Sie sind auf Seite 1von 7

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


7th Judicial Region
Branch __
Cebu City

DAVID S. VILLONO,
Petitioners,

-versus- CIVIL CASE NO.: __________


FOR: DECLARATION OF
NULLITY OF ABSOLUTE
SALE, CANCELLATION OF
EXISTING TRANSFER
CERTIFICATE OF TITLE,
RECONVEYANCE AND
ATTORNEY’S FEES

EVERSPRING PROPERTIES INC.,


CITY ASSESSOR OF CEBU,
Respondent/s.
x------------------------/

COMPLAINT

COMES NOW, PETITIONERS, by the undersigned


counsel and unto this Honorable Court most respectfully states:

PARTIES

1. That petitioner is of legal age, Filipino, married to Eva


Villono and a resident of Brgy. San Roque-Ciudad, Cebu
City;

2. That respondent is a corporation duly incorporated under


the law of the Republic of the Philippines, herein
represented by Robert Go, whose office address is located
at 887 V. Rama Avenue, Cebu City; respondent City
Assessors of Cebu is holding office at Cebu City Hall
where they may be served with summons and other court
processes;
VENUE

3. That the venue of this case is properly laid down in


Cebu City, inasmuch as the residential address of the petitioner is
within its jurisdiction. Petitioner opted to file this case before this
Honorable Court;

JURISDICTION

4. That this is a civil action for CANCELLATION OF


TRANSFER CERTIFICATE OF TITLE, properly within the
jurisdiction of the Regional Trial Court;

CAUSE OF ACTION

5 That petitioner is the lawful and declared owner of Lot


15 under GSS-1262 situated at M.J. Cuenco Avenue, Barangay
Tinago, Cebu City with an area of One Thousand Nine Hundred
Eighty Eight square meters (1988 sq. m.) covered by Tax
Declaration No. 20302 from its original owners. A copy of the
Tax Declaration is hereto attached and marked as “Annex
A” and made an integral part thereof;

6. That petitioner was in possession of the lot in question


way back 1987 from the time he purchased the five consolidated
lots from its previous owners, namely: Padaco Marine and
Shipbuilding Corporation, Emma C. Abiera, Martinez Agircultural
Corporation, Industrial Supply Engineering Corporation, Ricardo
Martinez, and Spouses Julian Melendres and Simeona Cuyos. The
ownership of these previous owners was supported with different
Tax Declarations. Petitioner’s acquisition of the contested lot was
supported by Deed of Absolute Sale dated September 30, 1987.
Copies of said Tax Declarations are marked as “Annexes B-
H” and a copy of the Deed of Absolute Sale is marked as
“Annex I” and are hereto attached and made integral part
thereof;

7. That from the year 1975 until 1995, there was no other
Tax Declaration has been issued except to the Tax Declaration
referred to Lot 15 which was exclusively owned and possessed by
herein petitioner in concept of an owner, open, public, notorious
and free from any claims from third persons;
8. That upon application for free patent, petitioner was
surprised to learn that another Tax Declaration has been issued to
respondent Everspring Properties Inc. covering the same parcel of
land;

9. That a Tax Declaration No. 30087 declared under the


name of respondent Everspring Properties Inc. has no legal basis
for its issuance for lack of supporting documents;

10. That recently, the Tax Declaration No. 30087 under


the name of respondent Everspring Properties Inc was cancelled
and a new one was issued under the name of Robert Go, being the
president of Everspring Properties Inc. as shown in Tax
Declaration No. 347154. A copy of the Tax Declaration is
marked as “Annex J” and made an integral part thereof;

11. That respondent Everspring Properties Inc had acquired


the contested lot only in the year 1995 from Francisco Libut-Libut
who is the only alleged heir of Julian Melendres as evidenced by
their Deed of Absolute sale dated Feb. 13, 1995. A copy of Deed
of Absolute sale is marked as “Annex K” and made an
integral part thereof;

12. However, the sale made by Francisco Libut-Libut in


favor of respondent Everspring Properties Inc could not transmit
any rights whatsoever for the same has already been sold by the
original owners, spouses Julian and Simeona Cuyos, in favor of
Ricardo Martinez Sr.;

13. That the issuance of Tax Declaration to Robert Go is


likewise not supported with any document nor with any deed
allowed by any mode of acquisition of ownership;

14. That the existence of the aforesaid Tax Declaration is


invalid, illegal and void because the same issuance will duplicate
the issuance of Tax Declaration declared to herein petitioner;

15. That the cancellation of petitioner’s Tax Declaration by


the City Assessor of Cebu is likewise void because it failed to
observe due process of law as the property was cancelled
discriminately with undue haste to the prejudice of the legitimate
owner.

PRAYER
WHEREFORE, all the foregoing premises considered, it is most
respectfully prayed of this Honorable Court to:

1. To QUIET TITLE TO LOT NO. 15 under Tax Declaration


No. 20302;

2. To DECLARE DEFENDANTS TO HAVE NO RIGHTS,


INTEREST AND PARTICIPATION OVER LOT NO. 15;

3. To DIRECT the CITY ASSESSOR OF CEBU to CANCEL


TAX DECLARATION NO. 347154 in the name of Robert Go;

5. To PAY the sum of ONE HUNDRED THOUSAND PESOS


(P 100,000.00) as Moral Damages;

6. To PAY the amount of ONE HUNDRED THOUSAND


PESOS (P 100,000.00) as Exemplary Damages;

7. To PAY Litigation Expenses in the amount of ONE


HUNDRED THOUSAND PESOS (P 100,000.00) and
ATTORNEY’S FEES in the sum of FIFTY THOUSAND PESOS (P
50,000.00).

8. To ORDER DEFENDANT TO OBSERVE THE RIGHTS OF


PLAINTIFFS which property is under peril by their malicious and
wanton acts.

Such other relief just and equitable under the premises is


likewise prayed for.

RESPECTFULLY SUBMITTED.

Cebu City, Philippines. February 3, 2018.

NOEL JOHN SOLIVEN DY


Counsel of the Petitioner
ROLL OF ATTORNEYS NO. 50138
IBP NO. 0982026; 12-31-2018; Cebu Chapter
PTR NO. 7690136; 12-31-2018; Cebu Province
No. 4 Oliva-Perez (Across Teo-Fel)
Junquera Ext., Brgy. San Antonio 6000 Cebu City,
Philippines
Telephone No. 2541333
Email Address: Noeljohnsolivendy@outlook.com
Republic of the Philippines)
Cebu City……………………)Sc.

VERIFICATION AND CERTIFICATIONOF NON-FORUM


SHOPPING

I, DAVID S. VILLONO, of legal age, Filipino, married to


Eva Villono and a resident of Brgy. San Roque-Ciudad, Cebu City,
after having been duly sworn to in accordance with law, hereby
depose and say, that:

1. That I am the authorized representative of the Plaintiff


corporation in the above-entitled case;

2. That I have caused the preparation of the foregoing


complaint by virtue of the authority given to me by the
corporation;

3. That I have read the foregoing complaint and all of the


allegations therein are true and correct and of my own personal
knowledge or based on authentic records; and

4. That I do hereby further Certify that:

a) I have not commenced any other action or


proceeding involving the same issues in any tribunal or agency;

b) To the best of my knowledge, no such action or


proceeding is pending before any tribunal or agency;

c) If there is any such action or proceeding which is


either pending or may have been terminated, I will heretofore
state the status thereof; and

d) If I should thereafter learn that a similar action


or proceeding has been filed or is pending before any tribunal or
agency, I undertake to report that fact within five (5) days
therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto affixed my


signature this 3rd day of February 2018, in Cebu City, Philippines.
DAVID S. VILLONO
Affiant
______________________________________

SUBSCRIBED AND SWORN TO before me this 3rd day of


February 2018, in the City of Cebu, Philippines. The affiant
exhibited to me his competent evidence of identity bearing his
photograph and signature.

Doc. No. 23 NOEL JOHN SOLIVEN DY


Page No. 24 Notary Public
Book No. XVI Notarial Commission No. 011-10
Series of 2018. RTC Cebu City, San Fernando, Carcar;
Until 12-31-18
ROLL OF ATTORNEYS NO. 50138
IBP NO. 0982026; 12-31-2018;
Cebu Chapter
PTR NO. 7690136; 12-31-2018;
Cebu Province
No. 4 Oliva-Perez (Across Teo-Fel)
Junquera Ext., Brgy. San Antonio 6000
Cebu City, Philippines
Telephone No. 2541333
Email Address:
Noeljohnsolivendy@outlook.com