Republic of the Philippines

Municipal Trial Court

Branch _____
Bansalan Davao del Sur

Heirs of Rogin Kho,

Namely:
Juan Kho,
Tu Kho,
Thirdee Kho, Civil Case for:
Quieting of Title
Fortunato Kho,
Fifi Kho,
Sixto Kho,
Steven Kho, and Civil Case No:
Ocho Kho;
Plaintiffs, ______________

-versus-

Kalla Bang and Nikki Sales

Defendants
x---------------------------------x

COMPLAINT

COMES NOW, the plaintiffs together with the undersigned counsels to this most
honorable court, MOST RESPECTFULLY STATE THAT;

1. The Plaintiffs are the Heirs of Rogin Kho, namely:

a. Juan Kho, of legal age, widow, Filipino and a resident of Blocon,

Msagsaysay Davao del Sur;

b. Tu Kho, of legal age, widow, Filipino and a resident of Blocon,

Msagsaysay Davao del Sur;

c. Thirdee Kho, of legal age, married to Elizabeth Third, Filipino and a

resident of Blocon, Msagsaysay Davao del Sur;

d. Fortunato Kho, of legal age, single, Filipino and a resident of Blocon,

Msagsaysay Davao del Sur;

e. Fifi Kho, of legal age, married to Lima Hong, Filipino and a resident of
Blocon, Msagsaysay Davao del Sur;

f. Sixto Kho, of legal age, married to Sixy Kaau, Filipino and a resident of
Blocon, Msagsaysay Davao del Sur;

g. Steven Kho, of legal age, married to Marie Pitu, Filipino and a resident of
Blocon, Msagsaysay Davao del Sur;

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 h. Ocho Kho, of legal age, married to Bayani Babayani, Filipino and a
resident of Blocon, Msagsaysay Davao del Sur;

2. The Respondents are Kalla Bang and Nikki Sales, all of legal age, Filipino and a
resident of Blocon, Magsaysay, Davao del Sur;

3. Rogin Kho filed a homestead application for a EIGHT (8.000) HECTARE land
in the Bureau of Lands on March 15, 1957, the application with application no.
62555 is hereto attached as ANNEX A;

PROPERTY IN QUESTION

4. A certification that the said land is free from claims and conflicts and had no
pending case as shown in an investigation report and certifications below:

a. Investigation Report on April 12, 1964 rendered by the District Land

Officer hereto attached as ANNEX B;

b. Certification No. 0505 by the Office of the Regional Director, C, and

c. Lands Verification D-46 by the Office of the District Officer on April 21,
1964, declaring the land and alienable and disposable and has no pending
case involving the validity of the application: hereto attached as ANNEX
D ;

5. Such order of approval of application was issued by the bureau of lands on

1952, hereto attached as ANNEX E; with the Department of Agriculture issuing
an order for registration for Lot No. 6889 with Cadastre No. 1275 on December
27, 1952, hereto attached as ANNEX F;

6. Rogin Kho had been in open, continuous, exclusive, adverse and notorious
occupation of the said parcel of land, free from any claims of conflict;

7. Rogin Kho died on March 25, 1991, in Sta. Cruz St., Bansalan, Davao del Sur,
with the cause of death as CVA due to HPN, the death of certificate is hereto
attached as ANNEX G;

8. The plaintiffs in this case are the children of Rogin Kho and the compulsory heirs
to the above-mentioned property;

CAUSE OF ACTION

9. When plaintiffs applied for a loan with Bansalan Credit Society, defendants
opposed the application claiming that they owned the lands; and that such loan
was denied because of the opposition;

10. Sometime on November 17, 2016, the Barangay of Blocon issued a Certificate to
File Action since there was no settlement that happened between the parties with
regards to the opposition done by the respondents. Attached hereto is a copy of
the Certificate to file action as ANNEX H;

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 11. Sometime on June 1, 2016 a group of people led by certain Kalla Bang and
Nikki Sales forcibly entered the premises of the subject property causing
undue disturbance to the peaceful possession of the plaintiffs within said property;

12. These group of people by means of threat and intimidation prevented and put
to halt the farming activities of the plaintiffs within he said property;

13. The plaintiff was able to provide the proper documents to prove that they are the
lawful owner of the land in dispute. Attached hereto is the Tax Declaration as
ANNEX I;

14. The plaintiffs even have the property partitioned as evidenced by their Extra-
judicial settlement. Attached hereto is the copy of Extrajudicial Settlement of the
Heirs of Rogin Kho. Attached hereto is the Extrajudicial Settlement as ANNEX
J

Elements for Quieting of Title

15. The following are the elements for quieting of title as provided by law:

a. The plaintiff or complainant has a legal or equitable title or interest in the

real property subject of the action;

b. The deed, claim, encumbrance, or proceeding claimed to be casting cloud

on his title must be shown to be in fact invalid or inoperative despite its
prima facie appearance of validity or legal efficacy.

Elements for Quieting of Title In application to the Case

16. Plaintiffs provide proof that they are the owners of the subject lot as above-
mentioned in paragraph 4 and 5 on this complaint;

17. Defendants claim or proofs were invalid since it was well established in the
proofs of the Plaintiffs that they are the legal owner of the as verified by the
District Land Officer, Office of the Regional Director and the Department of
Agriculture in paragraph 4 and 5 of this complaint.

18. Defendants seek the help of the court to clear the cloud cast upon their title to the
land to prevent any burden in their exercise of ownership upon the property.

19. Plaintiffs therefore seek a declaration that the title to the subject property is
vested in plaintiffs alone and that the defendants herein, and each of them, be
declared to have no estate, right, title or interest in the subject property and that
said defendants, and each of them, be forever enjoined from asserting any estate,
right, title or interest in the subject property adverse to plaintiff herein.

20. Consequently, the main source of income of the plaintiffs was greatly affected by
the acts of the defendants and the persons acting under their authority.

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 PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court that judgement be rendered in favor of the plaintiff and that after
judgement;

a. The defendant shall vacate the premises of the property owned by the
plaintiffs.

b. The plaintiffs be rendered the lawful owner of the subject property.

c. The defendant shall be ordered to pay Php. 200,000.00 for the Attorneys
Fees.

d. The defendant shall pay the amount of P15,000.00 per month as

compensation for the reasonable use of the subject premises until they
finally vacate the said premises;

e. Such other reliefs and remedies under the premises are likewise prayed for.

Bansalan, Davao del Sur, Philippines, this 30th day of January, 2017.

________________________
Atty. Eme Ferolino IV
Counsel for the Plaintiff
PTR No. 1234PTR
IBP No.1234IBP
Roll No. 123: Davao del Sur
. MCLE compliance 1234MCLE
#1 St., Bansalan
Davao del Sur

VERIFICATION
AND
CERTIFICATION AGAINST FORUM SHOPPING

We, the plaintiffs in this complaint, namely;

1. Juan Kho, of legal age, widow, Filipino and a resident of Blocon, Msagsaysay
Davao del Sur;

2. Tu Kho, of legal age, widow, Filipino and a resident of Blocon, Msagsaysay

Davao del Sur;

3. Thirdee Kho, of legal age, married to Elizabeth Third, Filipino and a resident
of Blocon, Msagsaysay Davao del Sur;

4. Fortunato Kho, of legal age, single, Filipino and a resident of Blocon,

Msagsaysay Davao del Sur;

5. Fifi Kho, of legal age, married to Lima Hong, Filipino and a resident of
Blocon, Msagsaysay Davao del Sur;

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 6. Sixto Kho, of legal age, married to Sixy Kaau, Filipino and a resident of
Blocon, Msagsaysay Davao del Sur;

7. Steven Kho, of legal age, married to Marie Pitu, Filipino and a resident of
Blocon, Msagsaysay Davao del Sur;

8. Ocho Kho, of legal age, married to Bayani Babayani, Filipino and a resident
of Blocon, Msagsaysay Davao del Sur;

After being sworn according to law, hereby depose and state THAT;

1. We are the Complainants in this proceeding, and

2. We have read the contents thereof and the facts stated therein are true and
correct of our personal knowledge and/or on the basis of copies of documents
and records in our possession;

3. We 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;

4. To the best of our knowledge and belief, no such action or proceeding is

pending in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;

5. If we 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, we undertake to report that fact within five (5) days
therefrom to this Honorable Court.

IN WITNESS WHEREOF, we have hereunto set our hands this January 30, 2017
in Bansalan, Davao del Sur, Philippines.

_______________ _______________
Juan Kho Tu Kho
Affiant Affiant
SSS ID 123456 SSSID 223456

_______________ _______________
Thirdee Kho Fortunato Kho
Affiant Affiant
SSS ID 323456 SSS ID 423456

_______________ _______________
Fifi Kho Sixto Kho
Affiant Affiant
SSS ID 523456 SSS ID 623456

_______________ _______________
Steven Kho Ocho Kho
Affiant Affiant
SSS ID 723456 SSS ID 823456

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 SUBCRIBED AND SWORN TO before me on January 30, 2017 in Bansalan,
Davao del Sur, Philippines, affiant exhibiting to me their competent proofs of identity.

_________________________
Atty. Eme Ferolino IV
Doc. No. _____; Counsel for the Plaintiff
Page No. _____; PTR No. 1234PTR
Book No. _____; IBP No.1234IBP
Series of 2017. Roll No. 123: Davao del Sur
. MCLE compliance 1234MCLE
#1 St., Bansalan
Davao del Sur

. _______________________
Atty. Joenalyn Galang
Doc. No. _____; Co-Counsel for the Plaintiff
Page No. _____; PTR No. 2234PTR
Book No. _____; IBP No.2234IBP
Series of 2017. Roll No. 223: Davao del Sur
. MCLE compliance 2234MCLE
#1 St., Bansalan
Davao del Sur

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