Republic of the Philippines REGIONAL TRIAL COURT 11TH Judicial Region Branch __, Tagum City

HEIRS OF PEDRO A. BAYANI Represented by MARIA BAYANI-JUAN, Plaintiffs,

Civil Case No.____ FOR:RECOVERY OF TITLE

-vsHWEIRS OF JESUS DELOS SANTOS Defendants, x------------------------------------------------x COMPLAINT PLAINTIFF, through the undersigned counsel, most respectfully avers: THE PARTIES 1. Plaintiff, Maria Bayani-Juan, is of legal age, married and a resident of Blk.1, Purok 8, San Agustin , Davao City where we can be served with summons and other court processes;

2. Respondents heirs of Jesus de los Santos, all of legal age, Filipinos and formerly residing at Purok Talisay, Canocotan, Tagum City, C/O SUSAN DELOS SANTOS SOCORO, who is also one of the heirs and defendants of the instant case and residing at Villa Paraiso, Tagum City, Philippines, where they can be served with summons and other court processes;

THE CAUSE OF ACTION

3. Complaint is one of the compulsory heirs of the late PEDRO A. BAYANI who, during his lifetime, was the registered owner of a residential lot located at Magugpo, Tagum City, Davao del Norte containing an area of THREE HUNDRED FIVE (305) SQUARE METER,more or less, identified as Lot No. 6618-A, Psd-184706, and covered under Transfer of Certificate No.T-27938, copy of Transfer Certificate of Title is hereto attached as Annex A;

4. That during the lifetime of petitioners father, a friend of him named JESUS DELOS SANTOS asked him to use the abovementioned property as the temporary residence of his family as they had no place to stay during that time; 5. That for reasons that we were then residing at Camanlangan, New Bataan, Compostela Valley (still then a part of Davao del Norte) my parents asserted to said request and allowed them to stay at the said property without any rental payments; 6. That said arrangement went on for a long time without my parents demanding them to vacate and leave our property until our parents died in 1983 and 1987 successively; 7. That after their death, we tried to look for the titles of the property that we believe were ours, but to our dismay we found nothing. During that time we presumed that those properties were already disposed by our parents without our knowledge albeit at the back of our minds, we were still wondering how it happened. Why they never informed us and instead talked about the abovementioned property that they will be leaving to us as inheritance after their death; 8. That for a long time we did not bother to look into the reasons why we did not have the title of the abovementioned property, and whether the same was validly conveyed to the present occupant since we did not have the resources to finance the inquiry as all of us were financially incapable to make one, until recently when we learned that the above property was offered for sale; 9. That because of said offering, we were compelled to research about the status of the present occupants title vis-avis the subject property and we found out some irregularities which bolster our belief that the same was still ours and was only unlawfully transferred to Jesus delos Santos through means which is against the law, public order, public policy and good customs; 10.That based on the documents available, complainants concluded that Lot.No.6618-APsd-184706 was fraudulently and illegally registered in the name of Jesus delos Santos, based on the following: a. The purported sale agreement between Pedro A. Bayani and Jesus delos Santos never happenend. What appeared to be a Deed of Absolute Sale supposedly executed between Pedro A Bayani and Jesus delos Santos

dated September 14, 1979 before Atty. Conrado Tan, is fictitious, and the signatures of the couple, Pedro A. Bayani and Linda L. Bayani appearing therein are evidently forged; (See attached Deed hereto referred as Annex B) b. Upon comparison of the signatures of Pedro A. Bayani and Maria Icoy found in the aforecited Deed of /Sale with other documents executed and signed by them at about the same time the said deed was supposedly executed, blatant difference on the stroke of the signatories are found, which strengthened petiotioners belief that the deed was only created to make it appear that the sale transaction occurred when in truth and in fact it did not; ( See attached documents referred to as Annex C-1,C-2,c-3,c-4) c. Upon verification with the Office of the /Clerk of Court of RTC,Tagum City, the Deed of Absolute Sale referred as Annex B was not among those that were submitted to said office in the year 1979and the Clerk of Court certified that from its notarial docket. Atty Conrado Tan (who appeared to have notarized the Deed) was not among the names of lawyers commissioned as notary public of Tagum City from 1970 to 1987; (Certification is hereto attached as Annex D) d. Five days immediately after the supposed execution of the Deed of Sale above-mentioned, or on September 19, 1979, a new Transfer Certificate of Title with No. T-29194 was issued by the Registry of Deeds involving the said property in favor of Andres Sapiera; ( Copy of Transfer Certificate of Title hereto attached as Annex E) 11. That the existence of the said forged deed of sale and the subsequent issuance of certificate of title by the Registry of Deed is prejudicial to the title of the lawful heirs of the deceased Pedro A. Bayani upon the above-described real property;

12. That equity demands the said forged deed of sale be declared null and void, the Certificate of Title be likewise cancelled and voided, as those instruments do not, and will never vest any title to anyone; 13. That since the ground for this petition is forgery and the legality in registration, then the instant action is not barred by prescription, hence filed on time.

PRAYER WHEREFORE, premises considered, it is respectfully prayed that judgment be rendered ordering the following:

(a) That Transfer Certificate Title T-29194 of Lot No. 6618-A, Psd-184706 be declared to be null and void; (b) That the same be cancelled, and in lieu thereof, a new Transfer certificate of Title be issued in favor of the heirs of Pedro A. Bayani; (c) That defendant be made to pay moral damages for being a holder in bad faith amounting to P 50,000.00; (d) That defendant be made to pay the cost of this suit, and the following: - Litigation expenses amounting to P15,000.00; - Attorneys fees amounting to P 15,000.00; Plaintiff further prays of such other reliefs and/or remedies that are just and equitable under the premises. Tagum City, Davao del Norte, January 20, 2014.

Doc. No. 150; Page No. 12 ; Book No. XX ; Series of 2014.

ATTY.CAROLINE T. CAHUCOM-CANEDA CANEDA & BUCU LAW FIRM PTR No.20152009-Tagum City IBP No.19740629-Tagum City TIN no. 900-472-500 Roll No. 65700

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

Republic of the Philippines ) Province of Davao del Norte)s.s City of Tagum..)

I, MARIA BAYANI-JUAN, of legal age, Filipino, married and a resident of San Agustin, Tagum City, under oath, depose and say that: 1. I am the petitioner of the above-entitled case; 2. The facts stated in the above complaint are true and correct to the best of my knowledge and authentic records; 3. I have not commenced any action or filed any claim involving the sa issues in any court, tribunal or quasi-judicial agency and to the best of my knowledge, no such other similar action is pending in any court; 4. And if I should learn that the same claim or similar issues has been pending in any court after its filing, I should report that fact within five (5) days from the notice of the court or where the complaint or initiatory pleading has been filed.

MARIA BAYANI-JUAN Affiant Postal I.D No.201310 Issued on 01/15/2010,Tagum City

SUBSCRIBED AND SWORN to before me this 20th day of January 2014 in Tagum City, Davao del Norte, Philippines.

ATTY.CAROLINE T. CAHUCOM-CANEDA CANEDA & BUCU LAW FIRM PTR No.2009- 01/03/14 IBP No.19740629-Tagum City TIN No. 900-472-500 Roll of Attorney No. 65700