REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

Tabaco City, Albay
Branch _________
HEIRS OF GLORIA BONGALONCOLASITO namely ELIZABETH
BONGALON- FOGARTY, LAURO
B. COLASITO, ROMEO B.
COLASITO and
DANTE B.
COLASITO (for himself and as
representative of Elizabeth, Romeo
and Lauro Bongalon Colasito)
Plaintiffs,
--- versus ---

Civil Case No. ___________

DECLARATION OF NULLITY OR
INEXISTENCE OF AND
CANCELLATION OF THE DEED
OF SALE OF PEDRO BONGALON,
CANCELLATION OF TITLE AND
DAMAGES

HEIRS OF AMPARO BONGALON,

CECILIO BONGALON and the
HEIRS OF PEDRO BONGALON
and THE REGISTER OF DEEDS
OF ALBAY PROVINCE
Defendants.
x-----------------------------------------------x

C O M PLAI N T
PLAINTIFFS, through counsel,
most respectfully state that:

and before the Honorable Court,

A forged Deed of Sale is null and void and conveys no title

A person who was not impleaded in the complaint cannot be bound by
the decision rendered therein, for no man shall be affected by a
proceeding in which he is a stranger (GR No. 180615)
THE PARTIES

1) Plaintiff DANTE BONGALON- COLASITO (COLASITO for brevity), is

of legal age, single, Filipino and with residence and postal address at
__________________________________________. Said plaintiff is one of
the heirs of the late GLORIA BONGALON-COLASITO and the authorize
representative of Elizabeth Bongalon-Forgarty, Romeo B. Colasito and
Lauro B. Colasito;
2.) Defendant Amparo Bongalon (defendant Amparo for brevity)
is
of
legal
age,
Filipino
with
postal
address
at
_____________________________________ where she may be served with
summons and other processes of this Honorable Court.
3.) Defendant Cecilio B. Bongalon (defendant Cecilio for brevity)
is
of
legal
age,
Filipino
with
postal
address
at
_____________________________________ where he may be served with
summons and other processes of this Honorable Court
4.) Defendants Heirs of Pedro B.
Bongalon, namely,
______________________________________________________ , all of
legal age with postal address ___________________________________
____________________________________________________where they
may be served with summons and other processes of this Honorable Court.
5.) Defendant Register of Deeds of Albay Province is a government
agency which is the repository of records affecting properties and is tasked
with the registration, cancellation, and transfer of titles thereof. Defendant
Register of Deeds may be served with summons and other processes of this
Honorable Court in the Office of the Registry of Deeds of Albay Province
located at Legaspi City, Albay.

THE CAUSE OF ACTION

FOR ANNULMENT AND CANCELLATION OF THE DEED OF
SALE OF PEDRO BONGALON, CANCELLATION OF TRANSFER
CERTIFICATE OF TITLE

6) Plaintiffs, as represented by Dante Bongalon, are the children and

legal heirs of deceased Gloria Bongalon-Colasito;
7) Deceased Gloria Bongalon-Colasito and defendants Cecilio
Bongalon, Amparo Bongalon and Pedro Bongalon are children of the late
Cirila Bonga Bongalon
(Cirila for brevity), who died on
_____________________________1, and left a parcel of land covered by a
Transfer Certificate of Title No. T-67656. This parcel of land has an
aggregate area of _____ square meters and is located in Barangay________,
Tabaco City, Albay2.
8) Defendant Pedro Bongalon and Amparo Bongalon, on different occasion,
presented Deeds Of Absolute Sale allegedly executed by their mother Cirila
Bonga Bongalon to each of them separately. Pedro Bongalon, besides
holding a Deed Of Absolute Sale, even caused the extra-judicial settlement
of the intestate estate of their deceased mother Cirila Bonga Bongalon on
_______________ and registered it with Albay Province Registry of Deeds,
adjudicating the said estate for himself3 defrauding other legal heirs of their
deceased siblings of their rightful share of the property .
9) It was sometime on ________, 2015, after the death of ____________,
when the plaintiffs learned that defendant Pedro Bongalon, who later died in
the year _______, has caused the preparation of the extra judicial settlement
of the estate and have already transferred the property where they are
presently residing, in possession and occupants thereof. Plaintiffs also
learned that their mother, Gloria Bongalon Colasito was deceived by
defendant Pedro Bongalon, that their other siblings and their successors
who have already died ahead of them were no longer entitled to any share of
the estate of Cirila Bonga Bongalon and only him (Pedro Bongalon) is the
sole benefactor since the other siblings have waived their rights against the
property. On account of the Deed of Extrajudicial Settlement of Estate
executed by defendant Pedro made with false statements and done without
the participation and consent of other legal heirs of the late Cirila Bonga
Bongalon, defendant Pedro successfully caused the cancellation of Rosalia
Buenaflors Transfer Certificate of Title4..

1 Attached and marked as Annex A is a copy of the Certificate of Death

of Cirila Bonga Bongalond
2 Attached as Annex B is a copy of Transfer Certificate of Title in the
name of Rosalia Buenaflor.
3 Attached and marked as Annex C, is a copy of the Extrajudicial
Settlement of Estate.
4 Attached and marked as Annex G, is a copy of the cancelled
Transfer Certificate of Title of Rosalia Buenaflor
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10). Upon finding what her brother did, Amparo, aided by Cecilio, produced
a Deed of Absolute Sale of their own allegedly from their mother claiming
the same property as their own. Squabble over the property developed
between the three children of Cirila Bonga Bongalon who have separate
vested interest which escalated into a full blown case for Quieting of Title
filed by Pedro Bongalon against Amparo and Cecilio only WITHOUT
IMPLEADING THE REST OF THEIR SIBLINGS INCLUDING
GLORIA BONGALON COLASITO.
11). Hence, Gloria Bongalon Colasito and her Heirs have no knowledge and
even participation to the case between Pedro, Amparo and Cecilio.
12). Several years passed, the case was escalated up to the Supreme Court.
On November 10, 2004, the Supreme Court rendered her decision 5 on this
wise to wit:
Wherefore, We grant the petition in part. We set aside the
Decision dated 27 November 1992 and the Resolution
dated 23 February 2000 of the Court of Appeals. We enter
Judgment as follow:
1. The Deed of Sale dated 22 February 1971 and the Deed of
Extra Judicial Settlement dated 30 January 1979 are
ANNULLED.
2. Transfer Certificate of Title T-67780 is CANCELLED.
The Register of Deeds of Albay is ordered to restore TCT
T-67656 in the name of Rosalia Buenaflor
3. Respondents Cecilio Bongalon and the Heirs of Amparo
Bongalon are ordered to vacate Lot 525-A and to remove
all the improvements they have constructed on Lot 525A.
In sum, the Supreme Court have already confirmed that both Amparo and
Pedro Bongalon FALSIFIED legal document, the very reason why the
High Court ordered its Cancellation. All three respondents have also
committed Fraud to the other legal heirs by depriving them of their rightful
legitime.

13). Twelve (12) long years have passed, from the date of the decision of
the Supreme Court on November 10, 2004 on GR No. 142441, after it
5 Decision on GR No. 142441 dated November 10, 2004 as Annex H
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became final and executory, remains unenforced due to the prevailing partys
(Pedro Bongalon and his Heirs) own inaction.
14). Now, in August 2016, the Heirs of Pedro Bongalon, are trying to evict
us from the property we have been occupying from time immemorial based
on a Decision which is already barred by the statue of limitation, aside from
the fact that we, the Heirs of Gloria Bongalon-Colasito, are not privy nor
participant nor impleaded in the cased Pedro, Amparo and Cecilio fought
over hence IS NOT BOUND BY THE DECISION RENDRED THERETO.
15). Also, due to the claims being imposed by the Heirs of Pedro Bongalon,
and in order to protect our rights and interest over the said property, we are
constrained to do our own research on all the documents presented by Pedro,
Amparo and Cecilio and the findings we obtained shall be presented to this
Honorable Court via this complaint.
FORGED / FALSIFIED / FRAUDULENT
SIMULATED DEED OF ABSOLUTE SALE
During our research, we came upon the Deed of Absolute Sale of
Cirila Bonga Bongalon in favor of Pedro Bongalon as well as the Deed of
Absolute Sale of Trinidad, Conchita and Teodora in favor of Cirila Bonga
Bongalon.
Upon close perusal of the two documents, we found out that the two
documents BEARS THE SAME DATE AND THE SAME NOTARIAL
REGISTRY NUMBER in violation of the Notarial Act which stated that
FOR EVERY NOTARIAL ACT, the Notary Public shall record in the
notaral register at the time of the notarization (1) an entry number(doc.
No.) and page number and book number. (for emphasis, underscoring
ours)
It is but a quandary how the Regional Trial Court overlooked this
glaring fact then.
Upon closer perusal, the signature of Cirila Bonga Bongalon in the
Deed of Sale between her co-siblings differs greatly from the one
benefitting Pedro Bongalon.
The results of the National bureau of Investigation (NBI)s comparative
signature analysis shall be presented in Court during trial proper.
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Henceforth, We are also invoking our right to present and adduce evidences
in support of this complaint via Supplemental of Amended Complaint.

LATCHES / PRESCRIPTIONS / STATUE OF LIMITATIONS

The purpose of the law in prescribing time limitations for enforcing
judgments by action is precisely to prevent the winning parties from
sleeping on their rights.6
In a catena of cases, the Supreme Court held that this Court cannot
just set aside the Stature of Limitation into oblivion every time someone
cries for equity and justice. Indeed, if eternal vigilance is the price of
safety, ONE CANNOT SLEEP ON ONES RIGHT FOR MORE THAN
10TH OF A CENTURY AND EXPECT IT TO BE PRESERVED IN
PRISTINE PURITY.7

These factual events fraudulently dispossessed the plaintiffs of their

rightful shares in the property left by their deceased grandmother which their
deceased parents were entitled thereto as legal heirs.

THE CAUSE OF ACTION

FOR DAMAGES
a. ) In order to protect their rights and interest over the parcel of land
covered by Transfer Certificate of Title No. 67656, plaintiffs were
compelled to litigate and incur expenses thereby entitling them to
the award of attorneys fees in the amount of Php 200,000.00 and
Php 10,000 per appearance ;

b. Due to the fraudulent acts committed by defendants, plaintiffs are

continuously suffering from mental anguish, fright, serious anxiety,
moral shock and similar injuries thereby warranting the individual
6 Macias vs Lim, GR No. 139284, June 4, 2004, 431 SCRA 20, 38
7 Asociacion Cooperativa de Credito Agricola de Miagao v. Monteclaro, 74
Phil 281 (1943)
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award of moral damages in the sum of Php 300,000.00, from

defendants, in solidum;
c. For the vindication of the rights of plaintiffs over the parcel of land
covered by Transfer Certificate of Title No. 67656 that was
fraudulently acquired in its entirety by defendants, plaintiffs are
entitled to receive from defendants, joint and several, nominal
damages in the amount of Php50,000.00 under Articles 2221 and
2222 of the Civil Code;
d. In order to discourage those who are similarly bent from doing
such detestable act of defendants and in order to set an example for
the public good, defendants should be adjudged, solidarily, to pay
to plaintiffs the amount of Php100,000.00 as and for exemplary
damages.

THE RELIEFS
WHEREFORE, premises considered, it is most respectfully prayed
from this Honorable Court that, after due notice and hearing, judgment be
rendered as follows:
1) ORDERING the Deed of Absolute Sale of Pedro Bongalon
NULL and VOID;
2) ORDERING the Register Of Deeds of Albay to hold in
abeyance the issuance of any title to the Heirs of Pedro
Bongalon based on the Supreme Court Decision dated
November 10, 2004, which is already barred by the Statute of
Limitation, pending the finality of this Complaint.
3) SET ASIDE the Decision of the Supreme Court dated
November 10,2004 due to prescription;
4) REINSTATING Transfer Certificates of Title No. T-67656;
5)ORDERING DEFENDANTS to convey ownership and
possession of the subject property to plaintiffs;
5) ORDERING defendants to jointly and severally pay plaintiffs:
a) Php 200,000.00, P10,000 per appearance as and for
attorneys fees;
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b) Php300,000.00 as moral damages;

c) Php50,000.00 as nominal damages;
d) Php100,000.00 as exemplary damages; and
e) Php 50,000 as Cost of suit.

Plaintiffs pray for such other reliefs and remedies that are just and
equitable under the premises.
Tabaco City, Albay, August 22, 2016
RESPECTFULLY SUBMITTED.

VERIFICATION AND CERTIFICATION

AGAINST FORUM SHOPPING
8

We, ELIZABETH BONGALON- FOGARTY, LAURO B.

COLASITO, ROMEO B. COLASITO and DANTE B. COLASITO (for
himself and as representative of Elizabeth, Romeo and Lauro Bongalon
Colasito), with residence and postal address at Tabaco City, Albay after
being sworn to in accordance with law, do hereby deposes and states :
1.

That WE are the petitioners in the above-captioned case ;

2.

That WE have caused the preparation and filing of this case ;

3. That we have read the contents thereof and that the same are
true and correct to the best of our personal knowledge or based
on authentic records ;
4. That we further states :
a. That we have not theretofore commenced any action of
any claim involving the same issues in any court, tribunal,
or quasi-judicial agency and to the best of my knowledge,
no such other action or claim is pending therein ;
b. If there is such other pending action or claim, a complete
statement of the present status thereof ; and
c. If we should thereafter learn that the same or similar
action or claim has been filed or is pending, we shall
report the fact within five (5) days therefrom to the court
wherein our aforesaid complaint or initiatory pleading has
been filed.
IN WITNESS WHEREOF, we have hereunto set my hand this ___ th of
_________ 2016 at Tabaco City, Albay, Philippines.

ELIZABETH BONGALON- FOGARTY

LAURO B. COLASITO
ROMEO B. COLASITO
By:
DANTE B. COLASITO
(for himself and as representative
of Elizabeth, Romeo and Lauro Bongalon Colasito)

SUBSCRIBED AND SWORN to before me this ______________

in Tabaco City, Albay, Philippines, by :
Name :

ID No.

Place/Date Issued

Dante B. Colasito
who have satisfactorily proven his identity to me through his respective
competent evidence of identification who was the same person who
personally signed before me the foregoing Verification and Certification
Against Forum Shopping and acknowledge that they executed the same.

Doc. No. _____

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

NOTARY PUBLIC

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