Republic of the Philippines

REGIONAL TRIAL COURT

6th Judicial Region
Branch 65
Jordan, Guimaras

JANICE L. DULOTAN Civil Case No. 22320-13-4724

Plaintif
For: ANNULMENT /CANCELLATION
OF TITLES, RECOVERY OF
POSSESSION WITH SPECIFIC
PERFORMANCE AND DAMAGES
Versus

NANDIE JOY A. DILAG,

RONEL A. DILAG
Defendants
x------------------------------x

COMPLAINT

COMES NOW, Plaintiff, by the undersigned counsel, unto this Honorable

Court most respectfully states:

1. That plaintiff is of legal age, single, Filipino and a resident of Brgy.

Piña, Buenavista, Guimaras, Philippines;

2. That Defendants are both of legal age, Filipino and residents of Brgy.
Pandaraonan, Nueva Valencia, Guimaras where they may be served
with summons and other Court processes;

3. That plaintiff is the lawful purchaser of a lot with Lot No. 2228, Psd-
06-013042 covered by Transfer Certificate of Title No. 8372 situated
in Barangay Pandaraonan, Municipality of Nueva Valencia, province
of Guimaras, Philippines consisting of Two Thousand (2, 000) square
meters by virtue of a Deed of Absolute Sale docketed as Doc. No.
165; Page No. 40; Book No. VI, Series of 1978 in the notarial book of
Notary Public, Atty. Protacio Caguiuan. Copy of TCT No. 8372 and
Deed of Absolute Sale are hereto attached as Annex “A”;

4. That in Order to protect plaintiff rights’ and interest over the subject
property, a Notice of Adverse Claim was filed at the Register of
Deeds

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 Province of Guimaras subscribed before the notary public. Copy of
adverse claim is hereto Attached as Annex “B”;

5. That the said adverse claim was annotated over Lot 8372 under
entry no. 30456;

6. That the previous owner, Mr. Rommel D. Dilag died without an issue
on August 1980 leaving his children, Nandie Joy A. Dilag and Ronelo
A. Dilag as heirs;

7. That it is a clear fact that before Mr. Rommel D. Dilag died on

August 9, 1980, he executed a Deed of Absolute Sale on December
29, 1978. By virtue of the subject sale, plaintiff attempted for
several times to get the duplicate copy of the title for the eventual
transfer to his name however, defendants deliberately refused to
surrender the subject title;

8. That plaintiff was surprised when she received information that

defendants subdivided the subject property without his knowledge
and with prejudice on his part who has rights and interest over the
subject property, worst, the original title was cancelled and
defendants Nandie Joy A. Dilag and Ronelo A. Dilag, both single
were issued a Certificate of Title No. T 21382 on March 12, 1982.
Plaintiffs’ adverse claim is still carried over on the said title. Copy of
title is hereto attached as Annex “C”;

9. That eventually, defendants were issued a separate title, to wit: T-

21383 to Nandie Joy A. Dilag, and T- 21384 to Ronelo A. Dilag by
virtue of subdivision agreement. Copy of titles are hereto attached
as Annexes “D”, "E", respectively;

10. That defendants continued to introduce improvements on the

subject lot belonged to the plaintiff and collecting rental thereon
despite plaintiff's opposition. This prompted plaintiff to report to the
Philippine National Police and file a complaint before the Office of
the Lupong Tagapamayapa but it failed. Copy of police blotter and
certificate to file action is hereto attached as Annexes “F” and
“G” respectively.
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 11. That the assessed value of the property already exceeded Fifty
Thousand Pesos ( P 50, 000.00)

12. That by reason of the unlawful refusal of the defendants to

deliver the title of the subject premises despite numerous

demands, he was forced to hire the services of counsel in the

amount of P 70,000.00 as attorneys fees and P2, 500 per Court

appearance and P10,000.00 as cost of suit.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed

that judgment be rendered:

1. CANCELLING T- 21383 in the name of Nandie Joy A. Dilag, and

T- 21384 in the name of Ronelo A. Dilag;

2. To leave the premises including the improvements made

thereon;

3. ORDERING defendants to pay attorneys fees in the amount of

P70,000, P2,500.00 per appearance and 10,000 as cost of the

suit

Plaintiff further pray for such other relief and remedies deemed
just and proper in the premises.

June 19, 2014. Iloilo City, Philippines.

GENEVIEVE D. PENETRANTE
Counsel for the Plaintif
c/o Provincial Capitol
Bonifacio Drive, Iloilo City
IBP No. 946555/ 1-02-14/Iloilo City
PTR No. 2150922/1-02-14 /Iloilo
Roll No. 39116
MCLE Compliance No. IV-0049441
March 21, 2013
Tel No. (033) 337 4727
Republic of the Philippines)
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City of Iloilo) Sc.
x---------------------------------------------x

VERIFICATION/CERTIFICATION

I, JANICE L. DULOTAN , Filipino, of legal age, single, and a resident of

Barangay Pinia, Buenavista, Guimaras after having been duly sworn in
accordance with law, depose and say:

1. I am the plaintiff in the above-entitled case;

2. I have caused the preparation of this Complaint;

3. I have read and understood the contents of the same and that the
allegations stated therein are true and correct to the best of my
personal knowledge and based on the authentic records;

4. That I hereby certify that at the time of the filing of this complaint , I
have not commenced any other action involving the same issues in
the Supreme Court, the Court of Appeals, or any other tribunal or
agency; that to the best of our knowledge, no such action is
pending or was terminated in the Supreme Court, similar action has
been filed or is pending in the Supreme Court, the Court of Appeals,
or any other tribunal or agency wherein the original pleading and
sworn certification has been filed.

IN WITNESS WHEREOF, I have hereunto affixed our signatures this

19th day of June , 2014 at Iloilo City, Philippines.

JANICE L. DULOTAN
Affiant

JURAT/NOTARIAL CERTIFICATE

The principal/affiant whose name and personal circumstances are

stated above appeared in person before me this 19 th day of June, 2014 in the
City of Iloilo, presented the foregoing verification/certification, signed the
same in my presence, and affirmed or swore under oath to the truth and
correctness of the contents or allegations of the same.
The principal/affiant is personally known to me and they exhibit to me
his Driver’s License No. 00316345 issued on May 9, 2012 at LTO Office, Iloilo
City.

Doc. No. 160;

Page No. 85;
Book No. V;
Series of 2014.

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