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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


THIRD JUDICIAL REGION
BRANCH ___
xxx

THE HEIRS OF DE GUZMAN


as represented by xxx,
Plaintiffs, Civil Case No. ______
-versus-
For: Annulment of
xxx, Deed of Voluntary
Defendants. Land Transfer,
x- - - - - - - - - - - - - - - - - - - - - - -x Annulment of Title,
Reconveyance with
Damages
COMPLAINT

PLAINTIFFS, through the undersigned xxx, to this


Honorable Court, respectfully allege that:

1. Plaintiff xxx, (xxx for brevity) of legal age, Filipino,


residing at Barangay xxx;

2. Plaintiff xxx, (xxx for brevity) of legal age, Filipino, and


residing at Barangay xxx;

3. Defendant xxx, (xxx for brevity) of legal age, Filipino,


and residing at Barangay xxx where she may be served with
summons and other court processes;
COMPLAINT Page 2 of 6
For Recovery of Possession and
Ownership with Damages

4. Plaintiffs are the children and legal heirs of the late


xxx (xxx for brevity) who died intestate on September 24, 1977 at
Barangay xxx;

Copy of the of the Death Certificate of xxx is hereto attached


and marked as Annex “A”;

5. During his lifetime, xxx was the declared owner of a


parcel of land, which is more particularly bounded and described
as follows:

North: xxx and


xxx
East: Public Land
South: xxx
West: xxx
Location: xxx
Area: 6.0000 hectares

6. On February 20, 1974, xxx executed an Affidavit


declaring that he was the owner-possessor of the above-described
property and that he had been occupying the parcel of land for
more than 40 years prior to 1974 in concept of an owner

Copy of the Affidavit executed by xxx is hereto attached and


marked as Annex “B” and made integral part hereof;

7. On February 20, 1974, a Joint Affidavit was executed


by xxx and xxxz declaring among others that they personally
COMPLAINT Page 3 of 6
For Recovery of Possession and
Ownership with Damages

know xxx and that he is an owner of a parcel of land located at


xxx;

A copy of the Joint Affidavit is hereto attached as Annex “C”


and made integral part hereof;

8. The property was declared for taxation purposes as


evidenced by copies of Tax Declaration of the Real Property hereto
attached which further shows that the property is bounded on the
North by xxx and Heirs of xxx; on the East by a Public Land; on
the South by xxx; on the West by xxx under the name xxxwith the
latest total assessed value Forty Thousand Nine Hundred Forty
Pesos (Php 40, 940.00).

Copy of the Tax Declaration of the Real Property is hereto


attached and marked as Annex “D”;

9. On September 24, 1977, upon the death of xxx,


plaintiffs succeeded to the ownership, possession and legal
interests unto the above-described real property;

10. Sometime on ________-, plaintiffs came to know that


the a portion of the property of their father was transferred to xxx
and xxx purportedly via a DEED OF VOLUNTARY LAND
TRANSFER made by their father as the Landowner and in favor of
xxx and xxx as farmer-beneficiaries;

11. The Deed of Voluntary Land Transfer purportedly


made in favor xxx covers an area of more or less 2.8083 hectares,
covered by Tax Declaration No. xxx with the following boundaries:
COMPLAINT Page 4 of 6
For Recovery of Possession and
Ownership with Damages

North: Lot 924


North-East: Public Forest
South-West: Lot xxx
West: Lot xxx

Moreover, the Tax Declaration No. xxx bears the notation,


“Transferred to the declarant as per Title and as per DEED OF
VOLUNTARY LAND TRANSFER ratified before Notary Public Atty.
xxx under Document No. xxx, Page No. xx, Book No. xx, Series of
xxx.

12. Likewise, the Deed of Voluntary Land Transfer


purportedly made in favor xxx covers an area of more or less .6159
hectares, covered by Tax Declaration No. xxx with the following
boundaries:

North: Lot xxx


East: Lot xxx
South: Lot xxx
West: Lot xxx and xxx

Also, the Tax Declaration No. xxx bears the notation,


“Transferred to the declarant as per Title and as per DEED
OF VOLUNTARY LAND TRANSFER ratified before Notary
Public Atty. xxx under Document No. xxx, Page No. xx, Book
No. xx, Series of xxx.

13. On_____ above-named defendants, with obvious ill


motive and evident bad faith, executed a perjured Deed of
COMPLAINT Page 5 of 6
For Recovery of Possession and
Ownership with Damages

Voluntary Land Transfer covering the subject property to the


damage and prejudice of the rightful heirs. By virtue of said
document, more than -___ of the property were transferred to the
defendants;

14. On account of the dubious document, defendants were


able to cancel Tax Declaration No. under the name of xxx and
transfer to his name a portion of the property under a new Tax
Declaration with No.

A copy of said tax declaration is hereto attached and made


integral part hereof as Annex “;

15. The fact that they used the same spurious Deed of
Voluntary Land Transfer to transfer to their name and to secure
for themselves an Original Certificate of Title only goes to show the
evident bad faith of the defendants to exclude the plaintiffs from
their rightful inheritance.

16. After having discovered the fraud perpetrated by the


defendants, plaintiffs tried to talk with them and exerted efforts
for an amicable settlement but it only fell into deaf ears;

17. On____________, plaintiffs verbally demanded from the


defendants to vacate and peacefully turn over the premises they
respectively occupied unto plaintiffs, but defendants refused and
continue to refuse to accede to plaintiff’s demand, prompting
plaintiffs to refer this case to the Lupong Tagapamayapa of
Barangay xxx, however, no conciliation was reached as the
defendants continue to unlawfully withhold possession and assert
COMPLAINT Page 6 of 6
For Recovery of Possession and
Ownership with Damages

ownership of the subject real property from the plaintiffs,


consequently, a Pagpapatunay sa Pagsampa ng Usapin dated
February 8, 2016 was issued;

A copy of the Pagpapatunay sa Pagsampa ng Usapin is


hereto attached as Annex “F” and made an integral part hereof;

18. It is evident that xxxcould not have transferred a


portion of the property to xxx and xxx in the year 2004 as
appearing in the Deed of Voluntarily Land Transfer as he was
already dead way back in 1977 and as such he could not have
personally appeared before the aforementioned Notary Public to
sign the spurious document;

19. The blatant and audacious act of transferring the


property of xxx to xxx and Lucina via a forged Deed of Voluntarily
Land Transfer caused tremendous anguish and detriment to
herein plaintiffs. On hindsight, defendants opened themselves to
civil and possible criminal suit;

WHEREFORE, premises considered, it is respectfully


prayed for that after notice and hearing, judgment be rendered by
this Honorable Court as follows:

a) ordering the defendants and all others claiming title or


rights under them to vacate the land and return the
possession thereof to the plaintiffs;
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For Recovery of Possession and
Ownership with Damages

b) Cancelling the OCT issued to__ based on a spurious and


forged Deed of Voluntarily Land Transfer

c) Declaring the Deed of Voluntary Land Transfer executed


by the defendants as null and void;

d) Order the Provincial Assessor’s Office to cancel Tax


Declaration----for being null and void

e) Order the Provincial Assessor’s Office to issue new Tax


Declaration covering the 6 hectares under the name of
Heirs of Alberto de Guzman as declared owner.

f) And to pay the cost of suit.

GRANTING unto the plaintiff such other reliefs and


remedies, just and equitable under the premises.

xxx, Philippines. March ___ , 2016.

xxx

by:

Atty. xxx
xxx

Atty. xxx
xxx
COMPLAINT Page 8 of 6
For Recovery of Possession and
Ownership with Damages

Copy furnished:

REPUBLIC OF THE PHILIPPINES)


Iba, Zambales )SS.
x------------------------x

VERIFICATION AND CERTIFICATION

We, xxx and xxx, after having been duly sworn to in


accordance with law, hereby depose and state:

1. That we are the Plaintiffs in the above-entitled case;

2. That we caused the preparation of the foregoing pleading


and that the same is true and correct to the best our my
personal knowledge or based on authentic records;
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For Recovery of Possession and
Ownership with Damages

3. That we had not theretofore commenced any other action


or proceeding involving the same issue in the Supreme
Court, Court of Appeals, or any other tribunal or agency;

4. If we should theretofore learn that a similar action or


proceeding has been filed or is pending before the
Supreme Court, Court of Appeals, or any other tribunal
or agency, I undertake to report that fact within five days
(5) therefrom to this Honorable Body.

xxx xxx
_________________________ _______________________
Affiant Affiant

SUBSCRIBED AND SWORN to before me this ___ day of


March 2016 in xxx, Philippines. Affiants having exhibited to me
their competent proof of identity as stated below their name.

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