REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

11th Judicial Region
BRANCH 4
Panabo City
HEIRS OF FEDERICO AGON &
PRIMITIVA AGON, rep. by
ROSENDO AGON,
Plaintiff,

CIVIL CASE NO. CC 24-2004

-versus-

-for-

APRILYN T. HAO,
TITLE, ETC.
et. al.,

ANNULMENT OF DEED &

Defendants.
X------------------------------------------------/
ORDER
COMPLAINT
3. That plaintiffs are the compulsory heirs of the late spouses
Federico Agon and Primitiva Agon who respectively died on December
24, 1977 and November 20, 2001;
4. That plaintiffs parents during their lifetime are the registered
owners of a certain parcel of land located at Consolacion, Panabo City,
covered by Original Certificate of Title No. (P-11555) P-3483, copy of
the title is attached as Annex B hereof;
5. That by fraud and bad faith on the part of defendants, the
aforementioned property of plaintiffs parents was simulated to have
been allegedly sold to defendants with the use of a forged document
said to be executed on February 10, 1995 copy of which is hereto
attached as Annex C hereof;
6. That the sale is absolutely simulated and void since plaintiffs
father died in 1977 and obviously could not have signed the

questioned document, while the mother is known to be illiterate and

did not know how to read and write, or even sign her name or affix a
signature;
7. That the sale to defendants being fraudulent and thus, null and
void, the Certificate of Title No. C-6266 issued to defendants is likewise
null and void and without any effect whatsoever since it was issued
from an illegal source;
8. That by reason of the fraudulent transfer of the property of
plaintiffs parents and in order to protect their interests, the plaintiffs
have been constrained to initiate the suit and in so doing, have spent
for the filing fee and other additional expenses in case of a protracted
litigation all of which should be reimbursed by defendants;
9. That plaintiffs were further obliged to secure the services of
counsel for a fee equivalent to 25% of whatever is recovered on
contingent basis;
10. That the property sought to be recovered has an assessed
value of P103,540.00;
WHEREFORE, premises considered, it is respectfully prayed of the
Honorable Court that after hearing, judgment be rendered as follows:
a. To declare the deed of absolute sale as null and void;
b. To order defendants to re-convey to plaintiffs the property
covered by Transfer Certificate of Title No. C-6266 and/or cancel
said title of defendants;
c. To order defendants to reimburse the filing fee and all litigation
expenses incurred by plaintiffs;
d. To order defendants to pay plaintiff attys fees equivalent to 25%
of the property recovered;
e. To pay the cost of suit.
ANSWER WITH COUNTERCLAIM

Defendants by counsel to this Honorable Court, respectfully

states:
1. For lack of knowledge or information sufficient to form a belief
as to the truth or falsity of the allegation contained in
paragraph 1 of the complaint, the same is specifically denied;
2. Defendants admit the allegation contained in paragraph 2 of
the complaint;
3. Defendants specifically deny the allegations contained in
paragraph 3 of the complaint, for lack of knowledge or
information sufficient to form a belief as to the truth or falsity
of the same;
4. Defendants admit the allegation contained in paragraph 4 of
the complaint relative to the owners of the parcel of land
covered by OCT NO. (P-11555) P-3483 but deny the rest of the
allegations, for lack of knowledge or information sufficient to
form a belief as to the truth or falsity of the same;
5. Defendants specifically deny the allegations contained in
paragraph 5, 6, 7, 8, 9 and 10 of the complaint, for being
baseless and unfounded conclusion of fact and/or law.
Moreover, the same are specifically denied for lack of
knowledge or information sufficient to form a belief as to the
truth or falsity of the same;
AND AS
SPECIAL AND AFFIRMATIVE DEFENSE
6. Plaintiffs are ought to know that they have no cause of action
against herein defendants and/or the present case is prematurely filed taking into account the fact that there is great
uncertainty as to the claim of being alleged heirs of the
claimed deceased Federico Agon and Primitiva Agon;
Other than the bare allegation of heirship, the complaint
does not even contain the certificate of death as well as the
Certificate of Live birth of the alleged heirs.

7. The plaintiffs are barred from their alleged claimed over the
subject property by estoppel and laches. It is highly incredible
for the alleged heirs of Sps. Federico Agon and Primitiva Neri
Agon to sleep on their right for a period of almost fifteen (15)
years from the execution of the sale in favor of herein
defendants in 1995 or twenty seven (27) long years from the
death of their alleged parents Sps. Federico and Primitiva
Agon, of doing nothing relative to the subject parcel of land;
After the sale in 1995, defendants took possession of the
subject property and introduced improvements of the same.
None of the alleged heirs appeared and presented whatever
claims they have to defendants. These, despite the fact that
the plaintiffs are residents of the place where the subject
property are located;
8. Defendants bought the subject property in good faith. In fact
the personnel of the Department of Agrarian Reform,
specifically OIC Provincial Agrarian Reform Officer, Atty.
Benjamin Etulle, Paz A. Bonghanoy and Arsenia Gomez,
Municipal Agrarian Reform Officer, who facilitated the sale and
transfer of the subject property in defendants name;
9. In filing the present complaint, plaintiffs failed to comply with
the provision of the Rules of Court on forum shopping. Hence,
the same must be ordered dismissed.
AND AS
COUNTERCLAIM
Defendants incorporate herein by way of reference all the
allegations contained in the Answer and Special and Affirmative
Defenses, and further state:
10. Plaintiffs have no cause of action against herein defendants
as mentioned above. The filing of this unfounded and
unreasonable suit, caused defendants to engage the services
of counsel for a stipulated fee of P100,000.00 plus P5,000.00
per counsels court appearance and are expected to spend an

additional amount of P50,000.00 as litigation expenses, for

which, plaintiffs must be made to pay;
11. To a s to prevent the occurrence of a similar suit o action in
the future and for public good, plaintiffs must be made to pay
exemplary damages in the amount of P100,000.00;
WHEREFORE, in the light of the foregoing premises, it is most
respectfully prayed that the present case be ordered dismissed.
Defendants pray for such other reliefs and remedies just or
equitable under the foregoing premises.