REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT BRANCH ______, MAKATI CITY

Arthur Garcia, Plaintiff, - versus Civil Case No. ____________ For: Quieting of Title

Chupeta Herman, Defendant. x --------------------------------------- x PETITION PLAINTIFF, by counsel, respectfully states that: 1. PLAINTIFF, of legal age, resides at 44 Bagong Silang st., Brgy. Mabuhay, Makati City. 2. DEFENDANT, also of legal age, resides at 22 Rockwell Drive, Makati City, where they may be served with pertinent notices. 3. PLAINTIFF is the registered owner of the subject lot (hereinafter LOT) located at 20 Rockwell Drive, Rockwell Center, Makati City as recorded in Transfer Certificate of Title (TCT) No. 11873645, which is more specifically described as: Bounded on the north by Park 9 Street; on the South by F. de la Rosa St.; on the East by Esteban Abada Street; in the West by Katipunan Avenue; Measure two hundred (200) square meters.

attached herein as Annex A. 4. Ownership of the LOT was acquired by PLAINTIFF by succession from his father, Arturo Garcia, who died in 2001. 5. On 19 November 2008, the Registry of Deeds Office at the Makati City Hall was entirely destroyed by fire, burning in the process all the documents kept therein. 6. These destroyed documents included the Registry of Deeds copy of TCT No. 11873645, described above, representing PLAINTIFFs ownership of the LOT subject of this case. 7. On 16 November 2011, PLAINTIFF returned to the Philippines and discovered that a commercial building (hereinafter Herman

Building) was already constructed on his LOT. 8. On the same date, PLAINTIFF confronted the herein DEFENDANT who represented himself as the owner of both the Herman Building and the LOT. 9. On the said occasion, DEFENDANT showed to PLAINTIFF TCT No. 67787847 allegedly evidencing his supposed ownership of the LOT. 10. Upon seeing the said certificate of title, PLAINTIFF immediately went to the Register of Deeds of Makati, Mr. Jun Encarnacion, to verify the claim of DEFENDANT and to show his owners copy of TCT No. 11873645. 11. The Register of Deeds also informed him that the DEFENDANTs

certificate of title was reconstituted on 22 March 2009.

12. This act of DEFENDANT in reconstituting the certificate of title is entirely baseless and fraudulent and creates a cloud upon PLAINTIFFs title to the LOT resulting in prejudice to the latter. 13. Moreover, as a result of DEFENDANTS actions in fraudulently depriving PLAINTIFF of his property, PLAINTIFF has suffered mental anguish and sleepless nights. Thus DEFENDANT is liable for moral damages in the amount of One Million Pesos (Php 1,000,000.00) 14. Also as a result of DEFENDANTS actions which are wanton, fraudulent, reckless, oppressive and malevolent, he is liable to indemnify PLAINTIFF in the amount of One Million Pesos (Php 1,000,000.00) as exemplary damages. 15. As a result of DEFENDANTS actions, PLAINTIFF was constrained to hire services of counsel in order to protect his rights. Thus DEFENDANT is liable for attorneys fees in the amount of One Hundred Thousand Pesos (Php 100,000.00)

PRAYER 12. WHEREFORE, it is respectfully prayed that this Honorable Court issue an order annulling DEFENDANTs TCT No. 67787847 and ordering DEFENDANT to pay PLAINTIFF: A. Moral damages in the amount of One Million Pesos (Php 1,000,000.00) B. Exemplary Damages in the amount of One Million Pesos (Php

1,000,000.00) C. Attorneys fees in the amount of One Hundred Thousand Pesos (Php100,000.00) D. E. The cost of suit Other reliefs, just and equitable under the circumstances, are likewise prayed for. Makati City, 21 November 2011.

Celery R. Farjara Counsel for Plaintiff 20 Rockwell Drive, Rockwell Center Makati City PTR No. 55566673, 07/08/2010, Makati Roll of Attorney No. 9883748849 IBP No. 17372389 (Lifetime Member) MCLE Exempt

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

I, Arthur Garcia, of legal age, do hereby state that I caused this Complaint to be prepared; I have read its contents and affirm that they are true and correct to the best of my own personal knowledge and authentic records; I hereby certify that there is no other case commenced or pending before any court involving the same parties and the same issue and that, should I learn of such a case, I shall notify the court within five (5) days from my notice. IN WITNESS WHEREOF, I have signed this instrument on 21 November 2011.

Arthur Garcia

SUBSCRIBED AND SWORN TO before me in the City of Makati on this day of 21 November 2010, affiant exhibiting before me his Social Security System ID no. 12-66743-9 issued by the Social Security System Office on 7 September 2007.

Nico Bernardo Notary Public in Makati City 14 J.P Rizal Avenue, Makati City Commission No. 12474764, Makati City PTR No. 47983783, 04/04/2004 (Quezon City) Roll of Attorneys No. 88989832 IBP No. 1273787483 (Lifetime Member) Appointment No. 89434934
Doc. No. ______; Book No. ______; Page No. ______; Series of 2010.