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Republic of the Philippines

REGIONAL TRIAL COURT


National Capital Judicial Region
Branch 30
City of Manila


Michelle de la Cruz, Plaintiff Civil Case No. 123456




- versus - FOR: Reconveyance and
Moral Damages

Kenneth Guadalupe, Defendant
x-------------------------------------------x


COMPLAINT


COMES NOW, plaintiff, Michelle dela Cruz, by counsel, and
unto the Honorable Court, most respectfully avers THAT:

1. Plaintiff, Michelle dela Cruz, is a Filipino, of legal age, married,
and residing at 1216 Craig St., Sampaloc, Manila, where he
may be served with summons, papers and other processes of
this Honorable Court;

2. Defendant, Kenneth Guadalupe, is a Filipino, of legal age,
married, and residing at 45-A Sct. Tobias, Barangay Laging
Handa, Quezon City where he may be served with summons,
papers and other processes of this Honorable Court;

3. Both parties have capacity to sue and be sued;

4. The plaintiff and defendant are two of the children of the late
Julio Guadalupe (Guadalupe) who died on June 2, 2002.
Guadalupe owned a parcel of agricultural land situated in
Meycauayan, Bulacan with an current assessed value of one
million pesos (P1,000,000.00) (subject property);

5. Right after the burial of their father, the defendant requested
from his siblings that he be allowed to take possession of and
receive the income generated by the subject property until
after his eldest son could graduate from college. The
defendants siblings acceded to the said request;

6. After the defendants eldest son finished college, his siblings
asked him to return to them the possession of the subject
property so that they could partition it among themselves.
However, the defendant refused to relinquish his possession of
the subject property claiming that he purchased the subject
property from their father as evidenced by a Deed of Absolute
Sale of Real Property executed by the latter on May 25, 1992;

7. Their father has never executed the said deed of sale. The
signature of their father appearing in the said deed of sale was
a forgery as the same is remarkably different from the real
signature of Guadalupe;

8. Additionally, the said deed of sale was acknowledged before
a person who was not a duly commissioned Notary Public. The
deed of sale was acknowledged by the defendant before a
certain Alexander Villanueva (Villanueva) on March 11, 2002 in
Quezon City. However, as per the Certification issued by the
Office of the Clerk of Court of the RTC on March 16, 2012,
Villanueva has never been commissioned as a Notary Public for
and in Quezon City;

9. The defendant purposely forged the signature of Guadalupe in
the said deed of sale to deprive the plaintiff and their other
siblings of their share in the subject property;

10. The subject property was already covered by Original
Certificate of Title (OCT) No. 1952 issued by the Register of
Deeds of Quezon City on January 2, 2012 registered under the
name of the defendant. OCT No. 1952 was issued pursuant to
Free Patent No. 051716 which was procured by the defendant
on June 20, 2008;

11. Once a patent is registered and the corresponding certificate
of title is issued, the land covered thereby ceases to be part of
public domain and becomes private property, and the Torrens
Title issued pursuant to the patent becomes indefeasible upon
the expiration of one year from the date of such issuance (Heirs
of Alcaraz v. Republic, 502 Phil 521). However, a title emanating
from a free patent which was secured through fraud does not
become indefeasible, precisely because the patent from
whence the title sprung is itself void and of no effect
whatsoever (idem at 533);

12. As a general rule, a fraudulently acquired free patent may only
be assailed by the government in an action for reversion.
However, a private individual may bring an action for
reconveyance of a parcel of land even if the title thereof was
issued through a free patent since such action does not aim or
purport to re-open the registration proceeding and set aside
the decree of registration, but only to show that the person who
secured the registration of the questioned property is not the
real owner thereof ( Esconde v. Hon. Barlongay, 236 Phil 644;

13. Defendants conduct caused sleepless nights, mental anguish
and serious anxiety to the plaintiff;

14. To pursue her rights and protect her interests, plaintiff was
constrained to engage the services of counsel to whom she
obligated herself to pay as Attorney's Fees the amount
equivalent to TWENTY FIVE PERCENT (25%) of the total amount to
be adjudged in favor of plaintiff, and the costs of this suit.


PRAYER


WHEREFORE, the above premises considered, it is respectfully prayed
of this Honorable Court after hearing on the merits, that:

a. The supposed Deed of Sale between Kenneth Guadalupe
and Julio Guadalupe be declared null and void and of
no legal effect;

b. Defendant be ordered to reconvey to the heirs of the late
Julio Guadalupe the land subject matter of this case;

c. Defendant be ordered to pay attorneys fees in an
amount equivalent to TWENTY FIVE PERCENT (25%) of the
total amount to be adjudged in favor of plaintiffs;

d. Defendant be to pay plaintiff the sum of One Hundred
Thousand Pesos (P100,000.00) by way of moral damages

e. Defendant be ordered to pay the costs of this suit.

Other reliefs just and equitable under the premises are likewise
prayed for.


ATTY. ANDRES S. JOSE JR.
Counsel for the Plaintiff
IBP Lifetime No. 00987/ Quezon City
PTR No. 3184782/01-19-1993/ Quezon City
MCLE Compliance No. III-0002447
Roll of Attorneys No.22302











































VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, Michelle de la Cruz, 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.

WITNESS WHEREOF, I hereunto set my hand this 27
th
day of July
2014 in City of Manila, Philippines.


___________________________
Michelle de la Cruz
Affiant


SUBSCRIBED AND SWORN to before me this 27
th
day of July 2014
in the City of Manila, affiant exhibiting to me his LTO Drivers License
No. 1234567890 issued on February2013 in Quezon City.


Pedro A. Juanolito
Notary Public
Until December 31, 2015
PTR No. 1234567890, 1-8-93

Doc. No. 123;
Page No. 456;
Book No. XX;
Series of 1993.