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REPUBLIC OF THE PHILIPPINES

6TH Judicial Region


5TH Municipal Circuit Trial Court
Of Buruanga-Malay
Buruanga, Aklan
MILAGROS M. DELA CRUZ
Plaintiff
vs.
ROGELIO M. DELA CRUZ
Defendant
x------------------------------------x

Civil Case No. K12-00025


For: QUIETING OF TITLE
AND DECLARATION OF
OWNERSHIP

POSITION PAPER
PLAINTIFF represented by and through the undersigned counsel and
in compliance with the Preliminary Conference Order dated August 22,
2016
(copy received on September 10, 2016),
hereby submits
Defendants POSITION PAPER.
BRIEF STATEMENT OF FACTS
Plaintiff, Milagros M. Dela Cruz filed a Complaint against defendant,
ROGELIO M. DELA CRUZ,
for:
QUIETING OF TITLE AND
DECLARATION OF OWNERSHIP and docketed as Civil Case No. K1200025 on July 30, 2016.
That plaintiff and defendant are sibling who inherited two (2) parcels
of land of the same area situated at Brgy. Poblacion, Buruanga, Aklan and
that defendant is the elder brother of the plaintiff.
That, as co-owners of the two (2) parcels of land, plaintiff upon the
prodding of the defendant executed a Special Power of Attorney (marked
as Exhibit 1), indicating as follows:
1. Designating defendant as the Administrator of the property;
2. That for convenience and expediency the Original Torrens
Certificate of Title under the name of their late mother,
ANGELINA M. DELA CRUZ, shall be transferred and placed in
the name of defendant, ROGELIO M. DELA CRUZ;
3. That both plaintiff and defendant shall equally share from the
proceed of the fruits in the property.
4. That the defendant shall not sell and/or convey any parcel of
the land without the consent of the plaintiff;

5. That, should any or all parcel of land be sold by the defendant,


the proceeds from the sale shall be equally divided among
them as co-owners of the property.
That defendant without the knowledge and consent of the plaintiff
sold one (1) parcel of the land and solely appropriated to himself the
proceeds of the sale.
That because of the act of the defendant, plaintiff files this complaint,
for the recovery of possession and declaration of ownership of the
remaining parcel of land as her just and rightful share as co-owner of the
property they inherited.
I S S U E
The issue at bar is whether or not the plaintiff has the right to possess
and be declared as owner of the remaining one (1) parcel of land titled in
the name of the defendant by virtue of the Special Power of Attorney
executed by the plaintiff.
DISCUSSIONS/ARGUMENTS IN
SUPPORT OF THE POSITION PAPER
In a Complaint for QUIETING OF TITLE, whenever there is a cloud
on title to real property or any interest therein, by reason of any instrument,
record, claim, encumbrance or proceeding which is apparently valid or
effective but is in truth and in fact invalid, ineffective, voidable or
unenforceable, and may be prejudicial to said title, an action may b brought
to remove such cloud or to quiet the title.
Plaintiff as co-owner of the two parcels of land of the same quantity
have titled in the name of the defendant by virtue of the Special Power of
Attorney executed by the plaintiff, have a legal or equitable title to, or
interest in the remaining one parcel of land which is the subject-matter of
the action.
Defendants action in selling one parcel of land without the knowledge
and consent by the plaintiff was an act done in bad faith, much more that
the defendant kept the proceeds of the sale solely for his own benefit.
Such act of the defendant is contrary to the conditions enumerated in
the Special Power of Attorney and unjustly denied the plaintiff her just and
proportional share in the sale of the parcel of land as co-owner of the
property sold by the defendant without plaintiffs consent.
Having been denied of her just and equitable share in the sale of the
parcel of land, Plaintiff, has the right to demand for the quieting of title and
recovery of possession on the unsold remaining parcel of land, the area of
which is the same as to the one sold by the defendant without the consent
of the plaintiff and the proceed by the defendant solely for himself.

Plaintiff as co-owner of the two parcel of land is entitled to full


ownership of his part and has the right to alienate the same for her sole use
and benefit given that the defendant already alienated by selling the other
parcel of land of the same area and apportioned the proceeds of the sale
for his sole benefit. Thus such act of the defendant may be construed as
an exercise of his right as co-owner of the two parcels of land of having
been alienated his portion of the share of the co-ownership.
PRAYER
WHEREFORE, it is most respectfully prayed of this Honorable Court
to ORDER the QUIETING OF TITLE and DECLARE OWNERSHIP of the
remaining parcel of land under the name of the defendant in favor of the
Plaintiff.
Other relief just and equitable under the premises are likewise prayed
for.
Kalibo, Aklan, Philippines for the 5th Municipal Circuit Trial Court,
Buruanga-Malay, Buruanga, Aklan, September 30, 2016.

MATHEW RODSON Q. MAYOR, JR.


Counsel for the Plaintiff
EJ Compound, Corner Fernandez St.,
Capitol Site, Brgy. Estancia, Kalibo, Aklan
Roll of Attorneys No. 70000
PTR NO. 45003500 : 01-02-2016
IBP No. 792419 : 02-24-16
Issued at Kalibo, Aklan
MCLE Compliance Exempted
Being a New Lawyer

REPUBLIC OF THE PHILIPPINES


6TH Judicial Region
TH
5 Municipal Circuit Trial Court
Of Buruanga-Malay
Buruanga, Aklan
MILAGROS M. DELA CRUZ
Plaintiff
Civil Case No. K12-00025
For: QUIETING OF TITLE
AND DECLARATION OF
OWNERSHIP

vs.
ROGELIO M. DELA CRUZ
Defendant
x------------------------------------x

C O M P LAI N T
PLAINTIFF, MILAGROS M. DELA CRUZ, by and through the undersigned
counsel, unto this Honorable Court, most respectfully state:
1. PLAINTIFF, is of legal age, Filipino, single and residing at 10 Roxas
Ave., Poblacion, Kalibo, Aklan. She may be served with summons
and other processes of the Honorable Court at her address;
2. DEFENDANT, ROGELIO M. DELA CRUZ, of legal age, Filipino,
married, and residing at 70 Melgar Road, Brgy. Estancia, Kalibo,
Aklan is the older brother of plaintiff. He may be served with
summons and other processes of the Honorable Court at his given
address;
3. That, plaintiff and defendant are co-owners two parcels of land with
exactly the same area situated at Barangay Poblacion, Buruanga,
Aklan which plaintiff and defendant inherited from their late mother
ANGELINA DELA CRUZ as evidenced by the attached Holographic
Will (marked as Annex A) and Original Certificate of Title under the
name of ANGELINA DELA CRUZ (marked as Annex B);
4. That plaintiff upon the prodding of defendant, ROGELIO M. DELA
CRUZ executed a Special Power of Attorney (marked as Annex C)
indicating as follows:
4.a. That both plaintiff and defendant are co-owners of the
parcel of land which they inherited from their late mother.
4.b. That, the defendant shall be named the Administrator of
both parcel of land and for convenience and expendiecy the
Torrens Title Certificate shall be transferred and placed in the
name of the defendant.
4.c. That, the defendant as the Administrator and the named
owner in the Torrens Title Certificate of the two parcels of land,

shall not sell and convey any parcel of land without the consent
of the plaintiff.
4.d. That, should any or all parcel of land be sold by the
defendant the proceed from the sale shall be equally shared by
the plaintiff and defendant being co-owners of the said parcel of
land.
4.e. That, defendant sold one parcel of land without the
consent of the plaintiff and in bad faith did solely keep for his
own personal gain the proceeds of the sale.
5. That by reason of the defendants bad faith in selling one parcel of
land of their inheritance in violation of the terms indicated in the
Special Power of Attorney, Plaintiff was forced to engage the
services of counsel to protect her rights and interest in the amount of
Fifty Thousand Peson (PhP50,000.00) and expects to incur litigation
expenses in the amount of One Hundred Thousand Pesos
(PhP100,000.00);
WHEREFORE, it is most respectfully prayed that judgment:
1.
Ordering defendant to cease and desists from acting as
Administrator of the remaining one (1) parcel of land owned by the Plaintiff
as part of her inheritance from their deceased mother, defendant having
had sold the other parcel of land exactly of the same area without
knowledge of the plaintiff and having solely kept to himself for his own
benefit and use the proceed of the sale;
2.
To Quiet the Title of the defendant on the remaining one (1)
parcel of land and to declare plaintiff as the rightful owner of the same as
her share as co-owner with the defendant of the two parcels of land of the
same area, the other area having been sold by the defendant and the
proceed of which the defendant solely allocated for himself.
3.
To pay Plaintiff the sum of Fifty Thousand Pesos
(PhP50,000.00) as and for attorneys fees and One Hundred Thousand
Pesos (PhP100,000.00) as litigation expenses.
Plaintiff also pray for such other remedy as this Court may deem just and
equitable.
Kalibo, Aklan, Philippines, for 5TH Municipal Circuit Trial Court of BuruangaMalay, Buruanga, Aklan, July 24, 2016.

MATHEW RODSON Q. MAYOR, JR.


Counsel for the Plaintiff
EJ Compound, Corner Fernandez St.,
Capitol Site, Brgy. Estancia, Kalibo, Aklan
Roll of Attorneys No. 70000
PTR NO. 45003500 : 01-02-2016
IBP No. 792419 : 02-24-16
Issued at Kalibo, Aklan
MCLE Compliance Exempted
Being a New Lawyer

VERIFICATION AND CERIFICATION


ON NON-FORUM SHOPPING
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF AKLAN
)S.S.
MUNICIPALITY OF KALIBO
)
x---------------------------------------------x
I, MILAGROS M. DELA CRUZ, of legal age, Filipino, single, and
residing at with office address at 10 Roxas Avenue, Poblacion, Kalibo,
Aklan hereby state THAT:
1. I am the plaintiff in the above captioned case.
2. I have caused the preparation and filing of the foregoing complaint
and
have read the contents thereof and understood the same, and all
the allegations therein are true and correct of my personal
knowledge and based on authentic record.
3. I certify to the best of my knowledge that I have not instituted any
action involving the said matter or cause of actions nor is there any
pending before the Supreme Court, Court of Appeal or any of its
divisions ordinary court or agency.
4. I further warrant that should I learn of any such case, pending or
otherwise the same will be reported before this Honorable Court
within five (5) day there from.
IN WITNESS WHEREOF, I hereby affix my signature this 30 h day of
September, 2016, at Kalibo, Aklan, Philippines.

MILAGROS M. DELA CRUZ


Plaintiff
OSCA ID NO. 1022
Issued at Kalibo, Aklan
PLAINTIFF whose name and personal circumstances are stated
above appeared in person before me this 24 th day of July, 2016 in Kalibo,
Aklan, presented the above instrument, signed the same in my

presence, and affirmed or swore under oath to the truth and correctness of
the contents or allegation of the same.

JOSE SIGURISTA
Notary Public
Notarial Commission No.2 (2016-2019)
L. Barrios St., Kalibo, Aklan

Doc. No. 21_;

Page No. _5_;


Book No. I
;
Series of 2016

Roll of Attorneys No. 42100


PTR NO. 45002500 : 01-02-2016
Issued at Kalibo, Aklan
IBP Lifetime Member No. 05432
MCLE Compliance No. VI-0005015

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