REPUBLIC OF THE PHILIPPINES

FOURTH JUDICIAL REGION

BRANCH 23
TRECE MARTIRES CITY
BENJAMIN O. GUARIN,
NORMITA R. ANGCANAN,
DANILO RETERTA,
ERNESTP RETERTA and
NATIVIDAD R. ANGCAYA,
In their capacity as legal
Heirs/children of the deceased
0020-04
TERESA ORDONES GUARIN,
DEED
Plaintiffs,
MEMORIAL

CIVIL CASE NO. TMCVFor: ANNULMENT OF

OF SALE OF
LOT AND

MAUSOLEUM
-versusSPS. RODOLFO O. GUARIN and
BIENVENIDA TAGLE,
SPS. LEONARDO GUARIN and
ARCADIA GUARIN and
EVARISTA P. PALUSTRE
Defendants,
x----------------------x

COMPLAINT
PLANTIFFS,

by

the

undersigned

Honorable Court respectfully state, that:

I PLAINTIFFS

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Guarin vs Guarin

counsel,

to

this

1.

Plaintiffs are all of legal age, Filipinos, married

except plaintiffs Ernesto Reterta, single, and all residents of

Brgy. Tapia, Gen. Trias, Cavite. Defendants spouses Rodolfo
O. Guarin and Bienvenida Tagle are both of legal

and

residents of 2-F Purok 6, Malagasang II, Imus, Cavite, where

they may be serve with summons and other process of this
Honorable Court; while, defendants spouses Leonardo O.
Guarin and Arcadia Guarin are also of legal age, Filipinos and
residents of Brgy. Tapia. Gen. Trias, Cavite, where they may
be serve with summons. Defendants Evarista P. Palustre is of
legal age, Filipino, and a resident of Brgy. San Juan II, Gen.
Trias, Cavite, where she may be serve with summons and
other process of this Honorable Court.

II- CAUSE OF ACTION

2.

Plaintiffs

Normita

Reterta-Angcanan,

Danilo

Reterta, Ernesto Reterta and Natividad Reterta-Ancaya and

children of the deceased Teresa Ordones Guarin by her
second marriage, while plaintiff Benjamin O. Guarin and
Leonardo O. Guarin are Children of Teresa Ordonez by her
first marriage.

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Guarin vs Guarin

3.

Teresa Ordones Guarin, mother of the herein

plaintiffs and defendants except defendant Everista P.

Palustre died on January 16, 2004 at Gen. Trias, Cavite as
shown by her Certificate of Death 1, copy of which is hereto
attached as Annex A hereof.

4.

During her lifetime, or to be specific, on November

4, 1999, Teresa O. Guarin acquired by purchase from one

Crispina A. Salgado, a parcel of memorial lot with an area of
sixteen (16) square meters and mausoleum with two (2)
empty tombs erected on it, a copy of the Kasulatan ng
BIlihan ng Lupang Libingan is hereto attached as Annex B
and made an integral part thereof.

5.

After Teresa O. Guarin died on January 16, 2004,

the defendants Rodolfo and Leonardo Guarin, without the

knowledge, muchless consent of the herein plaintiffs as legal
a legal heirs of the deceased Teresa O. Guarin, sold to
defendant

Evarista

P.

Palustre

the

memorial

lot

and

mausoleum referred to in immediate preceding paragraph,

copy of the Deed of Sale is attached as Annex C.

6.

The sale of the aforesaid memorial lot and

mausoleum to defendants Evarista B. Palustre is not only in

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Guarin vs Guarin

gross violation of plaintiffs hereditary rights as children of

the decaeased Teresa O. Guarin, but as well null and void
because (i) it did not contain the signatures of the herein
plaintiffs as legal heirs of the deceased Teresa O. Guarin (ii)
the Sellers in the Deed of Sale, namely: defendants Rodolfo
O. Guarin and Leonardo O. Guarin are not the owners of the
memorial lot and mausoleum referred to above, but their
mother, the deceased Teresa O. Guarin as clearly shown in
the Deed of Sale executed by Xrispina A. Salgado (Annex
A), and (iii) after the death of their mother the memorial lot
and mausoleum forms part of her state, thus belong to all
her legal heirs. Defendants Rodolfo and Leonarod Guarin
alone without the participation of the herein plaintiffs as
legal heirs also of the deceased cannot sell the property to
defendant Evarista B. Palustre. The sale, thereof, made on
February 26, 2004 is clearly null and void.

7.

Earnest efforts towards a compromise had been

made by the herein plaintiffs, they being brothers and sisters

belonging to the same family, but the same prove in vain.

8.

This case has been brought first to Barangay

Council or Lupon ng Tagapamayapa ofBrgy. Tapia, Gen. Trias,

Cavite for conciliation proceedings, as mandated by Law, but

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Guarin vs Guarin

efforts to arrive at an amicable settlement proved futile,

constraining the said Lupon/Barangay Council to issue a
Certification

endorsing,

photocopy

of

the

Barangay

Certification is hereto attached as Annex D hereof.

9.

As a result of the filing of this case, plaintiffs were

constrained to engage the service of counsel for which they

incur the obligation to pay Attorneys Fees in the sum of
25,000.00, plus the sum of 1,000.00 for every appearance
in court. They will further incur litigation expenses estimated
at not less than 10,000.00.

III PRAYER

WHEREFORE, it is most respectfully prayed of this

Honorable Court that judgment be rendered, as follows:

1.

Declaring

defendants

Rodolfo

the

Deed

of

and

Leonardo

Sale
Guarin

executed
in

favor

by
of

defendant Evarist B. Palustre on February 26, 2004 null and

void and of no force and effect.

2.

Ordering the return of possession of the memorial

lot with mausoleum subject of the Deed of Sale to the

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Guarin vs Guarin

plaintiffs herein and/or to all the heirs of the deceased Teresa

O.Guarin.

3.

Ordering the defendants Rodolfo and Leonardo O.

Guarin to pay plaintiffs Attorneys fees in the sum of

25,000.00 and litigation expenses in the sum of 10,000.00.

4. Ordering the defendants to pay the costs of the suit.

Plaintiffs pray for such other relief and remedies just

and equitable under the penalties.

Dasmarias City for Gen. Trias, Cavite, March 23, 2004

AIDALYN L. MENDOZA
For the Plaintiffs

Republic of the Philippines

Province of Cavite
City of Trece Martires

)
) S.S.
)

VERIFICATION AND CERTIFICATION OF NON FORUM

SHOPPING

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Guarin vs Guarin

We,
BENJAMIN
O.
GUARIN,
NORMOTA
R.
ANGCANAN, DANILO RETERTA, ERNESTO RETERTA and
NATIVIDAD ANGCAYA, all of legal age, Filipinos, under
oath, declares.
1. That we are the Plaintiffs in the above-entitled case and have
caused this Complaint to be prepared;
2. That we read and understood its contents which are true and
correct of my own personal knowledge and/or based on authentic
records;
3. That we have not commenced any action or proceeding
involving the same issue in the Supreme Court, the Court of Appeals
or any other tribunal or agency; that to the best of my knowledge, no
such action or proceeding is pending in the Supreme Court, the Court
of Appeals or any other tribunal or agency, and that, if I should learn
thereafter that a similar action or proceeding has been filed or is
pending before these courts or tribunal or agency, I undertake to
report that fact to the Court within five (5) days therefrom.

18

th

IN WITNESS WHEREOF, we have hereunto set our hand this

day of January 2016 at Trece Martires City, Cavite.

BENJAMIN O. GUARIN
ANGCANAN
Affiant
DANILO RETERTA
RETERTA
Affiant

NORMITA

R.

Affiant
ERNESTO
Affiant

NATIVIDAD ANGCAYA
Affiant

SUBSCRIBED AND SWORN to before me this 18th day of

January 2016 at Trece Martires City, Cavite. Affiant exhibiting to me
their competent proof of their identification bearing their photograph
and signature and avowed to e the foregoing facts and declarations.

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Guarin vs Guarin

Doc. No.
Page No.
Book No.
Series of

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2016

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