Beruflich Dokumente
Kultur Dokumente
C O M P LA I N T
single, Filipino and with residence and postal address at Kalubihan Colon
St., Cebu City. Said plaintiff is one of the heirs of the late Jose Rama1;
married to Crisanto Damo, Filipino and with residence and postal address at
Labangon, Cebu City. Said plaintiff is one of the heirs of the late Jose
Rama2. Said plaintiff is known since her childhood as Susan Rama but is
registered in the Civil Registry in the name of Aida Rama. However, she is
using Susan Rama as her name in all her personal effects with a Joint
Affidavit of Two Disinterested Persons attesting the fact that Susan Rama
and Aida Rama is one and the same person3.
age, married to Steve Lawas, Filipino and with residence and postal address
at Talisay City, Cebu. Said plaintiff is one of the heirs of the late Gloria
Rama Oblenda 4; and
1
Attached and marked as Annex “A” is a copy of the Certificate of Live Birth of Nelly
Rama.
2
Attached and marked as Annex “B” is a copy of the Certificate of Live Birth of Aida
Rama Damo.
3
Attached and marked as Annex “C” is a copy of a Joint Affidavit of Two Disinterested
Persons attesting to the fact that Aida Rama Damo and Susan Rama Damo is one and
the same person.
4
Attached and marked as Annex “D” is a copy of the Certificate of Live Birth of Desiree
Oblenda Lawas.
2
St.,Dumlog, Talisay City, Cebu, where she may be served with summons
and other processes of this Honorable Court.
8) Plaintiffs Rama and Damo are among the six (6) childrens and legal
heirs of deceased spouses Jose Alcordo Rama 5 and Beneria Jokom Nolasco.
While plaintiff Lawas is one of the five (5) childrens and legal heirs of the
late Fermin Oblenda and Gloria Rama Oblenda6.
10) It was sometime on July 2013, when the plaintiffs learned that
defendant Felipe and deceased Ceferino who later died in the year 2014, has
caused the preparation of the extra judicial settlement of the estate and were
processing for the Transfer Certificate of Title of the estate of their aunt
Auld. They were deceived by defendant Felipe that deceased Ceferino that
their other siblings and their successors who have already died ahead of
them were no longer entitled to any share of the estate of Auld and only they
(Felipe and Ceferino) are the only surviving heirs of their deceased sibling
Auld. Thus, on July 17, 2013, in order to protect thier rights’ and interest
over the subject property plaintiffs Damo and Lawas filed an Affidavit of
Adverse claim with the Office of the Register of Deeds of Cebu Province 10
which was duly annotated in the Transfer Certificate of Title T-151847 in the
name of Trinidad Rama Auld.
7
Attached and marked as Annex “G’ is a copy of the Certificate of Death of Trinidad
Rama Auld
8
Attached as Annex “H” is a copy of Transfer Certificate of Title in the name of
Trinidad Rama Auld.
9
Attached and marked as Annex “I”, “I-1”, “I-2” are the copies of the Extrajudicial
Settlement of Estate.
10
Attached and marked as Annex “J” is a copy of the Affidavit Adverse Claim.
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statements and done without the participation and consent of other legal
heirs of the late Auld, defendant Felipe and deceased Ceferino successfully
caused the cancellation of Auld Transfer Certificate of Title11.
14) In order to protect their rights and interest over the parcel of land
covered by Transfer Certificate of Title No. 102-2014001351, plaintiffs were
compelled to litigate and incur expenses thereby entitling them to the award
of attorney’s fees in the amount of Php 40,000.00 and Php 2,500 per
appearance ;
16) For the vindication of the rights of plaintiffs over the parcel of
land covered by Transfer Certificate of Title No. 102-2014001351 that was
11
Attached and marked as Annex “K, K-1,K-2,K-3,K-4” are the copies of the cancelled
Transfer Certificate of Title of Trinidad Rama Auld.
12
Attached and marked as Annex “L, L-1,L-2,” are the copies of the new Transfer
Certificate of Title in favor of Felipe Rama and Ceferino Rama.
13
Attached and marked as Annex “M” is a copy of the Tax Declaration No.
07000708894.
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fraudulently acquired in its entirety by defendants, plaintiffs are entitled to
receive from defendants, joint and several, nominal damages in the amount
of Php50,000.00 under Articles 2221 and 2222 of the Civil Code;
21) In order to discourage those who are similarly bent from doing
such detestable act of defendants and in order to set an example for the
public good, defendants should be adjudged, solidarily, to pay to plaintiffs
the amount of Php100,000.00 as and for exemplary damages.
THE RELIEFS
Plaintiffs pray for such other reliefs and remedies that are just and
equitable under the premises.
RESPECTFULLY SUBMITTED.
By:
JURIL B. PATIÑO
Roll of Attorney No. 63966 April 27,2015
PTR OR No. 707854 5-06-15
IBP OR No. 0997508 4-27-15 Cebu City Chapter
MCLE COMPLIANCE No. Exempt-New Passer
Email add: juril.patino@yahoo.co
HABEAS CORPUZ
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Roll of Attorney No. 62850 May 06,2014
PTR OR No. 599058 January 07,2015 Cebu City
IBP OR No. 966627 January 7,2015 Cebu City Chapter
MCLE COMPLIANCE No. Exempt-New Passer
Email add: writofhabeascorpuz@gmail.com
3. That we have read the contents thereof and that the same are
true and correct to the best of our personal knowledge or based on
authentic records ;
SUSAN RAMA-DAMO
DESIREE OBLENDA-LAWAS
Affiants
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SUBSCRIBED AND SWORN to before me this ______________
in Cebu City, Philippines, by :
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