PTR OR No. 1565531; Jan. 5, 2015
MCLE No. IV-0010762; Dec. 21, 2012
Roll of Attorneys No. 48362
The Branch Clerk of Court
Regional Trial Court
Branch 30
Bayombong, Nueva Vizcaya

GREETINGS: Please submit the foregoing Compliance with the

appended Amended Complaint to the attention of the Honorable Court
immediately upon receipt hereof for its consideration and appropriate action
without need of further oral arguments.

FIDEL G. SANTOS
 Republic of the Philippines
Second Judicial Region
REGIONAL TRIAL COURT
Bambang, Nueva Vizcaya
Station Bayombong, Nueva Vizcaya
BRANCH 30

AURORA TUCAY, BENEDICTO

TUCAY, ROMILO TUCAY,
DIONISIA TUCAY, FELECIDAD
TUCAY-LAPLANO, RONALD
TUCAY & HERMENIGILDO
TUCAY, JR.,
Plaintiffs,
CIVIL CASE NO. 1101
For : ANNULMENT OF SALE,
-VERSUS- RECONVEYANCE, RECOVERY
OF POSSESSION, PARTITION
AND DAMAGES
OLIVA TUBERA (also TUBIRA),
JOLLY VILLEGAS and ELMER
VILLEGAS, and SPOUSES
MICHAEL M. VILLEGAS AND
LEA HERMOSO AND RODRIGO
TUCAY,
Defendants.
x-------------------------------------------------------x

AMENDED COMPLAINT
(With Application for Issuance of Writ of Preliminary
Injunction and/or Temporary Restraining Order)

COME NOW the plaintiffs, assisted by the Legal Aid Committee of

the IBP Nueva Vizcaya Chapter, through the undersigned counsel, and unto
this Honorable Court, most respectfully state that:

1. Plaintiffs are all of legal age, married, Filipinos and residents of

Banganan, Aritao, Nueva Vizcaya and for the purpose of this
second Amended Complaint, Ronald Tucay and Felecidad Tucay-
Laplano are hereby impleaded as plaintiffs who are likewise of
legal ages, all married, Filipino citizens, and residents ofs
Banganan, Aritao, Nueva Vizcaya;

2. Defendant Oliva Tubera (or Tubira) who is the mother of the plaintiffs
resides in Manggayang, Dupax del Sur, Nueva Vizcaya while her co-
defendants Jolly Villegas and Elmer Villegas are also of legal age,
married, Filipinos and residents of Banganan, Aritao, Nueva Vizcaya
where they could be served summons and other court processes; and
 that, also impleaded as defendants herein are the Spouses Michael M.
Villegas Lea Hermoso who may be served summons and court
processes at Banganan, Aritao, Nueva Vizcaya. Additionally and for
the purpose of this second amended complaint, Rodrigo Tucay is
hereby impleaded as defendant instead of plaintiff in this case for
his unwillingness to sign as such and his refusal to cooperate with
the above-named plaintiffs;

3. Plaintiffs Aurora, Benedicto, Romelo, Dionisia and Hermenigildo, Jr.

as well as Felicidad, Rodrigo, and Ronald, all surnamed Tucay, are
the children of the Spouses Hermenigildo Tucay, Sr. and defendant
Oliva Tubera;

4. The late Custodio Tucay is the father of Hermenigildo Tucay, Sr. In

1967, Custodio subdivided and apportioned his parcel of land in
Banganan, Aritao, Nueva Vizcaya to his children. A portion of the
land identified as Lot 1847, Pls-670 with an area of 720 square meters
was designated to Hermenigildo Tucay, Sr. A copy of the Survey
Plan dated June 19, 1963 for Hermenigildo, Sr. is hereto attached as
Annex A and made an integral part hereof;

5. Hermenigildo Tucay, Sr. then applied for free patent the portion
assigned to him by his late father before the Bureau of Lands and
subsequently the same was approved. A copy of the transmittal letter
dated August 12, 1967 of the Bureau of Lands addressed to the
Register of Deeds of Nueva Vizcaya for the issuance of certificate of
title covering the subject parcel of land is hereto attached as Annex
B;

6. As a consequence of the approval of his patent application, Original

Certificate of Title No. T-2700 covering the subject parcel of land was
issued to Hermenigildo Tucay, Sr. by the Registry of Deeds of Nueva
Vizcaya on January 5, 1968, a copy of the land title is hereto attached
as Annex C, and made an integral part hereof;

7. Earlier in 1965, Hermenigildo Tucay, Sr. sold his other parcel of land
he acquired from his late parents in Comon, Aritao, Nueva Vizcaya
and the proceeds were spent in building his house (old house) which
remains standing on the subject land;

8. The land in dispute has been declared for taxation purposes as per its
latest Tax Declaration No. 2005-02005-0625 with an assessed value
of P29, 295.00 in the name of Hermenigildo Tucay, Sr., a copy of
which is hereto attached as Annex D;

9. The real property tax of the subject property had always been paid as
evidenced by its Official Real Property Tax Receipt attached as
Annex E hereof and also in the name of Hermenigildo Tucay, Sr.;
10. Sometime in 1994, plaintiff Dionisia Tucay and her family built her
house on a portion designated by her late father located at the back
of the old house and she has been staying there and her family until
the present time;

11. On June 16, 2000, Heremenigildo Tucay, Sr, died intestate in

Banganan, Aritao, Nueva Vizcaya leaving the herein plaintiffs and
defendant Oliva Tubera as among his heirs;

12. On August 25, 2003, plaintiffs Aurora Tucay and Dionisia Tucay
executed an Adverse Claim and registered it in the Registry of Deeds
of Nueva Vizcaya after they found out that their mother, defendant
Oliva Tubera, in connivance with some of their siblings, were trying
to transfer the title in her name alone to mortgage the property, a
copy of the annotated Adverse Claim at the back of the title of the
subject property, page C of the Memorandum of encumbrances is
hereto attached as Annex F;

13. Considering that the father of the plaintiffs has been dead since 2000
while her widow, defendant Olivia Tubera stays with one of her
children in Manggayang, Dupax del Sur, Nueva Vizcaya, plaintiff
Aurora Tucay and his family lived on the subject house as it was the
agreement among the siblings that the subject land including the old
house shall be owned in common;

14. On September 12, 2010, plaintiff Aurora Tucay was sleeping on the
house when she was awakened by a loud voice and when she came
out of her room, she saw defendant Elmer Villegas who was then the
Brgy. Captain of Banganan, Aritao, Nueva Vizcaya and his
companions and when she asked them why they were on the premises
defendant uttered: APAY ADDA KA DITOY? TRESSPASSING
KA! and that said plaintiff responded the house was owned by her
late father but defendant said they had bought the property from her
mother, defendant Oliva Tubera, including the portion of the land
where plaintiff Dionisia Tucay and her family stay;

15. Defendant Elmer Villegas and his companions left while uttering
unsavory and threatening remarks against said plaintiff and few
minutes later, he came back with his co-defendant, his father Jolly
Villegas and at this juncture defendant Jolly Villegas threatened to kill
and shouted invectives against plaintiff and then he grabbed her arm
tightly, dragged and pushed her outside the house that injured her after
which the defendants threw out all her belongings outside the house
and because of humiliation and fear for her life, she left the house
crying in disbelief and went to the Aritao Police Station to report the
incident, copies of the Police Blotter and her Medical Certificate are
hereto attached as Annexes G and H, respectively, and made
integral parts hereof;
16. Since last week of this month, defendants Elmer Villegas and his
father Jolly Villegas with the aid of hired laborers started renovating
the old house and that they had also started erecting a concrete fence
that may totally close the only ingress and egress of plaintiff Dionisia
Tucay and her family in going to the public road. Copies of the
pictures showing the defendants laborers working on the premises as
well as the concrete fence that may totally block plaintiff Dionisia
Tucays only entrance and exit is hereto attached as Annex I with
submarkings;

17. From the foregoing set of facts, it is clear that the plaintiffs, being the
forced heirs of the late Hermenigildo Tucay, Sr. are being deprived of
their title to or possession of the subject property by the defendants
Jolly Villegas and Elmer Villegas who claim they have purchased the
property from their co-defendant Oliva Tubera without however
showing the plaintiffs the documents of conveyance and assuming
there was indeed such document, the plaintiffs are not aware of it nor
did they give their consent to the sale aside from the fact that the
property in dispute is an exclusive property of their deceased father
Hermenigildo Tucay, Sr. and therefore defendant Oliva Tubera had no
rights thereon;

18.To maintain harmony with the family, the plaintiffs exerted earnest
efforts to settle things with their mother but she had simply ignored
them to the extent of disregarding them as her own children;

19. The defendants Spouses Michael M. Villegas and Lea Hermoso, in

defiance of the injunction issued by the Honorable Court, occupied
the subject house and lot with the blessings of defendant Michael M.
Villegas father defendant Elmer Villegas and his grandfather,
defendant Jolly Villegas;

20.The defendants, by acting illegally and in bad faith in the way as

described in this complaint, the plaintiffs suffered moral damages in
the amount of P300,000.00;

21. To serve as an example for the public good so that others similarly
situated shall not emulate the dastardly acts of the defendants, they
must be made to pay the sum of P100,000.00 as exemplary damages;

22. The plaintiffs has no other plain, speedy, or adequate remedy in the
ordinary course of law to enforce their rights against the arbitrary and
illegal acts of the defendants;

23. The plaintiffs belong to the indigent families who are being freely
assisted by the IBP Nueva Vizcaya Chapter for which reason they
must be exempt from the payment of docketing and other lawful fees
as well as the filing of bond to answer for damages which the
 defendants may suffer from the issuance of a writ of preliminary
injunction herein prayed for.

WHEREFORE premises considered, it is respectfully prayed of this

Honorable Court that:

(a) Upon the filing of this action, a temporary restraining order be issued
ex-parte and thereafter a writ of preliminary injunction be
immediately issued, restraining and enjoining the defendants, their
laborers, agents, and/or representatives, and such other person or
persons acting for and in their behalf, from entering and continuing
their construction works within the premises of the subject house and
lot and/or from building any structures thereon;

(b) After trial, judgment be rendered, making said preliminary injunction

permanent, and:

i. declaring as null and void the deed of sale executed by

defendant Oliva Tubera in favor of her co-defendants
Jolly Villegas and Elmer Villegas;

ii. ordering the defendants to reconvey the subject property

to herein plaintiffs;

iii. Ordering the partition of the subject property between

and among the plaintiffs and their siblings; and,

iv. directing the defendants to pay, jointly and severally, the

sum of P300,000.00 as moral damages, P100,000.00 as
exemplary damages, and the cost of suit.

Plaintiffs further pray for such other reliefs just and equitable under
the foregoing premises.

Bayombong, Nueva Vizcaya, April 20, 2015.

FIDEL G. SANTOS
Counsel for the Plaintiffs
156 Bonfal West, Bayombong, Nueva Vizcaya
IBP OR No. 0987272; Jan.9, 2015
PTR OR No. 1565531; Jan. 5, 2015
MCLE No. IV-0010762; Dec. 21, 2012
Roll of Attorneys No. 48362
 VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING

We, AURORA TUCAY, BENEDICTO TUCAY, ROMILO

TUCAY, DIONISIA TUCAY, FELECIDAD TUCAY-LAPLANO,
RONALD TUCAY AND HERMENIGILDO TUCAY, JR., under oath,
hereby declare and state:

That we are the plaintiffs in the above-styled amended complaint;

 That we have caused the preparation of the foregoing amended
complaint and have read the allegations contained therein;

That the allegations in the said complaint are true and correct of our
own personal knowledge and based on authentic records or documents;

That we hereby certify that we have not commenced any other action
or proceedings involving the same issues in the Supreme Court, Court of
Appeals, or any other agency or tribunal;

That if we should thereafter learned that a similar action or

proceedings has been filed or is pending before the Supreme Court, Court of
Appeals, or any other tribunal or agency, we hereby undertake to report that
fact within five (5) days therefrom to the court or agency wherein the
original pleading and sworn certification contemplated herein have been
filed.

IN WITNESS WHEREOF, we have hereunto set our hands on this

document this _____ day of April 2015 at Bayombong, Nueva Vizcaya.

AURORA TUCAY BENEDICTO TUCAY

Affiant Affiant
________________________ ________________________

ROMILO TUCAY DIONISIA TUCAY

Affiant Affiant
________________________ __________________________

RONALD TUCAY FELECIDAD TUCAY-LAPLANO

Affiant Affiant
________________________ ______________________________
HERMENIGILDO TUCAY, JR
Affiant
______________________________

SUBSCRIBED AND SWORN TO before me this ____ day of April

2015, affiants having exhibited to their Identification Cards bearing their
names and signatures.
Copy furnished:

Atty. Artemio C. Ordonez

Counsel for the Defendants
Corner Osmena St., Rizal Boulevard
Bambang, Nueva Vizcaya

REPUBLIC OF THE PHILIPPINES)

PROVINCE OF NUEVA VIZCAYA) S.S.
MUNICIPALITY OF BAYOMBONG)

JOINT-AFFIDAVIT

We, AURORA TUCAY, BENEDICTO TUCAY, ROMELO

TUCAY, DIONISIA TUCAY, and HERMENIGILDO TUCAY, JR., under
oath, hereby declare and state:
1. That we are the surviving children of the late Hermenigildo Tucay, Sr.
who died intestate on June 16, 2000 in Banganan, Aritao, Nueva
Vizcaya;

2. That during his lifetime, our late father acquired a certain parcel of
land identified as Lot 1847, Pls-670 with an area of 720 square
meters, situated at Banganan, Aritao, Nueva Vizcaya under Original
Certificate of Title No. T-2700 of the land records of Nueva Vizcaya;

3. That the subject land is an exclusive property of our deceased father

having been acquired it from his deceased parents including an old
house erected thereon and following his death, we became the owners
thereof, including our other siblings, by intestacy;

4. That in fact, a portion of the land, particularly at the back of the old
house, has been verbally conveyed to me (Dionisia Tucay) way back
in 1994 by my late father, with the knowledge and consent of my
siblings, and had since staying thereat with my family until the present
time;

5. That per our agreement as siblings of our late father, the subject house
shall be owned in common and for which reason, I, Aurora Tucay, has
been staying there until September 12, 2010 when Jolly Villegas and
his son Elmer Villegas who was then the Brgy. Chairman of
Banganan, Aritao, Nueva Vizcaya forcibly ejected me from the house;

6. That in that incident Jolly Villegas employed physical harm against

my person that caused me injuries while at the same time they threw
all my belongings outside the house; and that, criminal cases has been
readied to be filed against them in due time;

7. That since last week of this month, Elmer Villegas and his father Jolly
Villegas with the aid of hired laborers started renovating the old house
and that they had also started erecting a concrete fence that may
totally close my (Dionisia Tucay) only ingress and egress and my
family in going to the public road;

8. That in view of the foregoing set of facts, and to avoid irreparable

injury and miscarriage of justice, there is an urgent necessity to
restrain and enjoin Jolly Villegas and his son Elmer Villegas, their
laborers, agents, and/or representatives, and such other person or
persons acting for and in their behalf, from entering and from
continuing their construction works within the premises of the subject
house and lot and/or from building structures thereon;

9. That this affidavit is executed in support of our complaint against

Jolly Villegas, Elmer Villegas and our mother Oliva Tubera.
 WITNESS OUR HANDS, this 25th day of April 2011 at Bayombong,
Nueva Vizcaya.

AURORA TUCAY BENEDICTO TUCAY

Affiant Affiant

ROMELO TUCAY DIONISIA TUCAY

Affiant Affiant

HERMENIGILDO TUCAY, JR.,

Affiant

SUBSCRIBED AND SWORN TO before me this 25th day of April

2011 at Bayombong, Nueva Vizcaya.

REPUBLIC OF THE PHILIPPINES)

PROVINCE OF NUEVA VIZCAYA) S.S.
MUNICIPALITY OF BAYOMBONG)

JOINT-AFFIDAVIT

We, AURORA, BENEDICTO, ROMELO, DIONISIA and

HERMENIGILDO, JR., all surnamed TUCAY, all of legal age, married,
Filipinos and residents of Banganan, Aritao, Nueva Vizcaya, after having
been duly sworn to in accordance with law hereby depose and state:
 1. That we belong to the indigent families and dependent on a daily
hand-to-mouth existence;

(a) I (AURORA TUCAY) and my husband who has been paralyzed

are not gaining any income and we just dependent on the support
of our married children;

(b) I (BENEDICTO TUCAY) am a farm worker while my wife is a

housekeeper with three (3) children and that my familys average
gross monthly income is P2,000.00;

(c) I (ROMELO TUCAY) am also a farm worker while my wife

simply stays home to attend to our three (3) minor children and
that my familys average gross monthly income is P2,000.00;

(d) I (HERMENIGILDO TUCAY, JR.) am also a farm worker while

my wife is a housekeeper with three (3) children and that my
familys average gross monthly income is P2,000.00;

(e) I (DIONISIA TUCAY) am a housewife while my husband is a

barangay tanod of Banganan, Aritao, Nueva Vizcaya with four (4)
children and that my familys average gross monthly income is
P1,000.00;

(f) I (HERMENIGILDO TUCAY, JR.) an also a farm worker while

my wife is a housekeeper with three (3) minor children and that my
familys average gross monthly is P2,000.00;

2. That we do not own any real property and income sufficient for our
families food, clothing, shelter, and other basic necessities for a
decent living;

3. That we hereby state that we and our families average gross monthly
income is far below double the monthly minimum wage of an
employee and we do not own any real property;

4. That we execute this affidavit in support of our motion to litigate as

indigent litigants to exempt us from the payment of docket and other
lawful fees as well as the filing of bond in Civil Case No. 1101 which
we filed before Branch 37 of the Regional Trial Court, Bambang,
Nueva Vizcaya with station in Bayombong, this Province against our
mother Oliva Tubera, Jolly Villegas and Elmer Villegas;

5. That we attest to the veracity of the foregoing statements.

WITNESS OUR HANDS, this 27th day of April 2011 at Bayombong,

Nueva Vizcaya.
 AURORA TUCAY BENEDICTO TUCAY
Affiant Affiant
________________ ____________________

ROMELO TUCAY DIONISIA TUCAY

Affiant Affiant
____________________ _____________________

HERMENIGILDO TUCAY, JR.,

Affiant
____________________________

SUBSCRIBED AND SWORN TO before me this 25th day of April

2011 at Bayombong, Nueva Vizcaya affiants exhibited to me their respective
identification cards/community tax certificates indicated just below their
names and signatures.

REPUBLIC OF THE PHILIPPINES)

PROVINCE OF NUEVA VIZCAYA) S.S.
MUNICIPALITY OF BAYOMBONG)

AFFIDAVIT OF DISINTERESTED PERSON

I, DOMINADOR DEL CAMPO, of legal age, married, Filipino

citizen and a resident of Banganan, Aritao, Nueva Vizcaya, after having
been duly sworn to in accordance with law hereby depose and state:
 1. That I know personally the brothers and sisters, namely: AURORA,
BENEDICTO, ROMELO, DIONISIA and HERMENIGILDO, JR., all
surnamed TUCAY who are my barangaymates in Banganan, Aritao,
Nueva Vizcaya;

2. That as such acquaintances, I know for a fact that the aforenamed

siblings belong to the indigent families of our barangay and relying on
a daily hand-to-mouth existence;

3. That I know for a fact that their average monthly income range from
1,000.00 to 2,000.00 pesos a month and they have no real property at
all;

4. That I am not related by affinity or consanguinity to any of the named

siblings;

5. That this affidavit is executed to attest to the veracity of their affidavit

to qualify them as indigent litigants;

6. That I attest to the veracity of the foregoing statements.

WITNESS MY HAND, this 27th day of April 2011, at Bayombong,

Nueva Vizcaya.

DOMINADOR DEL CAMPO

Affiant
Drivers Lic. No. _____________

SUBSCRIBED AND SWORN TO before me this 27th day of April

2011 at Bayombong, Nueva Vizcaya, affiant having exhibited to me his
Drivers License indicated just below his name and signature.

Republic of the Philippines

Second Judicial Region
REGIONAL TRIAL COURT
Branch 37
Bambang, Nueva Vizcaya
Station Bayombong

AURORA TUCAY, BENEDICTO

TUCAY, ROMELO TUCAY,
DIONISIA TUCAY, AND HER-
MENIGILDO TUCAY, JR.,
Plaintiffs,

CIVIL CASE NO. 1101

For : RECONVEYANCE AND
DAMAGES WITH PRAYER
-versus- FOR THE ISSUANCE OF
WRIT OF PRELIMINARY
INJUNCTION / TEMPORARY
RESTRAINING ORDER

OLIVA TUBERA (also TUBIRA),

JOLLY VILLEGAS and ELMER
VILLEGAS.
Defendants.
x --- - - - - - - - - - - - - - - - - - x

MOTION FOR RECONSIDERATION

COME NOW the movants, through the undersigned counsel and

unto this Honorable Court, respectfully state that:

1. The movants counsel received last April 26, 2011 an Order with even
date of the Honorable Court denying the Urgent Ex-Parte Motion to
Admit Plaintiffs as Indigent Litigants which they simultaneously filed
with the above-styled complaint;

2. The Honorable Court anchored its denial in Section 19, Rule 141 of
the Rules of Court, as amended by A.M. No. 04-02-04-SC, July 20,
2004 because the movants failed to substantiate their claim for
exemption of payment of docket and other lawful fees and filing of
bond specifically on the salary and property requirements;

3. The movants apologizes for their failure to submit their affidavits and
that of a disinterested party to satisfy the twin requirements of salary
and property under Section 19, Rule 141 of the Rules of Court, as
amended;

4. To satisfy the standards set forth by the rules, the movants hereby
submit their Joint Affidavit, Affidavit of Disinterested Person, and
Certification from the Office of the Municipal Assessor of Aritao, this
Province, appended hereto as Annexes A, B, and C,
respectively, showing that they and their families do not earn a gross
income exceeding double the monthly minimum wage of an
employee, nor they own real property with a fair market value of more
 than P300,000.00 per tax declaration and supported by an affidavit of
a disinterested party attesting to the truth of their affidavit;

WHEREFORE, premises considered, it is respectfully prayed of this

Honorable Court : (a) to admit the Affidavits of the Movants and that of an
interested party, and the Certification issued by the Office of the Municipal
Assessor of Aritao, Nueva Vizcaya; (b) to reconsider its Order dated April
26, 2011; and, (c) to authorize the movants to litigate as indigent litigants.

Other reliefs just and equitable under the foregoing premises are also
prayed for.

Bayombong, Nueva Vizcaya, April 27, 2011.

FIDEL G. SANTOS
Counsel for the Movants
156 Bonfal West, Bayombong, N. Vizcaya
IBP Fees paid OR 811247; Dec. 29, 2010
PTR No. 886614; Dec. 28, 2010
Bayombong, Nueva Vizcaya
MCLE No. III-0020067; Feb. 2, 2011
Roll No. 48362

The Branch Clerk of Court

Branch 37, Regional Trial Court
Bambang, Nueva Vizcaya
Station - Bayombong

GREETINGS: Please submit the foregoing Motion for

Reconsideration to the attention of the Honorable Court immediately upon
receipt hereof for its consideration and appropriate action without need of
further oral arguments.

FIDEL G. SANTOS
 Republic of the Philippines
Second Judicial Region
REGIONAL TRIAL COURT
Bambang, Nueva Vizcaya
Station Bayombong

BRANCH 30

AURORA TUCAY, BENEDICTO

TUCAY, ROMILO TUCAY,
DIONISIA TUCAY, AND HER-
MENIGILDO TUCAY, JR.,
Plaintiffs,

CIVIL CASE NO. 1101

For : ANNULMENT OF SALE,
RECONVEYANCE, RECOVERY OF
POSSESSION, PARTITION
AND DAMAGES

-versus-
OLIVA TUBERA (also TUBIRA),
JOLLY VILLEGAS and ELMER
VILLEGAS.
Defendants.
x----------------------------------------------------------x

PLAINTIFFS PRE-TRIAL BRIEF

COME NOW the plaintiffs through the undersigned counsel, and

unto this Honorable Court, respectfully submit their Pre-Trial Brief, as
follows:

POSSIBILITY OF AMICABLE SETTLEMENT

Plaintiffs are willing to enter into a compromise agreement provided it

is just, fair and reasonable.

PROPOSED STIPULATIONS OF FACTS

Facts Admitted:

1. The identities and legal capacities of the parties to sue and to be sued.

2. Plaintiffs Aurora, Benedicto, Romelo, Dionisia and Hermenigildo, Jr.

as well as Felicidad, Rodrigo, and Ronald, all surnamed Tucay, are
the children of the Spouses Hermenigildo Tucay, Sr. and defendant
Oliva Tubera.

3. The land in dispute is Lot No. 1847, Pls-670, with an area of 720
square meters located in Banganan, Aritao, Nueva Vizcaya under
OCT No. P-2700.

4. On September 7, 2010 defendant Oliva T. Tucay sold a portion of 360

square meters of the land covered by OCT No. P-2700 to defendant
Jolly M. Villegas.

5. Hermenigildo Tucay, Sr. died on June 16, 2000.

6. Plaintiffs Aurora, Benedicto, Romelo, Dionisia and Hermenigildo, Jr.

as well as Felicidad, Rodrigo, and Ronald, all surnamed Tucay, and
 defendant Oliva Tubera are the surviving heirs of the late
Hermenigildo Tucay, Sr.

PROPOSALS FOR ADMISSION

1. No settlement of estate between and among plaintiffs Aurora,

Benedicto, Romelo, Dionisia and Hermenigildo, Jr. as well as
Felicidad, Rodrigo, and Ronald, all surnamed Tucay, and defendant
Oliva Tubera involving the land covered by OCT No. P-2700.

2. On August 25, 2003, plaintiffs Aurora Tucay and Dionisia Tucay

executed and caused the annotation of Adverse Claim in the
memorandum of encumbrances of OCT No. P-2700.

3. Plaintiff Dionicia Tucay and her family has been staying since 1994 at
a piggery they converted as their house at the back portion of the land
covered by OCT No. P-2700.

DOCUMENTARY EVIDENCE

Annex A - Survey Plan dated June 19, 1963 of Lot 1847.

Annex B - Transmittal letter dated August 12, 1967 of the
Bureau of Lands addressed to the Register of Deeds of
Nueva Vizcaya for the issuance of certificate of title over
Lot 1847.
Annex C - OCT No. P-2700 covering Lot 1847.
Annex D - Tax Declaration No. 2005-02005-0625.
Annex E - Official Real Property Tax Receipt.
Annex F - Petition for Adverse Claim dated August 25, 2003 of
plaintiffs Aurora Tucay and Dionisia Tucay.
Annex G - Police Blotter
Annex H - Medical Certificate of plaintiff Dionisia Tucay.
Annex I with submarkings Pictures
Reserved.

WITNESSES

1. Aurora Tucay
2. Dionisia Tucay
3. Reserved.

TRIAL DATES

To be scheduled during the pre-trial.

RESPECTFULLY SUBMITTED. Bayombong, Nueva Vizcaya, June

30, 2011.
 FIDEL G. SANTOS
Counsel for the Plaintiffs
156 Bonfal West, Bayombong, N. Vizcaya
IBP Fees paid OR 811247; Dec. 29, 2010
PTR No. 886614; Dec. 28, 2010
Bayombong, Nueva Vizcaya
MCLE No. III-0020067; Feb. 2, 2011
Roll No. 4836