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Republic of the Philippines

Second Judicial Region
REGIONAL TRIAL COURT
BRANCH _____
Bayombong, Nueva Vizcaya

LAURA GUMIRAN NENA,

LOVIN GUMIRAN NENA, and
RODNEY GUMIRAN-NENA,
Plaintiffs,
CIVIL CASE NO.___________
FOR: ANNULMENT OF SALES
AND CERTIFICATES OF
TITLE WITH DAMAGES.
-versus-

WILSON PATAUEG AND

SPOUSES MARNILO G.
CARBONEL AND SUSAN L.
CARBONEL,
Defendants.
x-------------------------------------------x

COMPLAINT

COMES NOW plaintiffs, through counsel, and before the

Honorable Court, respectfully states:

1. Plaintiffs are of legal ages, formerly Filipino citizens and now

naturalized American citizens with residence address at Brgy.
San Geronimo, Bagabag, Nueva Vizcaya;

2. Defendants are also of legal ages, Filipino citizens, and residents

of, where they could be served summons at,
______________________, Solano, Nueva Vizcaya and
______________________, Bagabag, Nueva Vizcaya,
respectively;

3. Plaintiffs are the forced heirs of the late Johna Gumiran who died
intestate in Illinois, USA on September 30, 1999;

4. During her lifetime, Johna Gumiran acquired a certain parcel of

land identified as Lot 1190-B-3 of the Subdivision plan,
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containing an area of FOUR HUNDRED SIXTY NINE (469)

SQUARE METERS, more or less, situated at Poblacion,
Bagabag, Nueva Vizcaya and covered under TRANSFER
CERTIFICATE OF TITLE NO. T-960051;

5. On October 31, 2014, the heirs of the late Johna Gumiran

executed an EXTRAJUDICIAL SETTLEMENT AMONG
HEIRS WITH QUITCLAIM2 over the above-described property
in favor of the plaintiffs;

6. When the plaintiffs went to the Register of Deeds of Nueva

Vizcaya to register the instrument, they were astonished when
they were informed that the land was no longer registered in the
name of Johna Gumiran;

7. A research made on the property showed that a DEED OF

ABSOLUTE SALE3 covering the property was purported
executed by Johna Gumiran in favor of the defendant Wilson D.
Pataueg on March 22, 2010 and notarized by Notary Public Primo
Percival J. Marcos;

8. The conveyance was also annotated as Entry No. 424176 in the

memorandum of encumbrances of Transfer Certificate of Title
No. T- 96005 already marked as Annex A of this complaint;

9. As a result, Transfer Certificate of Title No. T-96005 was

cancelled and Transfer Certificate of Title No. T-1561014 was
issued to defendant Wilson Pataueg by the Register of Deeds of
Nueva Vizcaya on March 25, 2010.

10. On June 20, 2012, defendant Wilson Pataueg executed a

Deed of Absolute Sale5 covering the subject property in favor of
the defendants Spouses Marnilo G. Carbonel and Susan L.
Carbonel.

11. The aforesaid conveyance was annotated as Entry No. 2012

005326 on the memorandum of encumbrances of Transfer
Certificate of Title No. T-156101;

12. As a consequence, Transfer Certificate of Title No. T-

156101 was cancelled by Transfer Certificate of Title No. T-036-

1
Annex A- Transfer Certificate of Title No. T-96005
2
Annex B- Extrajudicial Settlement Among Heirs With Quitclaim
3
Annex C- Deed of Absolute Sale dated March 22, 2010 notarized by Atty. Marcos
4
Annex D- Transfer Certificate of Title No. T-156101
5
Annex E- Deed of Absolute Sale dated June 20, 2012
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2012 001388 which was issued by the Register of Deeds of Nueva

Vizcaya in favor of defendants Spouses Marnilo Carbonel and
Susan Carbonel;

FIDEL G. SANTOS
Counsel for the plaintiffs
156 Bonfal West, Bayombong, N. Vizcaya
PTR No. 1565531; Jan. 5, 2015
Bayombong, Nueva Vizcaya
IBP Fees paid OR No. 0987272; Jan. 9, 2015
MCLE Compliance No. IV-0010762
Roll No. 48362

CERTIFICATION OF
NON-FORUM SHOPPING

We, LAURA GUMIRAN NENA, LOVIN GUMIRAN NENA,

and RODNEY GUMIRAN-NENA, under oath, hereby depose and
state:

That we are the plaintiffs in the above-entitled complaint; that we

have caused its preparation, through our counsel; that all the allegations
are true and correct of our own personal knowledge and based on
authentic records or documents.

That we further certify that there is no similar action before any

court or tribunal, including the Court of Appeals and the Supreme Court
or any subdivision thereof, and should we thereafter learn the existence
of the same suit, we shall inform the Honorable Court within five (5)
days from such knowledge.

That we attest to the veracity of the foregoing statements.

IN WITNESS WHEREOF, we have hereunto set our hand on this

document this ____ day of March 2015 at Bayombong, Nueva Vizcaya.

LAURA GUMIRAN NENA LOVIN GUMIRAN NENA

Affiant Affiant
_______________________ _______________________
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RODNEY GUMIRAN-NENA
Affiant
________________________

SUBSCRIBED AND SWORN TO before me, this ___ day of

March 2015 at Bayombong, Nueva Vizcaya, affiants having exhibited
to me their Identification Card bearing their name and signature.