Republic of the Philippines

Fourth Judicial Region

Regional Trial Court
Branch 90
City of Dasmarias, Cavite

LETICIA SALAMAT,
Plaintiff,

-versus-

CIVIL CASE NO.__________

For: ANNULMENT OF SALE
With DAMAGES

SPOUSES GERARDO and

LETICIA PALLARCON,
And
ACRE DEVELOPMENT
CORPORATION, and all
other persons interested,
Defendants.
x-------------------------------------x.

COMPLAINT
Plaintiff, through the undersigned counsel, unto this
Honorable Court, files this Complain against Defendants, and avers
that:
PREFATORY STATEMENT
A contract of sale is a bilateral and a reciprocal contract. It is a
contract where the seller obligates himself to transfer the ownership

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of and to deliver the object of sale, and the buyer to pay the price
therefor in money or its equivalent1.
THE PARTIES
1. Plaintiff, LETICIA SALAMAT (Leticia for brevity), of legal
age, Filipino citizen, a resident and with postal address at 382
Pintong Gubat, Paliparan III, City of Dasmarias, Cavite;
2. Defendant, on the other hand, Spouses GERARDO and LOLITA
PALLARCON (Pallarcons for brevity), also of legal age, with
last known address at Zapote, Las Pias City, Metro Manila;
3. Defendant
corporation,
ACRE
DEVELOPMENT
CORPORATION (ACRE for brevity), a domestic corporation,
with principal office address at Room 201 ACRE Building, 137
Malakas Street, Diliman Quezon City;
STATEMENT OF THE FACTS AND CIRCUMSTANCES OF
THE CASE
4. It was in the 1960s, the spouses Gerardo and Leticia Salamat
acquired hectares and hectares of land through hardwork and
industry. During those times, the spouses were able to claim
ownership by tilling, occupation and possession;
5. Nevertheless, their ownership remained undisturbed except
for its recording or registration under the Torrens System;
6. Circa year 2000, the Spouses Salamat thought of registering
their ownership over the more or less Ten (10) of land described
as LOT No. 5737 of the Imus Estate. However, they do not have
sufficient finances to do so;
7. One day, two good samaritans approached them. They were the
defendants GERARDO and LOLITA PALLARCON;

1 Article 1458 of the New Civil Code,

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8. The PALLARCONS offered to finance the registration of the

Title to the Spouses Salamats eight-hectare (8 has.) out of the
Ten- hectare (10 has. )property;
9. The Spouses SALAMAT were willing to give the half of the
eight- hectare to the PALLARCONS as long they would help
them in the registration of the property;
10.Therefore, the Spouses Salamat and the Pallarcons came to an
agreement;
11.The Spouses Salamat and the Pallarcons executed a
MEMORANDUM OF AGREEMENT (MOA for brevity) dated
March 28, 20012 and duly notarized by Notary Public Atty.
Antonio T. Nicolas, with Document No. 497, Page No. 101, Book
No. IV, Series of 2001;
12.The MOA states, to wit:
Xxx. ...
Whereas, the First Party [Spouses Salamat] has a
just and equitable rights to a portion of a parcel of land
situated at Brgy. Paliparan III, Dasma, Cavite and
described as Lot No. 5737, Imus Estate, and the area
occupied is consisting of ONE HUNDRED
THOUSAND (100,000) square meter more or less;
Whereas, the First Party who had been
occupying, tilling and in actual possession portion of
the said of land since the 1960s has no appropriate
and legal papers to show real ownership, exempt
certification from the Barangay[sic] Captain and its[sic]
predecessors and testimonies from their neighbors and
adjacent lot owners;
Whereas, the First Party who were practically
with no enough money to spend, were looking for a
party/s who could finance in their behalf, assist and
properly guide them in the processing of legal papers
2 Copy of the MEMORANDUM OF AGREEMENT between the Spouses Salamat and
Spouses Pallarcon dated March 28, 2001;
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and eventually awarding the Torrens Title in their

favor;
Whereas, any party/s who wish to provide the
financial assistance on said undertakings shall be given
an area equivakent to one half (1/2) or fifty- fifty
(50/50) sharings of the total land area, of the portion
occupied by them as shown in the RE-SURVEY and
VERIFICATION SURVEY of Lot No. 5737 as a reward
and gratitude to the said parties;
NOW THEREFORE, premises considered, both
parties hereto agree[sic]to be bound under the
following terms and condition:
The Second Party responded and accepted the
humanitarian [sic] offer of the First Party thereby
agreed to finance the processing of legal papers up to
the said portion of the property be legally titled and
awarded to the First Party and will go hand and hand
with the Second Party who will also process [sic] the
necessary papers on the other one half (1/2) share of
the property;
The Second Party will take charge almost all the
financial aspects in both titling process such as Resurvey & Approval, Application, Investigation, ReInvestigation, Declaration for Taxation Purposes,
Payment of Ten Years back taxes, payments for
acquiring Sales Certificate from the government by
square meters, Re- Classification Status, Issuance of
Deed of Convayance up to eventual Release of Torrens
Title to both sub-lots being shared;
Both parties further agreed that in case of any
disturbances, cases and court litigation and ownership
[sic], and other difficulties that may be encountered
from now on and in the coming days, the Second Party
will take charge of all the propblems and after
bringing things in proper order, thus, whatever total
area left of the said occupied property will still be
divided into fifty-fifty (50/50) shares, and;
That at the end, the Second Party will deliver to
the First Party the clean and legal Torrens Title of the

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land representing their shares as mentioned above

hereof.
... xxx. ;

13.The transfer of the other Four (4) hectares to the Pallarcons was
successful;
14.However, when the Spouses Salamat were demanding for their
Title to their Four (4) hectare share, the Pallarcons at first
refused to surrender the Salamats title;
15.The Spouses Salamat just waited because they relied on the
Pallarcons based on trust and confidence. The Spouses Salamat
treated the Pallarcons like family;
16.Months passed, again, Leticia Salamat demanded the surrender
of the Title in her favor. This time, the Pallarcons gave Leticia
the Title. The remaining two (2) hectares was transferred in the
name of the Spouses Salamat. However, much to the dismay of
the Salamats, it was used as security or collateral for debt which
they never incurred but was used for the benefit of the
Pallarcons;
17.The Title to the remaining two (2) hectares were not yet given
by the Pallarcons;
18.Nonetheless, in order to acquire the Title from the mortgagee,
the Spouses Salamat tried to raise the amount of the debt, with
the help of friends and relatives, where the 2 hectares was used
as security;
19.Prior to the said redemption and for Leticia to claim the Title,
she was asked to tag along by the Pallarcons in transactions
where she cannot fathom why she was being left in a fastfood
chain;
20.One time while she was again left at a fast food chain, the
Pallarcons went back and asked her to sign a document that she

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was not explained the contents thereof and where she cannot
understand what the transaction is;
21.Still, thinking of recovering the title, Leticia went with the
Pallarcons;
22. When Leticia was already becoming suspicious with regard to
the Title to the remaining 2 hectares, she angrily demanded it
from the Pallarcons;
23.Much to her shock, the Pallarcons had sold the 2 hectares to
ACRE DEVELOPMENT CORPORATION;
24.As much as Leticia would like to confront the Pallarcons, the
latter were nowhere to be found and to be reached;
25.Thus, the Plaintiff Leticia Salamat has no other recourse but to
seek judicial action to annul the sale to ACRE DEVELOPMENT
CORPORATION and to claim her rightful ownership over the
property ;
26.Hence, this Complaint;
ACRE DEVELOPMENT CORPORATION ACQUIRES NO BETTER
TITLE THAN THAT OF THE SELLER
27.Plaintiff repleads the foregoing facts and circumstances
applicable hereto;
28.Article 1505 of the New Civil Code provides:
Article 1505. Subject to the provisions of this Title,
where goods are sold by a person who is NOT the
owner thereof, and who does not sell them under
authority or with consent of the owner, the buyer
acquires no better title to the goods than the seller
had, xxx... .;

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29.The two (2) hectare property that is the portion of the four (4)
hectare is owned by the Spouses Salamat. The Pallarcons, who
facilitated the sale thereof, are not the legitimate owners;
30.The Spouses Salamat are the owners thereof by open,
continuous, exclusive and notorious possession of the property
for more than 30 years;
31.Leticia merely sought the help of the Pallarcons for the
registration of the 2 hectare property;
32.Therefore, ACRE does not acquire better title than that of the
sellers who are not owners of the 2 hectare property;
33.Hence, the sale between the Pallarcons and the ACRE should be
annulled;
THE CONTRACT OF SALE BETWEEN THE PALLARCONS AND
ACRE DEVELOPMENT CORPORATION IS UNENFORCEABLE
34.Further, the sale of the Pallarcons to ACRE was without
authority of the Spouses Salamat or of Leticia, per se;
35.Plaintiff repleads the foregoing facts and circumstances
applicable hereto;
36.Article 1317 states that,
Article 1317. No one may contract in the
name of another without being authorized by
the later, or unless he has by law a right to
represent him.
A contract entered into in the name of
another by one who has no authority or legal
representation, or who has acted beyond his
powers, shall be unenforceable, unless it is
ratified, expressly or impliedly, by the person
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on whose behalf it has been executed, before it

is revoked by the other contracting party.

37.Since from the beginning, the Spouses Salamat never

contemplated on selling their property except for the portion
they gave to the Pallarcons, as compensation for the facilitation
of the Titling;
38.The four hectares corresponding to the Spouses Salamat was
and is never for sale;
39.Leticia was very much shocked when she found out that the 2
hectare portion that was supposedly titled in their name was
sold by the Pallarcons, withour their consent nor authority;
40.Thus, the contract of sale between the Pallarcons and ACRE is
unenforceable;
.
41.Moreso, said contract of sale was never be ratified because, it
was never the intention of Spouses Salamat to sell the said
portion in anyones favor;
42.Therefore, the contract of sale is unenforceable;
THE PLAINTIFF LETICIA SALAMAT IS ENTITLED TO MORAL
DAMAGES
43.Plaintiff repleads the foregoing statements applicable hereto;
44.Moral Damages is the compensation awarded to a person for
physical suffering, mental anguish, fright, serious anxiety,
besmirched reputation, wounded feelings, moral shock, social
humiliation and similar injury;
45.Leticia Salamat, in view of the Pallarcons failure to surrender
the titles of Salamats property and by virtue of the sale of the
Pallarcons to ACRE DEVELOPMENT, suffered mental anguish,
serious anxiety, and wounded feelings;

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46.Any person who would be deprived of property that they had

diligently worked on must have suffered sleepless nights,
mental anguish and serious anxiety;
47.No person in his right mind would part with his or her
property without any assurance and reassurance ;
48.Further, the Pallarcons transferred Leticias property with
wanton bad faith and fraud;
49.Thus, the plaintiff Leticia Salamat is entitled to the moral
damages of Twenty Thousand Pesos (Php 20, 000.);
PLAINTIFF IS ENTITLED TO NOMINAL DAMAGES
50.Plaintiff repleads the foregoing statements applicable hereto;
51.Nominal Damages is an amount awarded to a person in order
that his right, which had been violated or invaded, may be
vindicated or recognized;
52.Leticia Salamats right to her property was indeed violated or
invaded when the Pallarcons sold her property without her
authority or consent;
53.Worse is that, Leticia was deprived of title to her property,
which is the primary evidence of ownership;
54.Therefore, as vindication or recognition of her right over the
property, Leticia Salamat is entitled to Ten Thousand Pesos
(Php 10, 000.00) as Nominal Damages;
LETICIA SALAMAT IS ENTITLED TO ATTORNEYS FEES
55.Plaintiff repleads the foregoing statements applicable hereto;
55.As jurisprudence dictates in Ching Sen Ben vs. CA, 314 SCRA
762, The award of attorneys fees is considered just and equitable

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when a party is compelled to litigate or to incur expenses to protect his

interest by reason of an unjustified act of the other party.;
56.Since Leticia Salamat was compelled to litigate to annul the
fraudulent sale of Salamats property by the Pallarcons to
ACRE, it is just considered just and equitable to award her
attorneys fees in the amount of Ten Thousand Pesos (Php 10,
000.00);

PRAYER
WHEREFORE, premises considered, it is prayed to unto this
Honorable Court that judgment be rendered in favor of the plaintiff,
and ordering:

1. The sale between Leticia Salamat and ACRE DEVELOPMENT

CORPORATION be annulled or cancelled;

2. The Two Hectare (2 hectares)- portion of the property subject of

litigation and now covered by TCT No. 057-2013004010
registered in the name of ACRE DEVELOPMENT
CORPORATION be returned to Leticia Salamat;
3. Moral Damages of Twenty Thousand Pesos (Php 20,000.00)
shall also be awarded to the plaintiff;
4. Nominal Damages of Ten Thousand Pesos (Php 10,000.00) be
awarded in favor of the plaintiff;

5. Attorneys Fees of Ten Thousand Pesos (Php 10,000.00 be paid

to the plaintiff.; and
6. Other just and equitable reliefs are also prayed for.

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City of Dasmarias. January, 2015.

RENTA PE CAUSING & SABARRE LAW FIRM

Cavite Office: Unit 12, 2nd Floor, Heritage Building,
Mangubat Ave., City of Dasmarias, Cavite;
Tel. No.: (046) 541-2263
Manila Office: 100- A, Ground Floor
BF Condominium, A. Soriano Avenue corner
Solana St., Intramuros, City of Manila
Email Address: repecasalawfirm@yahoo.com
By:

ATTY. RONALDO E. RENTA

Counsel for the Petitioners
IBP No. / 01..15 / Manila
PTR No. / 01..15 / Manila
Roll No. 46952
MCLE IV-0005007 / 3-15-12

Cc:

GERARDO and LOLITA PALLARCON

Zapote, Las Pias City

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ACRE DEVELOPMENT CORPORATION

Room 201 ACRE Building,
137 Malakas Street,
Diliman, Quezon City

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