Anda di halaman 1dari 5

Republic of the Philippines

REGONAL TRIAL COURT


11th Judicial Region
Branch 8, Davao City

Captain America Civil Case No. 2341521-64


Plaintiff For: Annulment of Deed of Sale,
Transfer Certificate of Title
Reconveyance and Damages
Versus

Iron Man
Defendant
x--------------------------x

COMPLAINT

Plaintiff by the undersigned counsel, respectfully alleges:


1. That the plaintiff, Captain America, is of legal age, single,
Filipino citizen and a resident of #13 Jacinto Street, Barangay
32-D, Poblacion, Davao City;

2. That the defendant, Iron Man, is of legal age, single, Filipino


citizen and a resident of #75 Mahogany street, Hillside
Subdivision, Lanang, Davao City where he may be served with
summons and other court processes;

3. That the plaintiff is the lawful owner of a lot with Lot No. 2221,
Psd-05-103024 covered by Original Certificate of Title No.
3782 situated in Purok 30 KM. 6, Maa Highway, Davao City,
Davao del Sur consisting of Ten Thousand (10,000) square
meters with an assessed value of more or less Ten Million
Pesos ( P 10,000,000-). Copy of title is hereto annexed as
Exhibit A;

4. That the plaintiff pays the real estate taxes of the said subject
land evidenced by tax declaration. Copy of which is hereto
annexed as Exhibit B;

1
5. That the plaintiff obtained a loan from defendant in which the
defendant required the title certificate of the above mentioned
lot to be handed to him for safe keeping without executing a
real estate mortgage contract;

6. That the above mentioned lot is the subject of the Deed of


Absolute Sale dated December 15, 2007 in favor of the
defendant by virtue of which Transfer Certificate of Title No. T-
21382 dated March 20,2010 was issued in favor of the
defendant;

7. That the said circumstances in paragraph 7 hereof was made


known to the plaintiff only on June 27, 2013 when he went to
the City Assessor’s Office to pay the real estate tax of the
subject land;

8. That the plaintiff never signed the said Deed of Absolute Sale
and the signature of the plaintiff appearing therein is forged;

9. That by reason of the forged deed of sale and the transfer


certificate of title covering the above mentioned lot, the
plaintiff was compelled to institute this action engaging the
services of a counsel in the amount of P50, 000 as attorney’s
fees.

Wherefore, premises considered, it is most respectfully prayed


that judgment be rendered:

1. CANCELLING Transfer Certificate of Title No. T-21382 in the


name of Iron Man;

2. ANNULLING the Deed of Absolute Sale date January 5, 2016 in


favor of Iron Man;

3. ORDERING the defendant to reconvey the subject lot to


plaintiff;

4. ORDERING defendant to pay attorney’s fee in the amount of


P50, 000

2
Plaintiff further prays for such other reliefs and remedies
deemed
just and proper under the premises.

City of Davao, Philippines, April 11, 2016.

RAZEL MAY M. RAMON


Counsel for the Plaintiff
c/o A&A and Associates Law
Veterans Building, Monteverde,DavaoCity
IBP No. 947555/ 1-02-14/ Davao City
PTR No. 7150933// 1-02-14/ Davao
City
Roll No. 77777
MCLE Compliance No. IV-0079772/
March 21, 2013
Telephone No. (082) 285-7717

3
Republic of the Philippines)
City of Davao) Sc.
x-------------------------------------------x

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, Captain America, of legal age, after having been duly sworn in


accordance with law, depose and state that:

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are
true and correct of my personal knowledge and/or on the basis of
copies of documents and records in my possession;

4. I have not commenced any other action or proceeding involving


the same issues in the Supreme Court, the Court of Appeals, or any
other tribunal or agency;

5. To the best of my knowledge and belief, no such action or


proceeding is pending in the Supreme Court, the Court of Appeals, or
any other tribunal or agency;

6. If I should thereafter learn that a similar action or proceeding has


been filed or is pending before the Supreme Court, the Court of
Appeals, or any other tribunal or agency, I undertake to report that
fact within five (5) days therefrom to this Honorable Court.

Captain America
Affiant

4
SUBSCRIBED AND SWORN to before me this 11th day of February
2016 at A&A and Associates Law Veterans Building, Monteverde,
Davao City. Affiant exhibiting to me his Community Tax Certificate
No. 1234 issued on January 10,2016 at Davao City.

Doc. No. ; 123


Page No. ; 23
Book No. ; 4
Series of 2016