Republic of the Philippines

REGIONAL TRIAL COURT

6th Judicial Region
Branch 65
Jordan, Guimaras

ALEXANDER TAN Civil Case No. 22320-13-4724

Plaintiff
For: ANNULMENT /CANCELLATION OF
TITLES, RECOVERY OF POSSESSION WITH
SPECIFIC PERFORMANCE AND DAMAGES
Versus

VICENTE ALMOREDA
Defendant
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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 Quirino,
Cordodn, Isabela, Philippines;

2. That Defendant is of legal age, Filipino and residents of Brgy

Caquilingan, Cordon, Isabela, Philippines where he may be served with
summons and other Court processes;

3. That plaintiff is the lawful purchaser of a lot with Lot No. 4480-D, Csd-(af)-
02003118-D being a portion of Lot 4480. Cad-211 situated in the barrio
of Brgy Caquilingan, Cordon, Province of Isablea, Island of Luzon;
containing an area of FORTY THOUSAND SQUARE METERS (40,000)
SQUARE METERS, more or less” virtue of a Deed of Absolute Sale
docketed as Doc. No. 281; Page No. 164; Book No. 111, Series of 2004 in
the notarial book of Notary Public, Atty. ANSELMO S. ECHANEZ. Copy of
TCT No. 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
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 Province of Isabela subscribed before the notary public. Copy of
adverse claim is hereto Attached as Annex “B”;

5. That the said adverse claim was annotated over Lot 8372 under entry
no. 30456;

6. That the previous owner, Mrs. Leonarda Paz died without an issue on
leaving her children, ALEXANDER TAN, EDITHA TAN-PINEDA, AND
MANUEL TAN JR.;

7. That it is a clear fact that before Mrs. Leonarda Paz died on , she
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: T- 21383

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.

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 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 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
Counsel for the Plaintiff
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
Republic of the Philippines)
City of Iloilo) Sc.
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 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:

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 19th 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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