Complaint: Regional Trial Court
Complaint: Regional Trial Court
COMPLAINT
1. Plaintiffs are husband and wife, both of legal age, Filipinos and
residents of #1241-A Mataas na Lupa, Malate, Manila where they
may be served with summons, notices, orders and other processes
of this Honorable Court;
2. Defendants Gaudiosa Hilario and heirs of the late Pablo Hilario, all
of legal age, Filipinos and residents of #1241-B Mataas na Lupa
Malate, Manila where they may be served with summons, notices,
orders and other processes of this Honorable Court;
5. As a preparatory act for the sale of the land which is the subject
matter of this case, the landowner EMERENCIANA RIVERA through
the professional assistance of Engineer Restituto Beltran, a Geodetic
Engineer, subdivided the land of into three (3) equal parts, each
subdivision measuring 41.50 square meters. One part for Pablo
while the other part is for Serafin Hilario, also a son of
EMERENCIANA RIVERA. The last part will be sold to the plaintiffs.
The subdivision of the subject lot is evidenced by a
consolidation/subdivision plan attached herewith and marked as
Annex “A”;
7. Plaintiffs were the ones who defrayed for all the expenses
necessary for the surveying and subdivision of said land. The
plaintiffs also shouldered the expenses which were supposed to be
paid by Serafin Hilario and Pablo Hilario because according to their
spouses, they do not have money for such kind of expense;
8. Under the said Deed of Sale, the vendor EMERENCIANA for and in
consideration of Five thousand pesos Philippine currency
(P5,000.00), transferred and conveyed to the therein vendee,
plaintiff herein, the portion on the South of the abovementioned
property with an area of SIXTY SEVENTY square meters and
SEVENTY square decimeters (67.70) as technically described below
and copied from the Deed of Sale:
14. The said waiver states that the two (2) lots of EMERENCIANA
was consolidated and subdivided by NHA into three (3) lots when in
truth and in fact, the land of EMERENCIANA was subdivided into
three (3) lots by Engr. Restituto Beltran sometime on March 1987,
before the execution of the Deed of Absolute Sale between
EMERENCIANA and plaintiffs on March 31, 1987. Considering that
the subdivision made was into three (3) parts, the waiver speaks
only of favoring two persons, Pablo Hilario and Serafin Hilario,
hence contrary to subdivision made;
16. It can be gleaned from the waiver that the date of issue of
the Residence Certificate of EMERENCIANA (July 22, 1987) has the
same date with the Deed of Waiver (Annex “C-1”) and the Letter
submitted to the NHA (Annex “C”). Moreover, the waiver was not
executed before an administering officer of NHA but only by a
notary public;
19. Pablo Hilario and Serafin Hilario, in registering the subject lot
unto their own names, did this in complete and absolute disregard
of the rights of the plaintiffs as the lawful owner/transferee of a
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23. Plaintiffs filed an adverse claim on March 24, 2006 before the
Register of Deeds of Manila pertaining to the TCT issued in favor of
Pablo Hilario. A copy of the Affidavit of Adverse Claim of the
plaintiffs (Pinagsamang Sinumpaang Salaysay) is hereto attached
and marked as Annex “I” while a copy of the title of Pablo Hilario
with the adverse claim of the plaintiffs is also attached hereto and
marked as Annex “J” and the adverse claim marked as “J-1-a”;
25. Due to the defendants’ unjustified claim over the land legally
owned by the plaintiffs, the latter were constrained to file this
action in court. The plaintiffs suffered anxiety, sleepless nights,
mental anguish and incurred litigation expenses for which the
defendants must be held liable.
PRAYER
WHEREFORE, premises considered, plaintiffs most respectfully
prayed of this Honorable Court that Judgment be rendered:
Manila, Philippines,
June 1, 2006
3. We have read and fully understood the contents thereof and affirm
that the factual statements therein made are true and correct to the
best of our own personal knowledge and belief.
4. We have not commenced any action involving the same parties and
issues in the Supreme Court, Court of Appeal or any tribunal.
NOTARY PUBLIC
Doc. No. ________;
Page No. ________;
Book No. ________;
Series of 2006.
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List of Annexes
Annex 1 - Plan of Consolidation Subdivision Survey
Annex 2 – Deed of Absolute Sale between DANILO and EMERENCIANA