REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

6TH JUDICIAL REGION
BRANCH _____
KALIBO, AKLAN
TAWHAY RESORT ESTATE,
INC., represented by
HAZEL JOYCE A. TOLENTINO
AS DULY AUTHORIZED
REPRESENTATIVE
OF THE
CORPORATION AND IN HER
PERSONAL BEHALF,
Plaintiffs,

versus

CIVIL CASE NO.______

FOR:QUIETING OF TITLE
with prayer for
MANDAMUS,
TEMPORARY
RESTRAINING ORDER
/
TRO
and/or
PRELIMINARY
INJUNCTION
WITH
DAMAGES

MANOLETTE SANTIAGO,
PROVINCIAL ASSESSOR,
REGISTRY OF DEEDS,
KALIBO, AKLAN.
,
MUNICIPAL ASSESSOR,
MALAY, AKLAN
Defendants.
x--------------------x

C O M P L A I N T
COME NOW the plaintiffs through the undersigned
counsel
and
to
this
Honorable
Court
most
respectfully allege:
1.That plaintiff TAWHAY RESORT ESTATE INC. is a
domestic Corporation duly organized and existing
under Philippine Laws with office address at
Sinagpa, Balabag, Malay, Aklan, while plaintiff who
filed
this
suit
as
the
duly
authorized

representative of TAWHAY RESORT ESTATE INC. (TREI),

and in her own personal behalf as shareholder and
officer of the aforesaid corporation, is also of
legal age, Filipino, and a resident of Zone 2,
Espinosa Compound, Barangay San Juan, Iloilo City.
2.That defendant MANOLETTE SANTIAGO is a Filipino
Citizen, of legal age, married, with resident
address at MCS Bldg., 0496 Baltazar St., Pasig
City, Metro Manila where he may be served with
summons is being sued in his personal capacity;
3.The defendants Municipal Assessor, Municipality of
Malay, and the Provincial Assessor, Registry of
Deeds, Kalibo, Aklan, are public officials mandated
to register transactions involving real properties
and
for
the
issuance
and
transfer
of
Tax
Declarations, and may be served with summons at
their respective offices at the Provincial Capitol,
Province of Aklan, and Malay, Aklan;
4.The TAWHAY RESORT ESTATE INC. (TREI), has Officers
and Stockholders as reflected in the General
Information
Sheet
(GIS)
and
Articles
of
Incorporation (AOI) in the records of Securities
and Exchange Commission (SEC), a copy of which are
herein
enclosed
as
ANNEXES
A
and
A-1,
respectively.
5.That up to the present the said officers and
stockholders
exists
for
the
said
plaintiff
corporation as there is no transfer of shares or
any changes in the officers thereof;
6.That the herein plaintiff Hazel Joyce A. Tolentino
has been authorized by the Board of Directors of
the corporation by virtue of the Board Resolution
to file the present case and the same is enclosed
as ANNEX B;
7.That the corporation and the Plaintiff have been in
possession and control of the subject property with
Tax Declaration 3350 since 2008;
FIRST CAUSE OF ACTION
8.The plaintiff corporation is the owner of the
property known as CONDOTEL, BUILDING A, LOWER

GROUND, UNIT LG-101, Over Lot 626-D-3, covered by

PIN NO. 038-12-003-04-10A (101) ARP/TD: 3350, more
particularly described as follows:
Location of Property:
BOUNDARIES:

Pinaungon,
Balabag,
Boracay, Malay, Aklan

NORTH: Hallway
SOUTH: Wall of Unit LG-101
EAST: Wall of Unit LG-101
WEST: Wall of Unit LG-102

LAND AREA: 40 SQ. M.

Market Value: P 750,300.00
Assessed Value: P 225,090.00
Issuance: May 12, 2009
9.The subject property is a residential unit which
forms part of Tawhay Boracay Condotel a.k.a as
Tawhay
Condominiums,
which
is
owned
by
the
plaintiff corporation TAWHAY RESORT ESTATE, INC.,
which is the builder and developer of the said
project. The ownership of the plaintiff corporation
is covered by the Memorandum of Agreement marked as
Annex C, Supplemental Memorandum of Agreement as
Annex C-1Irrevocable Authority to Construct as
Annex D, Building Permit as Annex E and
Environmental Compliance Certificate as Annex F,
all registered in its name with the governmental
units.
10.
In 2009, Manolette Santiago, through illegal,
irregular and invalid means and without the
approval of the shareholders and directors of
Tawhay Resort Estate, Inc. nor any board resolution
was able to insert his name as co-owner of the
subject condominium unit, CONDOTEL, BUILDING B,
LOWER GROUND, UNIT LG-101 as per Tax Declaration
3350 attached as Annex G. The former and the
correct registration should be under the name of
TREI who is the owner of the land, the building,
its improvements and the project itself by virtue
of the foregoing documents.
11.
There
was
manipulation,
irregularity
and
illegality used in registering the subject unit in
the inserted name of the defendant Manolette C.
Santiago because the same CONDOTEL, BUILDING A,

LOWER GROUND, UNIT LG-101 was never conveyed by the

plaintiff corporation partly or wholly to the
defendant Manolette Santiago and the alleged
registration was never sanctioned by the TAWHAY
RESORT
ESTATE,
INC.,
nor
was
a
board
or
shareholders resolution. There was no consideration
or any form of payment made by the defendant
Manolette Santiago with the authorized signatories
was ever issued by the latter to effect such
registration in favor of the defendant in favour of
Tawhay Resort Estate, Inc. for his alleged and
claimed ownership of this unit. Neither was there
any supporting corporate documentation done to
legalize the transaction.
12.
Sometime in 2011, defendant Manolette Santiago
abandoned his post as President of the corporation
without any manifestation, verbal or written. On
the same year, the plaintiff corporation through
Michael Arwen Barrios had a several verbal demands
as well as written ones against the defendant to
rectify his ultra vires actions as officer of the
corporation. A demand letter was sent dated August
14, 2011 to defendant Manolette Santiago through
Salazar Marin Sodusta & Associates Law Offices. In
the same letter, the plaintiff demanded from the
defendant Manolette Santiago to return the Tax
Declarations Nos. 3335 and 3350 and to rectify his
declarations with the records. A copy of Demand
letter is hereby marked as Annex I.
13.
What happened now is that, the defendant
Manolette C. Santiago is currently declared as coowner
of
the
subject
property
as
per
Tax
Declaration No. 3350 to the anguish and prejudice,
and against the interests of its rightful owner,
the builder and developer Tawhay Resort Estate,
Inc., the herein plaintiff.

SECOND CAUSE OF ACTION

14.
The
Plaintiffs
hereby
allegations in the Complaint;

replead

all

the

15.
The Plaintiffs discovered that the defendant
Manolette Santiago, used his position as the
President of the corporation at that time and

merely submitted a self serving Affidavit in his

own signature, as per Annex H that he is one of
the investors of Tawhay Resorts Condotel and in his
desire that a Tax Declaration on improvement be
made in the name Manolette Santiago was registered
and illegally inserted without authorization or
consideration and legal basis. Worst, the defendant
Manollete Santiago even mislead Michael Arwen
Barrios who is also a major stockholder of the
corporation. The said document is irregular,
illegal and an unauthorized registration of the
said
unit
under
Tax
Declaration
3350.
The
registration and transaction do not carry the
authorized signatories and approval of the Board of
Directors or majority shareholders of TREI.
16.
That the mandated duty of the officers of the
Municipal Assessor of Malay, Aklan and Register of
Deeds, Province of Aklan is ministerial in nature
to cancel an invalid registration based on a
spurious, illegal or falsified document.
THIRD CAUSE OF ACTION
17.
The allegations in the foregoing paragraph are
reproduced and repleaded herein by reference.
18.
Due to Defendants failure and refusal to
satisfy
Plaintiffs
plainly
valid,
just
and
demandable claim, of declaring the real owner of
the subject property, Plaintiff was compelled to
engage the services of the undersigned counsel and
was obligated to pay attorneys fees in an amount
of One Hundred Thousand Pesos ( Php 100,000.00) and
cost of suit.
19.
Hence, Defendants should be directed to pay
plaintiff attorneys fees and other expenses of
litigation in an amount equivalent to the above
mentioned.
Allegation to Support the Application for Temporary
Restraining Order and/or Preliminary Injunction.

20.
The
foregoing
allegations,
grounds
arguments are repleaded herein by reference.

and

21.
Plaintiff is entitled to the reliefs herein
prayed for, the whole or part of which consists in
restraining and prohibiting the defendant to
utilized, used and dispose the subject property
covered by Tax Declaration No. 3350, either for a
limited period or perpetually as the plaintiff is
clearly and undisputably the lawful owner and in
possession of the property for booking business
since 2008.
22.
As shown by the facts of this Complaint,
plaintiff will suffer irreparable injury if the
defendant will be allow to exercise any acts of
dominion over the subject property. The plaintiffs
will loss an income that is considered as his bread
and butter.
23.
Unless defendant Santiago is restrained from
utilizing and using the tax declaration number
3350, herein plaintiff will continually vindicate
his rights as the real and lawful owner at his own
expense.
It is settled that a writ of preliminary
injunction should be issued to prevent grave and
irreparable injury, that is, injury that is actual,
substantial, and demonstrable. In Social Security
Commission v. Bayona:1
Damages are irreparable within the meaning of
the rule relative to the issuance of injunction
where there is no standard by which their amount
can be measured with reasonable accuracy. "An
irreparable injury which a court of equity will
enjoin includes that degree of wrong of a repeated
and
continuing
kind
which
produce
hurt,
inconvenience, or damage that can be estimated only
by conjecture, and not by any accurate standard of
measurement." An irreparable injury to authorize an
injunction consists of a serious charge of, or is
1

G.R. No. L-13555, May 30, 1962

destructive to, the property it affects, either

physically or in the character in which it has been
held and enjoined, or when the property has some
peculiar quality or use, so that its pecuniary
value will not fairly recompense the owner of the
loss thereof. (Emphasis supplied)
24.
Plaintiff is ready and willing to post a bond
in such amount as this Honorable Court may fix in
its discretion to answer for whatever damages
respondents
may
sustain
by
reason
of
the
Restraining Order or Injunction, if it be finally
determined that petitioner is not entitled thereto.
PRAYER
WHEREFORE, it is most respectfully prayed that:
1.Judgment be rendered in favour of the plaintiff and
against the defendant thereby declaring the Tax
Declarations ARP/TD Bo. 3350 in the name MANOLLETE
SANTIAGO and ARWENBARRIOS as null and void for
having been issued illegally and irregularly; and
2.Ordering the Municipal Assessor, Municipality of
Malay, Provincial Assessor and Register of Deeds,
Province of Aklan to implement and effect the said
judgment and to record and register the same in the
name of Tawhay Resort Estate, Inc., the rightful
and legal owner who is in possession of the said
property since 2008.
3.Ordering defendants to pay the costs of suit
Other reliefs, just and equitable
premises, are likewise prayed for.
Kalibo, Aklan, June 20, 2016.

in

the

MARIANIE C. TANATE
Counsel for the Plaintiffs
PTR No. 3738164/ 1-14-2015/Iloilo City
IBP Lifetime Mem. No. 0986661/6-24-2015/
Iloilo Chapter
Attorneys Roll No. 63444
MCLE Compliance No. V - 0014908
Door 11, 2nd Floor, Jamerlan Building
Iznart St., Iloilo City
Contact Nos. (033) 509-9729/09177285007

Copy Furnish through Registered Mail:

MANOLETTE SANTIAGO
0496 Baltazar Street
Pasig City, Metro Manila

Registry Receipt No.

Date:

PROVINCIAL ASSESSOR
Municipality of Malay
Malay, Aklan

Registry Receipt No.

Date:

REGISTRY OF DEEDS
Kalibo, Aklan

Registry Receipt No.

Date:

MUNICIPAL ASSESSOR
Municipality of Malay
Malay, Aklan

Registry Receipt No.

Date:

EXPLANATION OF SERVICE

Copy of the Complaint was served to the above-named

defendants by registered mail due to time and
distance constraints.

MARIANIE C. TANATE

REPUBLIC OF THE PHILIPPINES)

PROVINCE OF________________) S. S.
___________________________)
x--------------------------x
VERIFICATION/CERTIFICATION
I, HAZEL JOYCE A. TOLENTINO, of legal age,
female, Filipino, and a resident of Espinosa
Compound, Zone 2, San Juan Boulevard, Molo, Iloilo
City, Philippines after having been duly sworn to
in accordance with the law hereby depose and state:
That I am the Plaintiff in the above-titled
casein my own capacity and as authorized by the
Plaintiff Corporation, who caused the preparation
of this Complaint for Quieting of Title with
Mandamus and that I have read the allegations
therein and the same are true and correct of my
personal knowledge or based on authentic records;
That to the best of my knowledge, no such
similar action or proceeding is pending before the
Supreme Court, the Court of Appeals, or any
Judicial or Quasi-Judicial Agency, and that if I
should thereafter learn that a similar action or
proceeding has been filed or is pending before said
courts, or any other tribunal or agency, I hereby
undertake to report such fact within five (5) days
to the Honorable Court.
IN WITNESS WHEREOF, I hereto affixed my
signature this June 20, 2016 at Kalibo, Aklan,
Philippines.

HAZEL JOYCE A. TOLENTINO

Affiant
_________________________
SUBSCRIBED AND SWORN to me before this 20 th day
of June 2016 at City of Iloilo, Philippines.
Affiant presented to me her identity stated below

her name, that she is the same person who

personally
signed
the
foregoing
Verification/Certification
before
me
and
acknowledged that she executed the same.

Doc. No. ____;

Page No. ____;
Book No._____;
Series of 2016.