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  • 01 Complaint (For Printing Feb 10)

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    Jaime Victorio Gutierrez
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    Patricia Gutierrez and the heirs of Santiago Gutierrez filed a complaint against Pedro Dela Cruz to declare null and void the deed of sale of a property located in Batangas City. They allege that the signatures of Rosalinda and Virgilio Gutierrez, who were indicated as witnesses in the deed of sale, were forged as they deny knowledge of and involvement in the sale. They further argue that the sale is invalid as Santiago had already passed away before the date of sale stated in the deed. They are seeking to cancel the title issued to Dela Cruz and have the property reconveyed to the plaintiffs.

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    01 Complaint (for printing feb 10)

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    Patricia Gutierrez and the heirs of Santiago Gutierrez filed a complaint against Pedro Dela Cruz to declare null and void the deed of sale of a property located in Batangas City. They allege that the signatures of Rosalinda and Virgilio Gutierrez, who were indicated as witnesses in the deed of sale, were forged as they deny knowledge of and involvement in the sale. They further argue that the sale is invalid as Santiago had already passed away before the date of sale stated in the deed. They are seeking to cancel the title issued to Dela Cruz and have the property reconveyed to the plaintiffs.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    33 views6 pages

    01 Complaint (For Printing Feb 10)

    Uploaded by

    Jaime Victorio Gutierrez
    Patricia Gutierrez and the heirs of Santiago Gutierrez filed a complaint against Pedro Dela Cruz to declare null and void the deed of sale of a property located in Batangas City. They allege that the signatures of Rosalinda and Virgilio Gutierrez, who were indicated as witnesses in the deed of sale, were forged as they deny knowledge of and involvement in the sale. They further argue that the sale is invalid as Santiago had already passed away before the date of sale stated in the deed. They are seeking to cancel the title issued to Dela Cruz and have the property reconveyed to the plaintiffs.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 6

    REPUBLIC OF THE PHILIPPINES

    REGIONAL TRIAL COURT


    FOURTH JUDICIAL REGION
    BATANGAS CITY

    PATRICIA GUTIERREZ and heirs of


    SANTIAGO GUTIERREZ represented by
    ROSALINDA GUTIERREZ, VIRGILIO
    GUTIERREZ and APOLLO GUTIERREZ,
    Plaintiffs, CIVIL CASE NO. ___

    - versus - - for -

    PEDRO DELA CRUZ DECLARATION OF


    Defendant. NULLITY OF DEED OF
    SALE
    x - - - - - - - - - - - - - - - - - - - - - - - - -- x

    COMPLAINT

    PLAINTIFFS, through the undersigned counsel, unto this Honorable


    Court, most respectfully state, that:

    1. Plaintiff, PATRICIA GUTIERREZ, is of legal age, Filipino, widow, with


    residence and postal address at No. 24 SJIB Road, Balagtas,
    Batangas City; Plaintiffs ROSALINDA GUTIERREZ, VIRGILIO
    GUTIERREZ, and APOLLO GUTIERREZ, all of legal age, Filipino,
    single and resident of No. 24 SJIB Road, Balagtas, Batangas City
    where they may be served with summons and other processes of this
    Honorable Court;

    2. Defendant, PEDRO DELA CRUZ, married, Filipino, with residence and


    postal address at No. 12, Barangay Putatan, Muntinlupa City where
    they may be served with summons and other processes by this
    Honorable Court;
    3. Plaintiffs are the owner of a parcel of land located at Lot 36, Sitio
    Central, Balagtas, Batangas City covered by a Transfer Certificate of
    Title (TCT) No. T-15611 (Annex “A”) more particularly described as
    follows:

    i. “A parcel of land (Lot 36) situated in Sitio Central,


    Brgy. Balagtas, Batangas City, Island of Luzon.
    Bounded on the NE., points 1 to 2 by Brgy. Road of
    the subdivision plan; on the SE., points 2 to 3 by Lot
    37, on the SW points 3 to 4 by Lot 30. Beginning at a
    point marked “1” on plan, being S. 45 deg. 13’E,
    241.5 m. from BLLM No. 31, Batangas Cadastre;

    4. The subject property was also registered before the Office of City
    Assessor’s Office of Batangas City per Tax Declaration No. 0008-
    00023 herein attached as (Annex “B”); The property’s assessed value
    is on the basis of the Tax Declaration is Three Million Pesos (P
    3,000,000.00);

    5. Patricia made an inquiry to the Register of Deeds for the purpose of


    extrajudicial settlement of the estate of her deceased husband who
    died intestate on December 15, 2014 (Annex “C”). However, she found
    out that the property was sold and a Deed of Sale dated February 2,
    2015 (Annex “D”) was executed in favor of the defendant signed by
    Patricia and her late spouse Santiago Gutierrez;

    6. Transfer Certificate of Title No. T-16666 was issued to defendant by


    virtue of the Deed of Sale; (Annex “E”)

    7. Valentina Santos, the family’s housekeeper, disclosed that it was in


    fact the signature of Rosalinda and Virgilio who signed the Deed of
    Sale as witnesses;

    8. Patricia confronted her daughter Rosalinda and son Virgilio, who both
    denied knowledge of the Deed of Sale despite having their signature
    appear as witnesses;

    9. Rosalinda and Virgilio signed the document under the impression that
    it was for extrajudicial settlement of their father’s estate;
    10. The plaintiffs deny knowledge on the due execution and genuineness
    of the Deed of Sale on account of the death of Santiago Gutierrez prior
    to the execution of the Deed of Sale on February 2, 2015;

    11. The plaintiffs engaged the services of counsel to recover ownership


    and possession of the said property and for the cancellation of Transfer
    Certificate of Title issued to herein defendant Pedro Dela Cruz.

    PRAYER

    WHEREFORE, premises considered, it is most respectfully prayed to


    this Honorable Court that after due hearing, judgment be rendered in favor
    of the Plaintiff:

    a) Ordering the defendant to vacate the subject premises and to


    surrender peaceful possession thereof to plaintiffs;

    b) Ordering the Declaration of Nullity of the Deed of Sale;

    c) Ordering the Cancellation of Transfer Certificate of Title No.


    16666 issued in favor of Pedro Dela Cruz and Reconveyance of
    the subject property to the plaintiff;

    d) Ordering the defendant to pay the plaintiff MORAL DAMAGES


    amounting to ONE HUNDRED THOUSAND PESOS
    (P 100,000.00) and EXEMPLARY DAMAGES amounting to ONE
    HUNDRED THOUSAND PESOS (P 100,000.00).

    e) Ordering the defendants to pay the sum of Ph P100,000.00 as


    attorney’s fees and appearance fees of Php 2,500.00 and FIFTY
    THOUSAND PESOS (P 50,000.00) as litigation expenses;

    f) To pay the cost of this suit.

    Other reliefs and remedies deemed just and equitable under the
    foregoing premises are likewise prayed for.
    February 10, 2023. Batangas City.

    RAPIDO Law Office


    Counsel for the Plaintiff
    1st Floor, NDF Building
    Barangay IV, Balagtas, Batangas City
    Telephone No. (042) 223-4567

    By:

    ATTY. RAFFY RAPIDO


    Roll of Attorney No. 802018
    IBP No. 185448, January 2, 2022
    PTR No. 102694, January 6, 2022
    MCLE Compliance No. VI 002095 January 28, 20222
    Email: [email protected]
    Cellphone No. 0956-874-9007
    VERIFICATION and CERTIFICATION OF NON-FORUM SHOPPING

    I, PATRICIA GUTIERREZ, of legal age, Filipino, widow, with residence


    and postal address at No. 24 Balagtas, Batangas City after having been duly
    sworn to in accordance with law, hereby depose and say that:

    1. I am one of the plaintiffs in the above-titled case.

    2. I have caused the preparation of the foregoing complaint.

    3. I have read and understood the allegations of the Complaint and that
    the allegations contained herein are true and correct to the best of my
    personal knowledge and authentic records.

    4. I have not theretofore commenced any action or proceeding involving


    the same issue in the Supreme Court, Court of Appeals, or different
    divisions thereof, or any tribunal or agency.

    5. To the best of my knowledge, no such action or proceeding is pending


    in the Supreme Court, Court of Appeals or any other tribunal or agency.

    6. If there is any such action or proceeding, which is either pending or


    may have been terminated, I will inform the court of the status thereof.

    7. If I should thereafter learn that a similar action is pending in the


    Supreme Court, Court of Appeals or any other tribunal or agency, I
    undertake to report such fact to the Honorable Court wherein the
    original pleading and sworn certification contemplated herein has been
    filed.
    IN WITNESS WHEREOF, I have hereunto affixed my signature this
    th
    10 day of February, 2023 in Batangas City, Province of Batangas.

    PATRICIA GUTIERREZ
    Affiant
    TIN- 402-234-456

    SUBSCRIBED AND SWORN to before me this 10th day of February,


    2023 in Balagtas, Batangas City, affiant exhibited to me his TIN ID bearing
    his photograph and signature as competent evidence of his identity.

    ATTY. RAFFY RAPIDO


    Roll of Attorney No. 802018
    IBP No. 185448, January 2, 2022
    PTR No. 102694, January 6, 2022
    MCLE Compliance No. VI 002095 January 28, 2022
    Email: [email protected]
    Cellphone No. 0956-874-9007

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