Republic of the PhilippinesREGIONAL TRIAL COURT Fourth Judicial Region Calapan, Mindoro Branch _________ DIONISIO C. RAMOS, REGINA RAMOS, NESTORA R. FORTUNADO, and SALUD R. GANADEN, Represented by: SALUD R. GANADE, Plaintiffs, --- versus --- Civil Case No. ___________ ANNULMENT OF TITLES AND DEEDS OF SALE AND RECOVERY OF POSSESSION AND DAMAGES SPOUSES LUIS C. RAMOS AND DIOSA SANCHEZ-RAMOS, SARAH RAMOS, DANIEL RAMOS LUIS RAMOS, JR., and THE REGISTER OF DEEDS OF CALAPAN, ORIENTAL MINDORO Defendants. x-----------------------------------x COMPLAINT PLAINTIFFS, through counsel and before the Honorable Court, most respectfully state that: Oriental Mindoro is a government agency which is the repository of Page 2 of 13 . 2) Plaintiffs Dionisio C. 5) Defendants Sarah Ramos. San Juan. San Juan. Said plaintiff is the authorized representative of other plaintiffs by virtue of a Special Power of Attorney (SPA). 6) Defendant Register of Deeds of Calapan. Filipinos with common postal address at No. are of legal age. Daniel Ramos. and 4) Defendants spouses Luis C. Quezon. Quezon City. 31 Mojica Street. Greenfield Subdivision. Infanta. of legal age. single. Batangas. married. Jr. Filipino and with residence and postal address at Brgy. Palahanan 2. and Luis Ramos. Batangas. Filipinos and with common residence and postal address at Brgy.THE PARTIES 1) Plaintiff Salud Ramos Ganaden is of legal age. where they may be served with summons and other processes of this Honorable Court. married. Ramos and Regina Ramos are of legal age. Ramos and Diosa Sanchez-Ramos are of legal age. where they may be served with summons and other processes of this Honorable Court. Batangas. widow. 3) Plaintiff Nestora Ramos Fortunado. 31 Mojica Street. Filipinos with common postal address at No. Novaliches. married. San Juan. Ingas. a photocopy of which is appended herewith as Annex A and Annex A-1. Filipino and with residence and postal address at Lot 10 Blk 25 Chico Street. Page 3 of 13 . THE CAUSE OF ACTION FOR ANNULMENT OF TITLES. and transfer of titles thereof. Naujan. DEEDS OF SALE AND RECOVERY OF POSSESSION 3) Plaintiffs are among the nine (9) children and legal heirs of deceased spouses Jose Ramos and Cleotilde Ramos. RT*-125 (t-1942). the latter being the absolute owners of a parcel of land covered by Transfer Certificate of Title No. 30-007025-A and with an aggregate area of 13. The Spouses caused the extra-judicial settlement of the intestate estate of spouses Jose Ramos and Cleotilde Cantos. C-1. respectively. 4) Defendants spouses Luis C. on 31 August 2008. is located in Barangay Pinagsabangan. Ramos and Diosa Sanchez-Ramos (hereinafter referred to as “The Spouses”) are the brother and sister-in-law of the plaintiffs.2468 hectares. C-2. cancellation. and C-3. Oriental Mindoro. This parcel of land. declared under Tax Declaration No. Oriental Mindoro. A photocopy of such extrajudicial settlement is appended herewith as Annex C.records affecting properties and is tasked with the registration. A photocopy of the said title is appended herewith as Annex B and Annex B-1. dividing among the heirs the said parcel of land. Defendant Register of Deeds may be served with summons and other processes of this Honorable Court in the Office of the Registry of Deeds of Calapan. Plaintiffs were asked to sign a document purportedly a receipt for such amount. Daniel. are the children of the Spouses. provided there is a “good deal. all surnamed Ramos. 9) However.5) Defendants Sarah. 7) Unknown to Plaintiffs. the Spouses informed Plaintiffs that they finally found a buyer who is willing to buy their share on the land. Jr.” On 01 August 2013. the prospective buyer was never introduced to Plaintiffs and the supposed negotiation for the sale did not take place. the prospective buyer is giving them Php50. and Luis. Expectacion S. Bautista-Baldeo. On that occasion. Page 4 of 13 .. Thereafter. the Spouses introduced to Plaintiffs their lawyerfriend named Atty.000 each to be considered as part of the purchase price in the event of a successful sale between Plaintiffs and the prospective buyer. 8) Plaintiffs expressed their intention to sell their individual shares on the land upon the issuance of their certificates of title and. Plaintiffs readily agreed upon the assurance that their respective titles will be immediately processed through the help of the Spouses’ friend who is a lawyer. That in recognition of Plaintiffs’ willingness to sell their respective shares. the Spouses informed Plaintiffs that they will process the issuance of the individual certificates of title corresponding to their share. the individual certificates of title were already issued in 2011 but the Spouses deliberately failed to inform them of such fact. The Spouses did not bother to explain the reason thereof. 6) After the extrajudicial partition. declared under Tax Declaration No. Transfer Certificate of Title (TCT) No. 11) Plaintiffs vehemently deny the execution of the aforesaid Deeds of Absolute Sale and the appearance before a notary public to acknowledge said transaction. 201208051-00293. at the time of such transfer had no capability to purchase the subject property.00 was CANCELLED and a new one issued in favor of the Spouses’ daughter Sarah S. A photocopy of Plaintiff Page 5 of 13 Regina Ramos’ . upon being informed by their tenant of several decades. 13) Accordingly.71 and assessed value of Php25. 12) Through these fictitious Deeds of Absolute Sale. Thus. were surprised that the latter was asked by the Spouses to vacate the land. 064-2012005611 in the name of Plaintiff Regina Ramos declared under Tax Declaration No. Ramos under TCT No. the same having been purchased through several Deeds of Absolute Sale executed between them and Plaintiffs. the inevitable conclusion is that the Spouses forged Plaintiffs’ signatures in order to facilitate the execution of these fictitious Deeds of Absolute Sale. D-1. The Spouses contended that they are the registered owners of the land. the Spouses successfully caused the cancellation of Plaintiffs’ individual certificates of title which were earlier issued without their knowledge.898. F-1. E-1. photocopies of which are appended herewith as Annexes D. 064-2014001626. and G-1. and new titles were issued in favor of the Spouses and their children who.10) Plaintiffs. F.560. G. 2012-08051-00282 with a market value of Php63. E. and L-3.CANCELLED Certificate of Title is appended herewith as Annexes H. J2. H-3.894. A photocopy of Plaintiff Dionisio Ramos’ CANCELLED Certificate of Title is appended herewith as Annexes J.560. and a photocopy of the new TCT in the name of the Spouses Luis C. J-1.560.00 was CANCELLED and a new one issued in favor of the Spouses under TCT No.37 and assessed value of Php25. Ramos and Page 6 of 13 . Ramos is appended herewith as Annexes I. 2012-08051-00289. 2012-08051-00277 with a market value of Php63. 0642014001624.00 was CANCELLED and a new one issued in favor of the Spouses’ son Luis C. 2012-08051-00278 with a market value of Php63. H-2. A photocopy of Plaintiff Salud Ramos’ CANCELLED Certificate of Title is appended herewith as Annexes L. L-1. 15) Transfer Certificate of Title (TCT) No. and a photocopy of the new TCT in the name of Luis C. and J-3. declared under Tax Declaration No. declared under Tax Declaration No. Ramos.37 and assessed value of Php25. Jr. under TCT No. I-1 and I-2. L-2. H-1. 064- 2012005606 in the name of Plaintiff Salud Ramos declared under Tax Declaration No. 14) Transfer Certificate of Title (TCT) No. and a photocopy of the new TCT in the name of Sarah S.894. Ramos is appended herewith as Annexes K. 2012-0805100290. 064-2014001625. 064- 2012005607 in the name of Plaintiff Dionisio Ramos declared under Tax Declaration No. K-1 and K-2. 2012-08051-00281 with a market value of Php63. A photocopy of Plaintiff Nestora Ramos’ CANCELLED Certificate of Title is appended herewith as Annexes N. P-4.Diosa Sanchez-Ramos is appended herewith as Annexes M and M-1. Photocopies of the Tax Declarations of aforesaid properties are appended herewith as Annexes P. Plaintiffs exerted earnest efforts to settle the matter with the Defendants through verbal communication and. A photocopy of said letter request dated July 04. P-2. declared under Tax Declaration No. N-1. O-1 and O-2.71 and assessed value of Php25. 2014 and the LBC receipt is appended herewith as Annexes Q and Q-1. 19) In Sevilla vs. 18) These factual events fraudulently dispossessed Plaintiffs of their rightful shares in the property left by their deceased parents. finally. 875 [1955]) reconveyance was allowed where the TCT was procured under circumstances of constructive trust based on fraudulent Page 7 of 13 .897. 064- 2014001627. spouses Jose Ramos and Cleotilde Cantos. N2 and N-3. P3. P-5. Ramos under TCT No. and a photocopy of the new TCT in the name of Daniel S. 16) Transfer Certificate of Title (TCT) No. Ramos is appended herewith as Annexes O. 2012-0805100292. 17) To avoid litigation.00 was CANCELLED and a new one issued in favor of the Spouses’ son Daniel S.560. De los Angeles (97 Phil. P-1. through a written request. P-6 and P-7. 064- 2012005610 in the name of Plaintiff Nestora Ramos declared under Tax Declaration No. representations. shall be null and void. This mode of acquiring title creates what is called "constructive trust" in favor of the defrauded party and entitles the latter a right to the reconveyance of the property. any subsequent registration procured by the presentation of a forged duplicate certificate of title. 1529 (also known as the Property Registration Decree). 20) Similarly. the owner may pursue all his legal and equitable remedies against the parties to such fraud without prejudice. under Sec. After the entry of the decree of registration on the original petition or application. 53 of PD No. said provision provides: “In all cases of registration procured by fraud. an original owner of registered land may seek the annulment of the transfer thereof on the ground of fraud and the proper remedy is reconveyance. In the instant case. Thus. the Spouses procured the TCTs upon their orchestrated fraudulent representation in their petition for cancellation of title. or a forged deed or other instrument. however. to the rights of any innocent holder for value of a certificate of title. The subsequent TCT obtained by fraud or through a forged deed shall be cancelled for being null and void.” THE CAUSE OF ACTION FOR DAMAGES Page 8 of 13 . 18) In order to protect their rights and interest over the parcel of land covered by Transfer Certificate of Title No. fright. joint and several.00 as and for exemplary damages.000. from defendants.000. solidarily. in solidum. THE RELIEFS Page 9 of 13 . to pay to plaintiffs the amount of Php100. moral shock and similar injuries thereby warranting the individual award of moral damages in the sum of Php100. plaintiff were compelled to litigate and incur expenses thereby entitling them to the award of attorney’s fees in the amount of Php20.000. nominal damages in the amount of Php50.00. 19) Due to the unlawful acts committed by defendants plaintiffs are continuously suffering from mental anguish. RT*125 (t-1942). 21) In order to discourage those who are similarly bent from doing such detestable act of defendants and in order to set an example for the public good.00 under Articles 2221 and 2222 of the Civil Code. serious anxiety. defendants should be adjudged.000.00. RT*125 (t-1942) that was illegally misappropriated by defendants. 20) For the vindication of the rights of plaintiffs over the parcel of land covered by Transfer Certificate of Title No. plaintiffs are entitled to receive from defendants. and e) Cost of suit. 3) REINSTATING Transfer Certificates of Title Nos.000. 064-2014001624. 064-2012005607. Quezon City for Calapan City. and 064-2014001627 for being NULL and VOID. 064-2012005606.00 as exemplary damages. d) PhP100. c) PhP50. 4) ORDERING defendants to jointly and severally pay plaintiffs: a) PhP20. 064- 2014001625. it is most respectfully prayed from this Honorable Court that.00 as nominal damages. November 14.WHEREFORE. 2) ORDERING the cancellation of Transfer Certificates of Title Nos.00 as moral damages.000. 0642012005611. Plaintiffs pray for such other reliefs and remedies that are just and equitable under the premises. .00 as and for attorney’s fees. b) PhP100. premises considered. judgment be rendered as follows: 1) ORDERING the Deeds of Absolute Sale NULL and VOID. 2014. Page 10 of 13 Oriental Mindoro.000. 064-2014001626. 064- 2012005610.000. after due notice and hearing. 0016174 April 10.. by virtue of Special Power of Attorney in the Page 11 of 13 . Q. Pinyahan Quezon City Roll of Attorney No. Q. 925983.RIO T. 9120190. 34988 PTR No. Brgy. married. of legal age. MCLE No. 01/15/14.C. Quezon City.C. ESPIRITU Counsel for Plaintiffs 48-C Malakas St. IV . IBP No. 2013 CERTIFICATION and VERIFICATION I. under oath deposes and say that: I am one of the plaintiff and authorized representative of other plaintiffs. 01/09/14. Novaliches. SALUD RAMOS GANADEN. Filipino and with residence and postal address at Lot 10 Blk 25 Chico Street. Greenfield Subdivision. affiant personally appeared and exhibited her Senior Citizen I. a Notary Public in and for ______________.above entitled case and has caused the preparation of the foregoing Complaint for Annulment of Documents. Page 12 of 13 . to the best of my knowledge. Recovery of Possession and Damages. IN WITNESS WHEREOF. I hereby set my hand this SALUD RAMOS GANADEN Affiant SUBSCRIBED AND SWORN to before me. further. If I should thereafter learn that the same or similar action or claim has been filed or is pending. I have not theretofore commenced any action or filed any claim involving the same issues in any court. disclose a complete statement of the present status thereof. No. I shall report the fact within five (5) days therefrom to the court wherein the aforesaid complaint or initiatory pleading has been filed and I shall. no such other action or claim is pending therein.D. 2923175. tribunal or quasi-judicial agency and. I have read the contents thereof and the same are true and correct of my own personal knowledge or are based on authentic record. issued in Quezon City. No. Doc. _____ Book No. Page 13 of 13 . 2014. _____ Page No.NOTARY PUBLIC Until 31 Dec. _____ Series of 2014.
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Report "Annulment of Title Doc Recov Possess _RAMOS"