Complaint Legal Forms

Republic of the Philippines Regional Trial Court of Bulacan Third Judicial Region Malolos City, Bulacan Branch 7 VICTORIA
C. CRUZ, represented herein by Attorney-in-Fact JENINA LOPEZ, Plaintiff, -versusCIVIL CASE NO. 201-M-2013 FOR: Annulment of Title and Deed, with Damages
FLORDELIZA C. SARMIENTO and the REGISTER OF DEEDS OF BULACAN, Defendants. x-----------------------------------------x
COMPLAINT
COME NOW plaintiff, by counsel and unto this Honorable Court respectfully states that: 1. Plaintiff Victoria C. Cruz, is of legal age, Filipino, and resident of _______, herein represented by Jenina Lopez, Attorney-in-Fact, also of legal age, Filipino and resident of ________, where she may be served with summons and other court processes. Photocopy of Special Power of Attorney of herein representative is hereto attached and made as an integral part hereof as Annex A; 2. Defendant Floredeliza C. Sarmiento, is of legal age, Filipino, and resident of ________, and public defendant Register of Deeds of Bulacan, is impleaded being a nominal party who is the repository of the title sought to be annulled with office address at Guiguinto, Bulacan, where they may be served with summons and other court processes;
3. The plaintiff and defendant are the surviving heirs of Constancio S. Cruz who died on September 9, 1991 and Estelita F. Cruz who died on September 1, 2007. The photocopies of their respective death certificates are hereto attached and made as an integral part hereof as Annexes B and C; 4. During the lifetime of their parents, they left a conjugal property consisting of a parcel of land located in Panginay, Balagtas, Bulacan which is registered in their names under TCT No. RT-1568 (T-214187) of the Register of Deeds of Bulacan. Photocopy of this Certificate of Title is hereto attached and made as an integral part hereof as Annex D; 5. Unknown to the plaintiff, the above property was transferred in the name of the defendant under TCT No.______ of the Register of Deeds Of Bulacan using a Kasulatan sa Bilihan ng Lupa dated December 28, 2004 allegedly executed by their father who was already deceased for thirteen (13) long years. Photocopies of the Certificate of Title and Kasulatan sa Bilihan ng Lupa are hereto attached and made as an integral part hereof as Annexes E and F; 6. In view of this patent nullity and being members of the same family, plaintiff exerted great efforts to settle the matter. However, plaintiff efforts proved futile due to the stubborn refusal of Flordeliza to heed on her request. They went to barangay but no agreement was reached and they were issued a Katibayan upang Makadulog sa Hukuman. Photocopy of which is hereto attached and made as an integral part hereof as Annex G; 7. By reason thereof, the plaintiff was herein compelled to institute this present action for the protection of their property rights and interest under the law; 8. The act of the defendant characterized with wanton abuse of trust has caused sleepless nights and immeasurable agony to the plaintiff for
which the latter is entitled to moral damages of Two Hundred Fifty Thousand Pesos (250,000.00); 9. To serve as a deterrent to others who may have similar criminal propensity as that of the defendant, said defendant should be made liable for the payment of exemplary damages to the plaintiff in the amount of Two Hundred Fifty Thousand Pesos (250,000.00); 10.Plaintiff was likewise compelled to secure the services of counsel in order to protect her rights in the sum of Fifty Thousand Pesos (P50,000.00) as and by way of attorneys fees in addition with court appearance fees in the amount of Three Thousand Pesos (P3,000.00) per court appearance; WHEREFORE, it is most respectfully prayed that judgment be rendered against the defendant as follows: 1. Declaring the Sale and the Transfer of Title in favor of Flordeliza C. Sarmiento as null and void; 2. Ordering the Register of Deeds to cancel TCT No._______ and to restore TCT No. RT-1568 (T-214187), the previous covering title of the subject lot in the name of Constancio S. Cruz who and Estelita F. Cruz; 3. Ordering defendant to pay plaintiff the following amount: a. Moral Damages of P250,000.00; b. Exemplary Damages of P250,000.00; c. Attorneys Fees of P50,000.00, in addition with court appearance fees of P3,000 per appearance;
d. Cost of Suit. Plaintiff likewise pray for such other relief and remedy as may be warranted by the circumstances of this case. RESPECTFULLY SUBMITTED: Malolos City, Province of Bulacan March 4, 2013
ROMEO BULURAN CRUZ JR.

Counsel for the Plaintiff 2/F Graceland Building, Guinhawa, Malolos City, Bulacan 3000 Tel No. (044) 791-8888 / Mobile No. 09192328888 IBP No.123456 / Bulacan / 2-15-12 PTR No. 234567/ Malolos City / 2-15-12 Attorneys Roll No. 34567, May 7, 2011 MCLE Compliance No. III-12345678, April 16, 2012
Republic of the Philippines) Malolos City, Bulacan ) SS. VERIFICATION and CERTIFICATION OF NON-FORUM SHOPPING I, JENINA LOPEZ, Filipino, of legal age and resident of_____________, after being sworn to in accordance with law, deposes and states that: I am the Attorney-in-Fact of the plaintiff in the above entitled case, I have caused the preparation of the foregoing complaint, and has read and knows the contents thereof; and, the allegations therein are true and of my personal knowledge or based on authentic records; I further allege and certify, that: I have not theretofore commenced any other action or proceedings involving the same issues in any court or tribunal; to the best of my knowledge, no such action or proceeding is pending with any court or tribunal; if I should thereafter learn that a similar action or proceeding has been filed or pending before any court or tribunal, I undertake to report that fact within five (5) days therefrom.
JENINA LOPEZ Plaintiffs Attorney-in-Fact ID Presented__________ Contact No.___________ SUBSCRIBED AND SWORN to before me this 4th day of March, 2013 at Malolos City, Bulacan. Juan Dela Cruz Notary Public Until December 31, 2013 Roll No.__________ IBP No.__________ PTR No.___________ Issued at_____________ MCLE Compliance No._____ Doc. No.______ Page No.______ Book No.______ Series of______

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Republic of the Philippines Regional Trial Court of Bulacan Third Judicial Region Malolos City, Bulacan Branch 7 VICTORIA

FLORDELIZA C. SARMIENTO and the REGISTER OF DEEDS OF BULACAN, Defendants. x-----------------------------------------x

ROMEO BULURAN CRUZ JR.

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