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Republic of the Philippines

REGIONAL TRIAL COURT


National Capital Judicial Region
Branch ___
City of Manila


Michelle de la Cruz, Plaintiff Civil Case No. ______




- 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 she 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 St., 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 residential land
situated in Meycauayan, Bulacan with a current fair
market 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 Bilihang Tuluyan ng Lupa (Annex A)
executed by the latter on May 25, 2001;

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 as affixed in his Tax
Identification Number Card (Annex B);

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 (Annex C) (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. When the fraud was discovered, the subject property was
already covered by Original Certificate of Title (OCT) No.
27949-R (Annex D) 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 a
free patent 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.
Lead 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

ATTY. LARISSA S. ABRACERO
Assisting Counsel for the Plantiff
IBP No. 881476/01-20-15/ Malolos, Bulacan
PTR No. 8088836/01-20-15/ Malolos, Bulacan
Roll of Attorneys No. 39459
MCLE Compliance No. IV-0002515 issued on 08/16/2014
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 February 2013 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 2014.