REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

REGION 7
Branch __, CEBU

JORDANE YUTEEKIONG Civil Case No. 12345

Plaintiff,
For: Annulment of Deed of Absolute
-versus- Sale and Transfer Certificate of Title,
Reconveyance and Damages

JAN BINUYA
Defendant.
X-----------------------------------------X

C O M P LA I N T

PLAINTIFF, through the undersigned counsel, unto this Honorable

Court, most respectfully alleges:

1) That Plaintiff is of legal age, single, Filipino, and a resident

of House No. 1, P. Almendras St., Brgy. Kasambagan, Cebu City,
Philippines;

2) That Defendant is of legal age, single, Filipino, and a resi-

dent of House No. 5, Singson Rd., Guadalupe, Cebu City, Philip-
pines, where summons and court proceedings may be served;

3) That on August 1 2017, Defendant obtained a loan from

Plaintiff in the amount of EIGHT HUNDRED THOUSAND PE-
SOS (PHP 800,000) and since they have been the best of friends for
the longest time, Plaintiff accommodated Defendant by not setting
a date for the satisfaction of such debt with the assumption that De-
fendant would pay when he is able, copies of the Loan Agreement
and the Promissory Note are attached as Annex “A”;

4) That on November 10, 2019, Plaintiff received a text mes-

sage from Defendant which reads, “Hi Jordane, I have here the
money. Pls lang ko kuha sa amo balay anytime today.”, a copy of
the text message is attached and marked as Annex “C”;

5) That at around 7:00 in the evening of November 10, 2019,

Plaintiff rode a Grab vehicle to the Defendant’s home in Guadalupe
and as he arrived at around 7:20, without even alighting said vehi-
cle, Plaintiff received the amount of PHP 800,000 from the Defen-
dant, copy of the Grab receipt is attached as Annex “B”;

6) That upon receipt of such amount and while in an unlit car,

Defendant demanded Plaintiff to sign a document and when Plain-
tiff asked for an opportunity to read such document, Defendant in-
timated that it is only for the purpose of acknowledging receipt of
the sum of Php 800,000;

7) That due to the long-standing friendship of both parties,

Plaintiff hurriedly signed such document and left;

8) That on November 19, 2019, Plaintiff came across a post on

Facebook Marketplace in which a parcel of land owned by him was
being offered for sale by the Defendant;

9) That Plaintiff is the registered owner of the above mentioned

lot situated in Lot No. 12, Shama Ave., Molave Highlands, Busay,
Cebu City which consists an area of 3, 022 square meters and is
covered by Transfer Certificate of Title No. 001-696969, a copy of
the Transfer Certificate of Title is attached and marked as Annex
“D”;

10) That after reading such post, Plaintiff immediately called De-
fendant to ask for an explanation to which Defendant answered,
“Ha? Basin nakalimot ka nga imo gibaligya imong yuta nako. Ni
sign man gani ka sa Deed of Absolute Sale pag November 10. Ka
limtanon gud nimo.”;

11) That upon inquiry with the Register of Deeds, such parcel of
land was indeed subject of a Deed of Absolute Sale dated No-
vember 10, 2019 by virtue of which Transfer Certificate of Title
No. 001-232323 was issued in favor of Respondent, a copy of the
Deed of Absolute Sale is attached and marked as Annex “E”
 12) That Plaintiff acknowledges signing a document upon receipt
of the sum of PHP 800,000 but insists that such amount was re-
ceived as satisfaction of Defendant’s debt contracted in August 1,
2017 and not as payment for the sale of subject land as he never in-
tended to sell such land;

13) That Plaintiff, in order to enforce his rights and interests, has
sought the services of a legal counsel incurring attorney’s fees
amounting to ONE HUNDRED THOUSAND PESOS
(P100,000.00) and an appearance fee of FIVE THOUSAND PE-
SOS (P5,000.00) for every appearance in court;

WHEREFORE, premises considered, it is most respectfully prayed

before the Honorable Court that judgment be rendered:

a) ANNULLING the Deed of Absolute Sale dated November 10, 2019

b) CANCELLING Transfer Certificate of Title No. 001-232323

c) RECONVEYANCE of the entire property and to restore Transfer

Certificate of Title No. 001-696969

d) ATTORNEY’S FEES amounting to ONE HUNDRED THOU-

SAND PESOS (P100,000.00) plus Appearance Fee at the rate of a FIVE
THOUSAND PESOS (P5,000.00) per court hearing/conference;

Other reliefs and remedies deemed just and equitable under the fore-
going premises are hereby prayed for.

Cebu City, Cebu, Philippines, November 25, 2019.

JEFFREY FUENTES
 Counsel for the Plaintiff.
Notarial Commission No. 102-15; until Dec. 31, 2019
RM 501, EH Bldg., Pelaez St., Cebu City, Philippines.
Roll No. 40123
PTR No. 83321334 - 1/15/19
IBP No. 1234343 - 1/12/19
MCLE Compliance IV-0092380932 until 1/20/20
REPUBLIC OF THE PHILIPPINES)
CITY OF CEBU )SS.
X-----------------------------------------X

VERIFICATION AND CERTIFICATION

I, JORDANE YUTEEKIONG, of legal age, single and a resident of

House No. 1, P. Almendras St., Brgy. Kasambagan, Cebu City, Philippines,
after duly being sworn to in accordance with law, hereby depose and say:

That I am the Petitioner of the above-entitled case; That I have caused

the preparation of the above Petition and I have read the same and knows the
contents thereof; That the allegations contained therein are true and correct
of my own personal knowledge.

That I further certify that: (a) I have not theretofore commenced any
action or filed any action or claim involving the same issue in any court, tri-
bunal or quasi-judicial agency and, to the best of my knowledge, no such
other pending 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 I should thereafter learn that the same or similar action or claim
has been filed or is pending, I shall report that fact within five (5) days there-
from to the court wherein the aforesaid complaint or initiatory pleading has
been filed.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

24th of November 2019, Cebu City, Cebu, Philippines.

JORDANE YUTEEKIONG
Affiant
 SUBSCRIBED AND SWORN to before me, this 24th day of No-
vember 2019 at Cebu City, Cebu, Philippines, affiant having exhibited to me
his Driver’s License Number H12-10-001881 issued on Oct 19, 2018 at
Cebu City, Cebu Philippines.

Atty. CLARLAINE RADOC

Commission No. 100-20
NOTARY PUBLIC CITY & MUNICIPALITIES
OF CEBU
Until 31 December 2021
CRUZ & CRUZ
Unit 711, 7th Flr. TGU Tower, Asiatown, I.T. Park,
Cebu City
Roll of Attorney No. 65110
PTR No. 123456 - 12/30/2018 - Cebu Province
IBP Lifetime No. 123456 - Cebu Province
MCLE Compliance No. 123400 until 1/20/20

Doc. No. ___

Page No. ___
Book No. ___
Series of 2019
 LOAN AGREEMENT AND PROMISSORY NOTE
ANNEX A
KNOW ALL MEN BY THESE PRESENTS:

THIS LOAN AGREEMENT AND PROMISSORY NOTE (the “Note”), is made this 1st
day of August, 2017, by and between:

JORDANE MICHAEL YU, of legal age, Filipino, single and with home address at #8
Tres Borces St., Mabolo, Cebu City, (hereinafter, known as “LENDER”),

-and-

JAN BINUYA, of legal age, single, and with home address at ____________________
(hereinafter, known as “BORROWER”).  

BORROWER and LENDER shall collectively be known herein as “the Parties”.  In de-
termining the rights and duties of the Parties under this Loan Agreement, the entire
document must be read as a whole.

WITNESSETH that:

THE LOAN

1. At the request of the BORROWER, the LENDER had extended a loan to the
BORROWER in the principal sum of PESOS: EIGHT HUNDRED THOUSAND
ONLY (P800,000.00) (the "LOAN"), the full amount of which is acknowledged to
have been received by the BORROWER.

PROMISSORY NOTE

2. FOR VALUE RECEIVED, I promise to pay without need of demand to the order
of JORDANE MICHAEL YU, at his home address at #8 Tres Borces St., Mabolo,
Cebu City, the principal amount of PESOS: EIGHT HUNDRED THOUSAND PE-
SOS ONLY (P800,000.00), on or before _____________.

3. The parties agree that all actions under this Agreement shall be brought before
the proper courts of Cebu City, each party hereby waiving any other venue.

In witness whereof, I have hereunto set my hands this _____________ at

_____________________.
 JAN BINUYA JORDANE MICHAEL YU
BORROW LENDER

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

Cebu City, Cebu ) S.S.

BEFORE ME this day personally appeared:

Jordane Michael Yu Driver’s License No. 012345678 March 19, 2017/Cebu City
Jan Binuya Driver’s License No. 087654321 October 18, 2016/Cebu City

to me known and known to me to be the same person/s who signed and executed the
foregoing Agreement and each acknowledged to me that the same is executed as his
free and voluntary act and deed and that of the entity represented, if any, for the uses
and purposes therein set forth.

I further certify that said document consists of two (2) pages including this acknowl-
edgement page, and signed by the abovenamed parties and the witnesses on page
______ and on the left margin on each and every other page thereof.

IN WITNESS WHEREOF, I have hereunto affixed my signature and notarial seal in

__________________, this ____________________.

NOTARY PUBLIC
Doc. No. _____
Page No. _____
Book No. _____
Series of 2017



ANNEX B
ANNEX C
ANNEX D