Republic of the Philippines

FIRST JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 5
Baguio City
HAN D. SOLO,
Plaintiff,
-versus-

Civil Case NO. CC-00-22-23

For: Reconveyance

EMMA S. TONITE and

THE REGISTER OF DEEDS,
Baguio City,
Defendants.
x-----------------------------------------------x
COMPLAINT
Plaintiff, through counsel and unto this Honorable Court,
most respectfully states:
1. That the plaintiff is single, Filipino citizen and a resident of
#533 Strong Men Lane, Tamliville, Baguio City, Philippines,
where he may be served with court processes, motions and
decisions while the defendant is a Filipino citizen, single
and residing at #22 Puffy Walls St., Forrest C. Ave., Baguio
City, where he may be served with summons and court
processes, the Register of Deeds of Baguio City is likewise
impleaded in this action in his official capacity as such
Register of Deeds of Baguio City with office address at 3 rd
Floor, City Hall Bldg., Baguio City where they may be
served with summons;
2. That Plaintiff and Defendant are lovebirds since high school;

3. That sometime in the month of December 2015, herein

Plaintiff was offered to buy the lot owned by Mandy H. Less
and after the said Plaintiff considered the offer, he decided
to buy the same;
4. That after the Plaintiff bought the same, the land was
registered in the name of Defendant since Plaintiff, at that
time was not in the Philippines and he believed Defendants
words that as soon as he gets back to the Philippines, the
title will be immediately transferred to him;
5. That when Plaintiff returned to the Philippines sometime in
August 2017, Plaintiff requested the transfer of title by the
Defendant;
6. That Defendant has ignored the request of the Plaintiff
continuously from the arrival of the Plaintiff until the
present;
7. That when the herein Plaintiff bought the property from
Mandy H. Less and even up to the present, Defendant has
never been gainfully employed so as to be in the position to
buy any piece of real property;
8. That the above arrangement that led to the registration of
title in the name of Defendant Jenifa Montease was known
to the sellers of the property and other witnesses then,
such as Assistant Prosecutor Lando D. Lim of the
Prosecutors Office of Baguio City;
9. Thus, the Plaintiff was left with no other choice and had to
take this last recourse of bringing the case to the Court,
and in the process he was constrained to engage the
services of the undersigned counsel with whom he agreed
to pay a reasonable amount, which we leave to the sound

discretion of this Honorable Court to determine, for and by

way of attorneys fees;
10.
That by the reason of the refusal of the Defendant to
return the property to the Plaintiff, herein Plaintiff suffered
sleepless nights, mental anguish, wounded feelings and
other form of moral damages, for which the Defendant
should be held liable to the Plaintiff for such amount, which
we likewise leave to the sound discretion of this Honorable
Court to determine for and by way of moral damages;
11.
That to set an example to others under the same
situation, the Defendant should be made liable to pay the
Plaintiff a certain sum which we leave to the sound
discretion of this Honorable Court to determine for and by
way of exemplary damages;
12.
That there being no other way by which herein Plaintiff
could enforce his right and protect her interest as he had
already exhausted all the possible remedies until she was
left with no other choice but to bring the case to court, the
same Defendant should be made liable to pay the costs of
the suit.
PRAYER
WHEREFORE, in view of the above premises, it is most
respectfully prayed of this Honorable Court that after due hearing
of this case, the Honorable Court shall render a decision in favor
of the Plaintiff and against the Defendant:
1. By finding the plaintiff to be the lawful owner of the
above described property;
2. By ordering the defendant, the Register of Deeds of
Baguio City, to cancel the Transfer Certificate of Title

No. T-112 covering the above real property involved,

and that the same defendant Register of Deeds of
Baguio City be ordered to issue another Transfer
Certificate of Title to recover the same property in favor
of and in the name of herein plaintiff;
3. By ordering the defendant to pay the plaintiff of certain
sum the amount of which we leave to the sound
discretion of this Honorable Court to determine as
reasonable as attorneys fees;
4. By ordering the defendant to pay the plaintiff of certain
sum the amount of which we leave to the sound
discretion of this Honorable Court to determine for and
by way of moral damages;
5. By ordering the defendant to pay the plaintiff of certain
sum the amount of which we leave to the sound
discretion of this Honorable Court to determine for and
by way of exemplary damages;
6. By ordering the defendant to pay the costs of suit, and
plaintiff further prays for some other reliefs that may be
just and equitable under the premises.
Baguio City, Philippines, this 12th day of Mar 2019.
ATTY. PRIMER A. CAMBIO
Counsel for Plaintiff
Unit 13C, 13rd Floor, SPECIFIC Building
Right There Road, Baguio City
(074) 422-1000/ 09011920000
PTR No. 072666; 2-25-19/Baguio City
Roll of Attorney No. 45545; 2-25-10/Baguio City
IBP Lifetime Membership No. 1880098; Baguio-Benguet