Complaint-Quieting asdof Title With TRO - Group 4

8/9/2019 Complaint-Quieting asdof Title With TRO - Group 4

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REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURT

11th Judicial Region

Branch ______ City of Davao

ALONA DIMZON,Plaintifs,

-ves!s- CI"IL CASE N#$ %%%%%%%

FOR& Quieting of Titlewith Temporary Restraining Order and Preliminary Injunction

BOBB' ORDANEZA,De(en)ant$

x-----------------------------------x

COMPLAINT

COMES NO*, the plainti, through the undersigned

counsels and unto this Honorale Court, !ost respectfully

avers that"

T+e Paties

1 #lainti ALONA DIMZON is of legal age, $ilipino

citi%en, single, &ith residence at Davao City and can e

reached and served court orders, notices and other

processes at the o'ce address of the undersigned

counsels(

) Defendant BOBB' ORDANEZA is of legal age, $ilipino

citi%en, !arried, &ith residence and postal address at

Bloc* + ot . Country Ho!es /ud0, Caantian, Davao

City, &here he !ay e served &ith su!!ons and other

court processes(

T+e Fats #( t+e Case



23 D45623 is the sole heir1 and successor-in-

interest of the late C2R623 6R78-D45623, &ho

died intestate on 9 5arch ):1))(

; During her lifeti!e, C2R623 6R78-D45623 &as

the o&ner of a parcel of land located in Davao City,

&hich property used to e covered y 7ransfer

Certi<cate of 7itle =7C7> 3o0 1::.: of the Registry of

Deeds of Davao City(

? 4n or aout the year )::@, B2BBA 2RD386, &ho&as a long ti!e friend of C2R623 6R78-D45623,

orro&ed 7ransfer Certi<cate of 7itle =7C7> 3o0 1::.: to

secure various personal loan oligations fro! a certain

C23/73C4 2586 in the aggregate a!ount of

#.::,:::0::0

9 ccordingly, B2BBA 2RD386 assured C2R623

6R78-D45623 that the !ortgage &ould e for a rief

period only and that he &ould forth&ith pay and settle

in full all his personal loan oligations &ith

C23/73C4 2586 to ensure that said !ortgage is

cancelled in the soonest ti!e possile(

. During the eectivity of the Real 8state 5ortgage,

23 D45623 and C2R623 6R78-D45623

!igrated in the nited /tates of !erica to treat the

&orsening health condition of the latter(

@ /o!eti!e in ):1:, C2R623 6R78-D45623

received a letter; fro! B2BBA 2RD386 infor!ing the

for!er that he had <nally settled in full all his personal

1 copy of Birth Certi<cate is herey attached and !ar*ed as 8xhiit E0

) copy of Death Certi<cate is herey attached and !ar*ed as 8xhiit BE0

copy of 7ransfer Certi<cate of 7itle =7C7> 3o0 1::.: is herey attached

and !ar*ed as 8xhiit CE0

; copy of letter is herey attached and !ar*ed as 8xhiit DE0



loan oligations &ith C23/73C4 2586 and the

!ortgage is already cancelled(

+ Ho&ever, B2BBA 2RD386 failed to send together

&ith the letter the 7ransfer Certi<cate of 7itle =7C7> 3o0

1::.:(

1: /ince then, nothing &as heard of B2BBA 2RD386

and the &hereaouts of 7ransfer Certi<cate of 7itle

=7C7> 3o0 1::.:(

11 pon the de!ise of C2R623 6R78-D45623,

23 D45623 returned to the #hilippine in ):1;0 /he

inFuired &ith the Civil Registry of Deeds of Davao City

as to the status of 7ransfer Certi<cate of 7itle =7C7> 3o0

1::.:(

1) 23 D45623 &as surprised to *no& that 7ransfer

Certi<cate of 7itle =7C7> 3o0 1::.: had eco!e the

suGect of Deed of Conditional /ale &ith B2BBA

2RD386 in ):11(

1C2R623 6R78-D45623, during her lifeti!e, never

!entioned to her only heir 23 D45623, that the

property &as a suGect of sale(

1; 23 D45623 i!!ediately scheduled a !eeting &ithB2BBA 2RD386 &herein the latter gave her a copy

of the Deed of Conditional /ale? and other pertinent

docu!ents(

1? 23 D45623 noticed that the docu!ents have lots

of irregularities especially &ith the signature of

C2R623 6R78-D45623(

? copy of Deed of Conditional /ale is herey attached and !ar*ed as

8xhiit 8E0



19 hen 23 D45623 chec*ed the property, she found

out a construction on-going to fence the property(

1. 7he assessed value of the land is #1, ?::, :::0::(

1@3eedless to state, all the aforedescried dealings,

transactions and proceedings concerning the suGect

property &ere fraudulent and highly ano!alous(

T+e Ca!se #( Ati#n

1+ #lainti reiterates the foregoing state!ents and

alleges the cause of action of this co!plaint"

=1> 7he plainti has a legal or an eFuitale title to or

interest in the real property suGect of action, and

=)> 7he deed, clai!, encu!rance or proceeding

clai!ed to e casting cloud on his title !ust e sho&nto e in fact invalid or inoperative despite its pri!a

facie appearance of validity or legal e'cacy0

):Based on the foregoing, the #lainti 23 D45623 is

herey praying of this Honorale Court for the re!oval

of the cloud on the suGect title and recovery of the

sa!e0

)1 7he issuance of the te!porary restraining oder is

sought efore the court to restrain B2BBA 2RD386

fro! co!pleting the construction of fence on said

property(

T+e Pae

*HEREFORE, pre!ises considered, it is !ost

respectfully prayed unto this Honorale Court that, after

hearing, Gudg!ent e rendered ordering the defendant to"



1 Return the suGect property(

) Restrain fro! fencing the property(

2ther Gust and eFuitale reliefs are also herey prayed

for0

RESPECTFULL' SUBMITTED$

1; January ):1? at Davao City, #hilippines0

ALONA DIMZON

#lainti

*OMEN AT LA*

Roo! 5-), 5e%%anine $loor

Ielasco Building, J0# aurel /t0,Davao City

By"

ATT'$ .ONAH CADIATAN

Counsel for the #lainti #7R 3o0 1)991@ :1:)):14B# 3o0 @@;:?1)):):1)

Roll 3o0 ?.@;5C8 3o0 444-::1+:1

Date 4ssued" 1:1:):1:

ATT'$ MARRIANE DELIGERO

Counsel for the #lainti #7R 3o0 1)991+ :1:)):1

4B# 3o0 @@;:91)):):1)Roll 3o0 ?.@?

5C8 3o0 444-::1+:)Date 4ssued" 1:1:):1:



ATT'$ ROSALIE NUNEZACounsel for the #lainti

#7R 3o0 1)99): :1:)):14B# 3o0 @@;:.1)):):1)

Roll 3o0 ?.@95C8 3o0 444-::1+:


ATT'$ .ENNID' TAMBORCounsel for the #lainti

#7R 3o0 1)99)1 :1:)):14B# 3o0 @@;:@1)):):1)

Roll 3o0 [email protected] 3o0 444-::1+:;




E/+i0it 1D2

.!ne 34, 5636

Dea C#a,

ood dayK

Ho& are youL re you getting &ellL 4 hope you etter no&0 hen are

you co!ing ac* to DavaoL

By the &ay 4 &ant to infor! you that 4 have already settled in full all

!y personal oligations to 5s0 Constancia0 7hus, the !ortgage in your

property is already cancelled0

4 a! also &riting to express !y gratitude for all your help especially in

letting !e orro& the 7C7 of your property for !e to secure !y loan0

od less youK

/incerely,

BOB



EXHIBIT “E”

DEED OF CONDITIONAL SALE

KNOW ALL MEN BY THESE PRESENTS:

This conditional deed of sale entered into this 20 th day of April 2011, in

the City of Davao, by and between:

CORAZON ZARATE-DIMZON, of legal age, Filipino, and resident

of #2 !ala"ea t$, D%& 'illage, Davao City, hereinafter referred to asVENDOR $

BOBBY ORDANEZA, of legal age, Filipino, and resident of %loc( )

*ot + Co-ntry .o"es -bd$, Cabantian, Davao City, hereinafter

referred to as VENDEE$

WITNESSETH

That, the VENDOR do hereby sell, convey, and transfer in a "anner

absol-te and irrevocable -nto said VENDEE, his heirs and assigns, for

and in consideration of ONE MILLION (P1, 000,00000! P"#$#%%#&'

C))'&*+, the property, therein, sit-ated in %arangay Calinan , Davao

City, and "ore partic-larly described as follows:

TRANSFER CERTIFICATE OF TITLE NO 1000

A parcel of land beginning at a point "ar(ed /1 of *ot

no$ +0, Cad$ +1D, being $ 23 4$, 31$ "$fro" %**5 6o$ 7, Cad$ +1D8 thence 6$ 9$,

$)) "$ to point 28 $ 2102 9$, 10$3 "$ to point +8 $

200 9$, 12$1 "$ to point 8 $ 3)0$ )$0 "$ to

point 8 6$ +12 4$, 2) "$ to point 18 point of

beginning$ Containing an area of F7'9 .;6D<9D

A6D 97=.T> T4? @2 B;A<9 59T9<$

That the consideration will be paid in the following "anner8

ONE HNDRED FIFTY THOSAND PESOS(P1.0,00000! will be paid on the 20th of April 2011ONE

HNDRED THOSAND PESOS (P100,00000! will be paid

on the /" M2+ 3011, representing one fo-rth @1 th of the

p-rchase price$



TWO HNDRED FIFTY THOSAND (3.0,000!, will be

paid on the 40/" 5$+ 3011, representing anotherone fo-rth

@1th of the p-rchase price$

The a"o-nt of FIVE HNDRED THOSAND (P.00,000!

will be paid, representing the other half of the p-rchase price, in

#&6/2$7'&/6 according to the following 6*"'8$' %2+7'&/68

O*/9') 40, 3011 P1.0, 00000

N'79') 40, 3011 P1.0, 00000

D'*'79') 40, 3011 P300, 00000

That in case, the re"aining balance of 200,000 is not paid in f-ll on or

before Dece"ber +0, 2011, the '96D99 shall be given )0 days

etension to pay the price in f-ll$ ?therwise, the re"aining balance

shall be s-bEected to an interest rate of per ann-", payable "onthly

fro" the date of epiration of s-ch etension$

That, however, in the event the '96D?< fails to co"ply with his

obligation, the p-rchase price which has been paid shall li(ewise earn

legal interest in favor of the '96D99$

That the '96D?< shall give the '96D99 absol-te and co"plete

control and possession of the s-bEect property and allow theintrod-ction of i"prove"ents thereon -pon the receipt first pay"ent$

F-rther, that in the event that the '96D?< sho-ld fail or deliberately

ref-se to co"ply with his obligation, the '96D99 shall be rei"b-rsed

of the a"o-nt of the p-rchase price paid, cost of i"prove"ents as well

as beneficial interests and other da"ages that the '96D99 "ay s-ffer$

And Finally, '96D99 shall pay -npaid real estate taes for 2012,

capital gains ta, doc-"entary sta"p ta, cost registration$

76 47T69 4.9<9?F, 7 have here-nto set "y hand this 20th day

of April 2011, at Davao City, &hilippines$

CORAZON ZARATE-DIMZON

'96D?<

CTC 6o$ 201

7ss-ed on April 2011

At Davao City

BOBBYORDANEZA

'96D99

CTC 6o$ )3



7ss-ed on April 2011

At Davao City

SI;NED IN THE PRESENCE OF:

GGGGGGGGGGGGGGGGGGGGGGGGGG

GGGGGGGGGGGGGGGGGGGGGGG

4itness 4itness

ACKNOWLED;MENT

<9&;%*7C ?F T.9 &.7*7&&769

C 7 T > ? F D A ' A ? $$

HH

%9F?<9 59, 6otary &-blic for and in Davao City, personally appeared

CORAZON ZARATE-DIMZONwith herCo""-nity Ta Certificate 6-"ber

201 which will epire on April 2012 and BOBBYORDANEZA withhisCTC 6o$ )3 4hich will epire on April 2012, as his co"petent evidence of identification, and

they represented to "e to be the sa"e person who eec-ted the foregoing D99D

and they ac(nowledged to "e that the sa"e is his free and vol-ntary act and deed$

47T69 5> .A6D A6D 9A* on the date and at the place herein first stated$

ATTY BENA SOFIA LO;RAMONTE

6otary &-blic for Davao City

;ntil Dece"ber +1, 2012

6otarial Co""ission 6o$ 201+

<oll of Attorney 6o$ 2,2&T< 6o$ 2208 121+8 Davao City

Doc$ 6o$ GGGGGGG8 7%& 6o$ 2208 121+8 Davao City

&age 6o$ GGGGGGG8 Tin 6o$ 32+21

%oo( 6o$ GGGGGGG8 econd Floor, IAC %-ildingeries of 201$ I$&$ *a-rel Aven-e %aEada, Davao City

Complaint-Quieting asdof Title With TRO - Group 4

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