COMPLAINT - Final Na Talaga With Verification

7/21/2019 COMPLAINT - Final Na Talaga With Verification

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REPUBLIC OF THE PHILIPPINESTHIRD JUDICIAL REGIONREGIONAL TRIAL COURT

ANGELES CITY

BRANCH ____

MARTIN DESIERTO, ALANDESIERTO, andFRANCIS DESIERTO,

Plaintiffs , Civil Case No. R-ANG-15-00574-CVFor: Annulment of Sale and

Reconveyance of Real

Property

--versus--

RODRIGO DESIERTO andRAMON DOE. Defendants.

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COMPLAINT

Plaintiffs, by counsel, and unto this Honorable Court, most

respectfully avers that:

1. Plaintiffs, MARTIN DESIERTO (“MARTIN” forbrevity), ALAN DESIERTO (“ALAN” for brevity), and FRANCIS

DESIERTO (“FRANCIS” for brevity), all of legal age, Filipino citizensand residents of 123 Antonio St., Maniquis Subdivision, Angeles City.The plaintiffs may be served with with summons and other courtprocesses through the undersigned counsel.

2. Defendant RODRIGO DESIERTO (“RODRIGO” forbrevity), is of legal age, Filipino and a resident of 124 Antonio St.,Maniquis Subdivision, Angeles City, where he may be served withsummons and other court processes, while defendant RAMON DOE(“RAMON” for brevity), of legal age, Filipino, and a resident of 125123 Antonio St., Maniquis Subdivision, Angeles City, where he may beserved with summons and other court processes. Both are beingimpleaded as indispensable parties without whom no final

determination can be had of these instant actions.

3. Sometime in April 29, 2012 a certain Ching Ming Chancontracted a Deed of Absolute Sale with defendant RODRIGO and theplaintiffs MARTIN, ALAN and FRANCIS covering a parcel of landsituated in Magalang, Pampanga for the amount and with a prevailing



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market value of One Million Pesos P1,000,000.00 duly recorded asDocument No.: 111; Page No.: 1; Book No.: 1; Series of 2012 in thenotarial book of Atty. Camille Jenah Banting covered by Transfer ofCertificate of Title No. 910111 in the Registry of Deeds of Angeles City

(herein referred to as the PROPERTY).

A copy of the Deed of Absolute Sale, Transfer of Certificate ofTitle No. 910111 and Tax Declaration are attached hereto as Annexes“A” and “B” and made integral parts hereof.

4. Sometime in April 30, 2012 defendant RODRIGO executeda Deed of Donation duly recorded as Document No.: 456; Page No.: 96;Book No.: VII; Series of 2012 in the notarial book of Atty. Camille Jenah

Banting, ceding unto plaintiffs MARTIN, ALAN and FRANCIS, hisshare in a parcel of land situated in Magalang, Pampanga covered byTransfer of Certificate of Title No. 12345678 in the Registry of Deeds ofAngeles City (herein referred to as the PROPERTY).

A copy of the Deed of Donation and Transfer of Certificate ofTitle No. 12345678 are attached hereto as Annex “C” and made anintegral part hereof.

5. By virtue of the foregoing, plaintiffs MARTIN, ALAN andFRANCIS had caused the transfer of the title of the PROPERTY in theirname and they issued Transfer of Certificate of Title No. 8970256 andtherefore, they are the registered owners of the same.

A copy of the Transfer of Certificate of Title No. 8970256 isattached hereto as Annex “D” and made an integral part hereof.

6. Sometime in May 2013, defendant RODRIGO by forgingthe signatures of the herein plaintiffs MARTIN, ALAN and FRANCIS,and without obtaining the consent and without knowledge of theregistered owners herein, entered in to an agreement with defendantRAMON to occupy the PROPERTY.

7. Sometime in June 1, 2014, plaintiffs MARTIN, ALAN andFRANCIS made an ocular visit of the PROPERTY, however, theydiscovered that a hotel complex was being built by defendant

RAMON. Outraged and shocked by the discovery of the foregoingfact, plaintiffs MARTIN, ALAN and FRANCIS, sent a letter dated July01, 2014, where they demanded that defendant RAMON vacate thePROPERTY and restore it to its original state.



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A copy of the letter dated July 02, 2014 is attached hereto as Annex “E” and made an integral part hereof.

8. Despite the said letter1 dated July 02, 2014, defendant

RAMON failed and refused to vacate the PROPERTY.

9. By reason thereof, plaintiffs MARTIN, ALAN and FRANCIS,sent another letter dated August 22, 2014, demanding that defendantRAMON vacate the PROPERTY.

A copy of the letter dated August 22, 2014 is attached hereto as Annex “F” and made an integral part hereof.

10. Despite said letter2 dated August 22, 2014, defendantRAMON still failed and refused to vacate the premises of thePROPERTY.

11. By reason thereof, plaintiffs MARTIN, ALAN and FRANCIS,through counsel, sent a final demand letter dated September 21, 2014,demanding defendant RAMON to vacate the PROPERTY and to payreasonable rent and damages for the use of the PROPERTY.

A copy of the letter dated September 21, 2014 is attachedhereto as Annex “G” and made an integral part hereof.

12. In reply thereto, Defendant RAMON, through counsel, senta letter dated October 31, 2014, stated that defendant RODRIGO gavehim permission to use the PROPERTY and an alleged Deed ofAbsolute Sale was executed by the latter ceding to defendant RAMONthe said property.

A copy of the letter date October 31, 2014 is attached hereto as Annex “H” and made an integral part hereof.

13. Consequently, plaintiffs MARTIN, ALAN and FRANCIS,through counsel, sent a letter dated November 16, 2014, controvertingdefendant RAMON’s claim and furnishing him a copy of TCT No.8970256. In the same letter, plaintiffs MARTIN, ALAN and FRANCISfurther reiterated their demand that defendant RAMON vacate the

PROPERTY.

A copy of the letter dated November 16, 2014 is attached heretoas Annex “I” and made an integral part hereof.

1 Annex “E” hereof. 2 Annex “F” hereof.



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14. Despite the knowledge of Defendant RAMON of the lawfulownership of plaintiffs MARTIN, ALAN and FRANCIS of thePROPERTY, defendant still failed and refused to heed to the demands

of the former.

15. Due to the refusal of defendant RAMON to heed the demandto vacate the PROPERTY, plaintiffs MARTIN, ALAN and FRANCISwas constrained to hire the services of counsel to protect their interestin an amount equivalent to Twenty Percent (25%) of the amountinvolved but in no case less than Philippine Currency: One HundredThousand (PhP100,000.00) plus all other litigation expenses.

A copy of the retainer agreement dated August 30, 2014 isattached hereto as Annex “J” and made an integral part hereof.

16. Due to the foregoing acts of defendants RODRIGO andRAMON, plaintiffs MARTIN, FRANCIS and ALAN suffered sleeplessnights, emotional distress and anxiety.

17. Due to the fraudulent acts of defendants RODRIGO andRAMON in alienating the PROPERTY, plaintiffs MARTIN, FRANCISand ALAN lost the beneficial use of the same.

18. Plaintiffs MARTIN, ALAN and FRANCIS hereby alleges:

a. That they are the true and lawful owner of the PROPERTY,hence their claim is genuine;

b. That the act of defendant RODRIGO of alienating the

PROPERTY without their knowledge and consent is in gross violationof the plaintiffs’ right of ownership;

c. That the continuous occupation and possession of thePROPERTY by defendant RAMON, and his adamant refusal topeacefully surrender the physical possession thereof to the plaintiffs isillegal and is in gross violation of the plaintiffs’ right of ownership;

Based on the foregoing, a sufficient cause of action exists against

the defendants RODRIGO and RAMON.

PRAYER



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WHEREFORE, in view of the foregoing, Plaintiffs MARTIN,ALAN and FRANCIS respectfully prays that the Honorable Court:

a. Order defendant RAMON to peacefully vacate and surrender

the physical possession and to cease and desist from furtherconstructing an edifice thereon;

b. Declare the Deed of Absolute Sale executed by defendantRODRIGO in favor defendant RAMON be declared null and void;

c. Order defendant RAMON to pay the amount of PhilippineCurrency: Five Hundred Thousand (PhP 500,000.00) as rentals inarrears by way of Actual Damages.

d. Order defendants RODRIGO and RAMON to pay the amountof Philippine Currency: One Million Pesos (PhP 1,000,000.00) by wayof Moral Damages;

e. Order defendants RODRIGO and RAMON to pay the amountof Philippine Currency: : Five Hundred Thousand (PhP 500,000.00) byway of Exemplary Damages.

The plaintiffs further prays for such other reliefs as may bedeemed just or equitable under the premises.

Respectfully submitted. November 17, 2015, Angeles City

Ma.Sa.Sa.Vi. Law OfficeCounsel for Plaintiffs

Unit 212 Professional School Building,Angeles University Foundation,McArthur Hi-way, Salapungan,

Angeles CityBy:

KURT EYAN G. MANIQUISAttorney's Roll No. 1234567/Vol. No. XX/Page 420

PTR No. 9876543/12.09.14/Angeles CityLifetime IBP No. 00001/12.14.13/Pamp.

MCLE Compliance No.IV-000000/03.20.15

GODOFREDO L. SABADO IIIAttorney's Roll No. 1234568/Vol. No. XX/Page 421



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ANTONIO ANTONIO SANTOSAttorney's Roll No. 1234569/Vol. No. XX/Page 421



PAUL EDGAR VILLAROSA

Attorney's Roll No. 1234570/Vol. No. XX/Page 422PTR No. 9876549/12.05.14/Angeles CityLifetime IBP No. 00004/12.14.13/Pamp.




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VERIFICATION and CERTIFICATION

We, MARTIN DESIERTO, ALAN DESIERTO and FRANCISDESIERTO, all of legal ages, Filipino, all resident of 123 Antonio St.,

Maniquis Subdivision, Angeles City, depose and say that:

1. We are the plaintiff in the abovementioned case.

2. In such capacity, we caused the preparation of theforegoing Answer, the contents of which are all true and correct of ourknowledge and based on the records in my possession.

3. We further certify that: (a) we have read the contents

therein and confirm that the allegations are true and correct to the bestof our knowledge and based on the records in my possession; (b) tothe best of our knowledge, no such action or proceeding is pending inany other tribunal; and (c) should we learn that a similar action orproceeding has been filed or is pending before any tribunal, weundertake to report that fact within five (5) days therefrom.

IN WITNESS WHEREOF, I have hereunto set our hand this

___day of _____________ in Angeles City.

MARTIN DESIERTOAffiant

ALAN DESIERTOAffiant

FRANCIS DESIERTOAffiant

SUBSCRIBED AND SWORN to before me in the City ofAngeles, Province of Pampanga, this ___day of _______ 2015 byMartin Desierto, Alan Desierto and Francis Desierto, who are thesame persons who personally signed before me the foregoingVerification and acknowledged before me that they executed the same.

Doc. No. :Page No.:Book No.:Series of 2015.

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COMPLAINT - Final Na Talaga With Verification