REPUBLIC OF THE PHILIPPIINES

REGIONAL TRIAL COURT

FIRST UDICIAL REGION
BRANCH ________
AGOO, LA UNION

JOHN DOE,
Plaintiff, CIVIL CASE NO. ___________

- Versus – FOR:

JANE DOE, ANNULMENT OF DOCUMENTS,

(and all other persons claiming rights or CANCELLATION OF TITLE and TAX
interests over the subject property) DECLARATIONS, RECONVEYANCE
AND DAMAGES WITH JUDICIAL
REGISTER OF DEEDS, PARTITION OF REAL ESTATE
MUNICIPAL ASSESSOR OF
ARINGAY, LA UNION and
PROVINCIAL ASSESSOR OF LA
UNION,
Defendants,
X-------------------------------------------X

COMPLAINT

COMES NOW, the Plaintiff through the Undersigned Counsel and unto this
Honorable Court, most respectfully states:

THE PARTIES

1. Plaintiff is of legal age, married, Filipino and presently residing at Village, A. Samson,
Balintawak, Quezon City, where summons, notices, orders, decision and other court
processes may be served;
2. Defendants __________________________are all of legal age, married, Filipinos
and presently residing at Samara, Aringay, La Union, where summons, notices,
orders, decision and other court processes may be served;

3. Defendants Register of Deeds and Provincial Assessor of the Province of La Union,

with office addresses at San Fernando City, La Union and the Municipal Assessor of
Aringay, La Union are included as nominal party being the public repository and in
charge and in custody of the tax declarations and other official records affecting the
subject real properties situated in the Province of La Union;

THE FACTS

4. Spouses Jaime and Maria Tatunay are the owners of parcels of land situated at
Samara, Aringay, La Union particularly described as follows:

a. Parcels of agricultural land situated at Samara, Aringay, La Union

containing an area of TWO THOUSAND SIX HUNDRED EIGHTY
(2,680) SQUARE METERS more or less and residential land containing
an area of EIGHT HUNDRED (800) SQUARE METERS, more or less.
Covered by “Tax Declaration with PIN 010-09-005 and ARP No. 93-010-
00543 in the name of Spouses Jaime and Maria Tatunay.

b. Parcels of agricultural land situated at Samara, Aringay, La Union

containing an area of SIX THOUSAND TWO HUNDRED NINETY-
NINE (6,299) SQUARE METERS more or less and residential land
containing an area of SIX HUNDRED (600) SQUARE METERS more
or less. Covered by Tax Declaration with PIN 010-09-004 and ARP No.
93-010-00539 in the name of Spouses__________.

Copies of the Property Record Forms are hereto attached as Annexes “A” and
“B”;

5. Plaintiff ____________is one of the heirs of the above-mentioned spouses. Said lots
were transferred in his name by virtue of an Extrajudicial Settlement with Waiver duly
 annotated in the Property Record Form and Declaration of Real Property with ARP
No. 010-00830 and ARP No. 010-00829;
6. By virtue of said Extrajudicial Settlement with Waiver, ownership and possession of
the subject property was transferred in the name of the Plaintiff under Tax
Declaration with ARP No. 010-00830 and Tax Declaration with ARP No. 010-00829
as annotated in the Property Record Form. Subsequently, the Plaintiff was issued
Tax Declaration No. 2009-02-010-00722, Property Identification No. 008-02-0010-
022-07 and Tax Declaration No. 2009-02-0010-00725, Property Identification
No.008-02-0010-022-10. Copies of which are hereto attached as Annexes “C” and
“D”.
7. The subject land was part of a survey plan of all the adjoining properties of and for
the spouses ________________but now declared in the name of the Plaintiff under
Psu-01-008270. A copy of which is hereto attached as Annex “E”;
8. Plaintiff, his family and his siblings have been in open, peaceful and continuous
possession of the above-mentioned property continuously paying realty taxes
particularly the subject lot’s Basic tax and Special Education fund, a copy of his latest
payment for the years 2013 and 2014 is hereto attached as Annex “F”;
9. Sometime December 6, 2011, Plaintiff instructed his brother Arturo Tatunay to
secure a copy of the Tax Declaration of the above-mentioned lot from the Municipal
Assessor of Aringay, La Union;
10. Plaintiff then discovered that the subject lot and portions of the subject lot were
already subdivided among the defendants ________________________were able to
obtain separate and independent tax declarations as follows:

Defendant Tax Declaration Cadastral Area Annex

No. and PIN Lot No. (square
meters)
2009-02-0010- A-0017 2,114 “G”
00721 and 008-02-
0010-022-06
 2009-02-0010- 13T 1,246 “H”
00724 and 008-02-
0010-022-09
2009-02-0010- A-0011 1,230 “I”
00723 and 008-02-
0010-022-08
2009-02-0010- 14 PT. 2,167 “J”
00726 and 008-02-
0010-022-11
2009-02-0010- 14 PT. 1,559 “K”
00732 and 008-02-
0010-022-12
2009-02-0010- 00009 608 “L”
00733 and 008-02-
0010-022-13
2009-02-0010- A-0010 2,168 “M”
00734 and 008-02-
0010-022-14
2009-02-0010- A-L-002 586 “N”
00751

11. Further verification with the Provincial Assessor of La Union revealed that the
Defendants____________, ___________falsely claimed to be the owners of the
subject lot by virtue of an alleged Affidavit of Ownership with the following details,
copies of which are hereto attached as annexes:

Defendant Cadastral Date the Affidavit of Annex

Lot. No. Ownership was executed
13 T and June 8, 2004 “O”
A-0011
14 PT October 15, 2003 “P”
14 PT and October 15, 2003 “Q”
00009
A-0010 October 15, 2003 “R”

12. As to Defendants, no valid documents showing ownership or valid mode of

transferring the portions of the subject properties under their names were attached to
their property record form and to the Tax Declaration of Real Property which shows
that their ownership and possession of portions of the subject properties have no legal
 basis. The Affidavit of Ownership of the Defendants contained lies and false
impressions of the truth;
13. Further investigation revealed that the property was declared for taxation purposes
under the name of the Defendants by virtue of a Property Identification map issued
by the Provincial Assessor of La Union and a Property Record Form approved by
the Provincial Assessor of La Union, copies of which are hereto attached as follows:

Property Identification Map - Annex “S”

Defendants Cadastral ARP No. PIN Annex

Lot No.
A-0011 010-00892 008-03-010-09- “T”
049
13 PT 010-00891 008-03-010-09- “U”
048
14 PT 010-00887 008-03-010-09- “V”
044
14 PT 010-00889 008-03-010-09- “W”
046
A-0009 010-00888 008-03-010-09- “X”
045
A-0010 010-00890 008-03-010-09- “Y”
047

14. On the left side portion of all the Property Record Forms, the following notation is
stated:

“NOTE: This parcel forms part of the duly approved survey plan , Lot 2, PSU-01-
0008270 and partly duplicates ARP No. 010-000829 declared in the name of .”;

15. The false claims of ownership of the Defendants _________________________cast

uncertainties over the ownership and possession of the Plaintiff and his predecessors
in interest who have been in open, peaceful and continuous possession and ownership
over the entire property since 1987 up to the present;
16. Because of the false and fraudulent acts and claims of the Defendants, Plaintiff hired
the services of Counsel for a fee of P20,000.00 plus appearance fee of P2,000.00 and
filed the instant Complaint. A copy of Counsel’s receipt is hereto attached as Annex
“Z”;
17. As a result of the fraudulent acts and false claims of the Defendants, Plaintiff suffered
mental anguish, anxiety and sleepless nights and are therefore entitled to moral
damages of P100,000.00;
18. To set an example for public good and to deter similar dealings of defendants in the
future, Plaintiff is entitled to an exemplary damage of P100,000.00;

PRAYER

WHEREFORE, premises considered, Plaintiff most respectfully prays that,

after due notice and hearing, judgment be rendered:

1. Declaring the Plaintiff as the absolute owner of those parcels of land particularly
described as follows and its derivative lots:
2. Declaring the respective Affidavit of Ownership, Property Identification Map and
all or any annotation and encumbrance pertaining to any claims of ownership of
Defendants annotated and noted in the above mentioned Tax declarations
executed as null and void;
3. Ordering the Register of Deeds of La Union, Provincial Assessor of La Union
and Municipal Assessor of Aringay, La Union to ANNUL and CANCEL Tax
Declaration Numbers 2009-02-0010-00721, 2009-02-0010-00724, 2009-02-0010-
00723, 2009-02-0010-00726, 2009-02-0010-00732, 2009-02-0010-00733, 2009-
02-0010-00734 and 2009-02-0010-0075 and reinstituting Tax Declaration
Numbers 2009-02-010-00722 and 2009-02-0010-00725;
4. Ordering defendants to pay the Plaintiff jointly and severally the amounts of:
a. P20,000.00 representing Attorney’s fee;
b. P100,000.00 as moral damages;
 c. P100,000.00 as exemplary damages;
d. Litigation expenses/ cost of the suit;

Plaintiff also prays for other relief and remedies that this Honorable Court
may deem just and equitable under the premises.

October 30, 2014, San Fernando City, La Union, Philippines.