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Republic of the Philippines

FIRST JUDICIAL REGION


REGIONAL TRIAL COURT
Branch 5
Baguio City

CHERRY MONTRERAS RIVERA,


Plaintiff,
Civil Case NO. CC-11245
-versus-
For: Reconveyance

JANICE MONTRERAS CRUZ,


ALBERT L. CRUZ and
THE REGISTER OF DEEDS,
Baguio City,
Defendants.
x-----------------------------------------------x

COMPLAINT

Plaintiff, through counsel and unto this Honorable Court, most respectfully
states:

1. That Plaintiff is of legal age, Filipino citizen, widow, a permanent


employee of GSIS Baguio City Branch, and a resident of #43 2nd Road,
Quezon Hill, Baguio City, Philippines, while herein Defendant Janice
Montreras Cruz is of legal age, jobless and presently residing at #31
Magsaysay Road, Baguio City married to her co-Defendant Albert L.
Cruz, who is hereby impleaded pursuant to the provisions of the New
Rules of Court; the Register of Deeds of Baguio City is likewise
impleaded in this action in his official capacity as such Register of
Deeds of Baguio City with office address at 3rd Floor, City Hall Bldg.,
Baguio City where they may be served with summons;
2. That the herein Plaintiff is the sister of Defendant Janice Montreras
Cruz with whom the said Defendant stayed and grew since she was a
small girl until she got married to her co-Defendant Albert L. Cruz
sometime in October 2014;
3. That sometime in the month of April 2005, herein Plaintiff was offered
to buy the lot she was renting from the Spouses Coco M. Dela Cruz and
Erich G. Dela Cruz and after the said Plaintiff considered the offer, she
decided to buy the same for future use of her only child, Margaux Rose
Rivera, who was then only about 10 years of age, the value of which
property is more or less ONE HUNDRED FIFTY THOUSAND PESOS
(Php150,000.00);
4. That since Margaux Rose Rivera was still a minor then, the Plaintiff was
advised that the title cannot be transferred in her name yet, and so to
give her sister some sort of encouragement in life and in order to
develop the personality of her sister, Janice, she decided to transfer the
title in her name as per the herein attached photocopy of the Title No. T-
89712 with the understanding that it will be transferred in the name of
Margaux Rose Rivera as soon as he reaches the age of majority;
5. That when Margaux Rose Rivera, the only child of the Plaintiff finally
reached her age of majority, the herein Plaintiff suggested to her sister
to transfer the title to her daughter, but through the convincing words of
Janice when she begged that it be done later for it will be very
embarrassing to her suitors and besides, they are sisters and she would
never fool her, Plaintiff acceded to the request and allowed the same
property to remain registered in the name of her sister;
6. That having considered the request of Janice to be valid and her earnest
desire to help her sister by giving her some sort of encouragement in life
and to develop her personality, the Plaintiff without any slight suspicion
that her sister whom she reared and cared for since she was a child until
she got married at the mature age of 30 years old would someday be
afflicted with greediness, she acceded to allow the same parcel of land
to remain registered in her name;
7. That when the herein Plaintiff bought the property from the above
named spouses, Coco M. Dela Cruz and Erich G. Dela Cruz and even
up to the present, Janice Montreras Cruz has never been gainfully
employed so as to be in the position to buy any piece of real property
and all the time, until she got married sometime in October 2014, she
was a complete dependent of the Plaintiff;
8. That recently, the herein Plaintiff experienced the biggest and
humiliating surprise in her whole life when the same Defendant
demanded her to vacate the premises and the same Defendant is now
claiming the property to be her property and even went out to the extent
of dragging her sister-Plaintiff to the authorities;
9. That being sister, Plaintiff did almost everything to the extent of
begging from the Defendant Janice Montreras Cruz to cause the
Transfer of Title of the above property to the name of her only child,
Margaux Rose Rivera, as the same property was really intended for her,
but the same Defendant vehemently refused and instead claims in bad
faith absolute ownership thereto to the prejudice of the Plaintiff;
10. That the above arrangement that led to the registration of title in the
name of Defendant Janice Montreras Cruz was known to the sellers of
the property and other witnesses then, such as Assistant Prosecutor
Jason G. Araullo of the Prosecutor’s Office of Baguio City;
11. That despite of the Plaintiff having done everything possible as to
convince her sister to return to her the above described real property, the
same Defendant failed and vehemently refused to accede, thus, the
Plaintiff was left with no other choice and had to take this last recourse
of bringing the case to the Court, and in the process she was constrained
to engage the services of the undersigned counsel with whom she agreed
to pay a reasonable amount, which we leave to the sound discretion of
this Honorable Court to determine, for and by way of attorney’s fees;
12. That by the reason of the refusal of the Defendant Janice Montreras
Cruz to return the property to the Plaintiff, herein Plaintiff suffered
sleepless nights, mental anguish, wounded feelings and other form of
moral damages, for which the Defendant should be held liable to the
Plaintiff for such amount, which we likewise leave to the sound
discretion of this Honorable Court to determine for and by way of moral
damages;
13. That to set an example to others under the same situation, the Defendant
should be made liable to pay the Plaintiff a certain sum which we leave
to the sound discretion of this Honorable Court to determine for and by
way of exemplary damages;
14. That there being no other way by which herein Plaintiff could enforce
her right and protect her interest as she had already exhausted all the
possible remedies until she was left with no other choice but to bring the
case to court, the same Defendant should be made liable to pay the costs
of the suit.

PRAYER

WHEREFORE, in view of the above premises, it is most respectfully


prayed of this Honorable Court that after due hearing of this case, the Honorable
Court shall render a decision in favour of the Plaintiff and against the Defendant:

1. By finding the plaintiff to be the lawful owner of the above


described property;
2. By ordering the defendant, the Register of Deeds of Baguio City, to
cancel the Transfer Certificate of Title No. T-89712 covering the
above real property involved, and that the same defendant Register
of Deeds of Baguio City be ordered to issue another Transfer
Certificate of Title to recover the same property in favour of and in
the name of herein plaintiff;
3. By ordering the defendants Janice and Albert Cruz to pay jointly and
severally the plaintiff of certain sum the amount of which we leave
to the sound discretion of this Honorable Court to determine as
reasonable as attorney’s fees;
4. By ordering the defendants Janice and Albert Cruz to pay jointly and
severally the plaintiff of certain sum the amount of which we leave
to the sound discretion of this Honorable Court to determine for and
by way of moral damages;
5. By ordering the defendants Janice and Albert Cruz to pay jointly and
severally the plaintiff of certain sum the amount of which we leave
to the sound discretion of this Honorable Court to determine for and
by way of exemplary damages;
6. By ordering the defendants Janice and Albert Cruz to pay jointly and
severally, the costs of suit, and plaintiff further prays for some other
reliefs that may be just and equitable under the premises.

Baguio City, Philippines, this 5th day of August 2018.

ATTY. DEANNE C. MANADAO


Counsel for Plaintiff
Unit 3B, 3rd Floor, Porta Vaga Building
Session Road, Baguio City
(074) 422-4388/ 09057037608
PTR No. 052108; 1-15-19/Baguio City
Roll of Attorney No. 808310; 1-15-19/Baguio City
IBP Lifetime Membership No. 1029338; Baguio-Benguet
REPUBLIC OF THE PHILIPPINES}
DONE: IN THE CITY OF BAGUIO } S.S.
X ============================ X

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, CHERRY MONTRERAS RIVERA, of legal age, Filipino, widow a


resident of #43 2nd Road, Quezon Hill, Baguio City, Philippines and after having
been duly sworn to in accordance with law, do hereby depose and state:

1. That I am the plaintiff in the above-entitled complaint;


2. That I personally caused the preparation of the foregoing complaint;
3. That I have read and understood the contents of the foregoing
complaint and the allegations therein are true and correct to the best
of my own personal knowledge and belief based on authentic
documents;

I FURTHER CERTIFY THAT:

4. I did not therefore commence any action or any claim involving the
same issues in any court, tribunal or quasi-judicial agency and to the
best of my knowledge, no such other action or claim is pending
therein;
5. In the event that there is such other similar action or proceeding or if
I should hereafter learn that such similar action or proceeding has
been filed or is pending before the Supreme Court, Court of Appeals
and any court, or any other tribunal or agency, I will promptly inform
the Honorable Court of the fact and status of the same within five (5)
days from knowledge there from.

IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of


August 2018 in the City of Baguio, Philippines.

CHERRY MONTRERAS RIVERA


Affiant
TIN: 912-578-900
Issued on: March 21, 1993
Issued at: Baguio City

SUBSCRIBED AND SWORN to before me in the City of Baguio this 5th day of
August 2018 by CHERRY MONTRERAS RIVERA, who has satisfactorily
proven her identity to me through her Taxpayer’s Identification Number indicated
below her name, that she is the same person who personally signed the foregoing
affidavit before me and acknowledged that she executed the same.

Doc. No. __;


Page No. __;
Book No. __;
Series of 2018.