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Republic of the Philippines

REGIONAL TRIAL COURT


Fourth Judicial Region
Calapan, Mindoro
Branch _________
DIONISIO C. RAMOS, REGINA
RAMOS,
NESTORA
R.
FORTUNADO, and SALUD R.
GANADEN, Represented by:
SALUD R. GANADE,
Plaintiffs,
--- versus ---

Civil Case No. ___________


ANNULMENT OF TITLES
AND DEEDS OF SALE
AND RECOVERY OF
POSSESSION AND
DAMAGES

SPOUSES LUIS C. RAMOS AND


DIOSA
SANCHEZ-RAMOS,
SARAH
RAMOS,
DANIEL
RAMOS LUIS RAMOS, JR., and
THE REGISTER OF DEEDS OF
CALAPAN,
ORIENTAL
MINDORO
Defendants.
x-----------------------------------x

COMPLAINT
PLAINTIFFS, through counsel and before the Honorable
Court, most respectfully state that:

THE PARTIES

1) Plaintiff Salud Ramos Ganaden is of legal age,


married, Filipino and with residence and postal address at Lot
10 Blk 25 Chico Street, Greenfield Subdivision, Novaliches,
Quezon City. Said plaintiff is the authorized representative of
other plaintiffs by virtue of a Special Power of Attorney (SPA), a
photocopy of which is appended herewith as Annex A and
Annex A-1;
2) Plaintiffs Dionisio C. Ramos and Regina Ramos are of
legal age, married, Filipinos and with common residence and
postal address at Brgy. Palahanan 2, San Juan, Batangas;
3) Plaintiff Nestora Ramos Fortunado, of legal age, widow,
Filipino and with residence and postal address at Brgy. Ingas,
Infanta, Quezon; and
4) Defendants spouses Luis C. Ramos and Diosa
Sanchez-Ramos are of legal age, married, Filipinos with
common postal address at No. 31 Mojica Street, San Juan,
Batangas, where they may be served with summons and other
processes of this Honorable Court.
5) Defendants Sarah Ramos, Daniel Ramos, and Luis
Ramos, Jr. are of legal age, single, Filipinos with common
postal address at No. 31 Mojica Street, San Juan, Batangas,
where they may be served with summons and other processes
of this Honorable Court.
6) Defendant Register of Deeds of Calapan, Oriental
Mindoro is a government agency which is the repository of
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records affecting properties and is tasked with the registration,


cancellation, and transfer of titles thereof. Defendant Register
of Deeds may be served with summons and other processes of
this Honorable Court in the Office of the Registry of Deeds of
Calapan, Oriental Mindoro.

THE CAUSE OF ACTION


FOR ANNULMENT OF TITLES, DEEDS OF SALE AND
RECOVERY OF POSSESSION
3) Plaintiffs are among the nine (9) children and legal
heirs of deceased spouses Jose Ramos and Cleotilde Ramos,
the latter being the absolute owners of a parcel of land covered
by Transfer Certificate of Title No. RT*-125 (t-1942). This
parcel of land, declared under Tax Declaration No. 30-007025-A and with an aggregate area of 13.2468 hectares, is
located

in

Barangay

Pinagsabangan,

Naujan,

Oriental

Mindoro. A photocopy of the said title is appended herewith as


Annex B and Annex B-1;
4) Defendants spouses Luis C. Ramos and Diosa
Sanchez-Ramos (hereinafter referred to as The Spouses) are
the brother and sister-in-law of the plaintiffs, respectively. The
Spouses caused the extra-judicial settlement of the intestate
estate of spouses Jose Ramos and Cleotilde Cantos, on 31
August 2008, dividing among the heirs the said parcel of land.
A photocopy of such extrajudicial settlement is appended
herewith as Annex C, C-1, C-2, and C-3;

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5) Defendants Sarah, Daniel, and Luis, Jr., all surnamed


Ramos, are the children of the Spouses.
6) After the extrajudicial partition, the Spouses informed
Plaintiffs that they will process the issuance of the individual
certificates of title corresponding to their share. Plaintiffs
readily agreed upon the assurance that their respective titles
will be immediately processed through the help of the Spouses
friend who is a lawyer;
7) Unknown to Plaintiffs, the individual certificates of
title were already issued in 2011 but the Spouses deliberately
failed to inform them of such fact;
8) Plaintiffs expressed their intention to sell their
individual shares on the land upon the issuance of their
certificates of title and, provided there is a good deal. On 01
August 2013, the Spouses introduced to Plaintiffs their lawyerfriend named Atty. Expectacion S. Bautista-Baldeo. On that
occasion, the Spouses informed Plaintiffs that they finally
found a buyer who is willing to buy their share on the land.
That in recognition of Plaintiffs willingness to sell their
respective shares, the prospective buyer is giving them
Php50,000 each to be considered as part of the purchase price
in the event of a successful sale between Plaintiffs and the
prospective buyer. Thereafter, Plaintiffs were asked to sign a
document purportedly a receipt for such amount;
9) However, the prospective buyer was never introduced
to Plaintiffs and the supposed negotiation for the sale did not
take place. The Spouses did not bother to explain the reason
thereof;
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10) Plaintiffs, upon being informed by their tenant of


several decades, were surprised that the latter was asked by
the Spouses to vacate the land. The Spouses contended that
they are the registered owners of the land, the same having
been purchased through several Deeds of Absolute Sale
executed between them and Plaintiffs;
11) Plaintiffs vehemently deny the execution of the
aforesaid Deeds of Absolute Sale and the appearance before a
notary public to acknowledge said transaction. Thus, the
inevitable conclusion is that the Spouses forged Plaintiffs
signatures in order to facilitate the execution of these fictitious
Deeds of Absolute Sale, photocopies of which are appended
herewith as Annexes D, D-1, E, E-1, F, F-1, G, and G-1;
12) Through these fictitious Deeds of Absolute Sale, the
Spouses successfully caused the cancellation of Plaintiffs
individual certificates of title which were earlier issued without
their knowledge, and new titles were issued in favor of the
Spouses and their children who, at the time of such transfer
had no capability to purchase the subject property;
13) Accordingly, Transfer Certificate of Title (TCT) No.
064-2012005611 in the name of Plaintiff Regina Ramos
declared under Tax Declaration No. 2012-08051-00282 with a
market

value of Php63,898.71 and

assessed

value

of

Php25,560.00 was CANCELLED and a new one issued in


favor of the Spouses daughter Sarah S. Ramos under TCT No.
064-2014001626, declared under Tax Declaration No. 201208051-00293.

photocopy

of

Plaintiff

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Regina

Ramos

CANCELLED Certificate of Title is appended herewith as


Annexes H, H-1, H-2, H-3; and a photocopy of the new TCT in
the name of Sarah S. Ramos is appended herewith as
Annexes I, I-1 and I-2;
14)

Transfer

Certificate

of

Title

(TCT)

No.

064-

2012005607 in the name of Plaintiff Dionisio Ramos declared


under Tax Declaration No. 2012-08051-00278 with a market
value of Php63,894.37 and assessed value of Php25,560.00
was CANCELLED and a new one issued in favor of the
Spouses son Luis C. Ramos, Jr. under TCT No. 0642014001624, declared under Tax Declaration No. 2012-0805100290. A photocopy of Plaintiff Dionisio Ramos CANCELLED
Certificate of Title is appended herewith as Annexes J, J-1, J2, and J-3; and a photocopy of the new TCT in the name of
Luis C. Ramos is appended herewith as Annexes K, K-1 and
K-2;
15)

Transfer

Certificate

of

Title

(TCT)

No.

064-

2012005606 in the name of Plaintiff Salud Ramos declared


under Tax Declaration No. 2012-08051-00277 with a market
value of Php63,894.37 and assessed value of Php25,560.00
was CANCELLED and a new one issued in favor of the
Spouses under TCT No. 064-2014001625, declared under Tax
Declaration No. 2012-08051-00289. A photocopy of Plaintiff
Salud Ramos CANCELLED Certificate of Title is appended
herewith as Annexes L, L-1, L-2, and L-3; and a photocopy of
the new TCT in the name of the Spouses Luis C. Ramos and
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Diosa Sanchez-Ramos is appended herewith as Annexes M


and M-1;
16)

Transfer

Certificate

of

Title

(TCT)

No.

064-

2012005610 in the name of Plaintiff Nestora Ramos declared


under Tax Declaration No. 2012-08051-00281 with a market
value of Php63,897.71 and assessed value of Php25,560.00
was CANCELLED and a new one issued in favor of the
Spouses

son

Daniel

S.

Ramos

under

TCT

No.

064-

2014001627, declared under Tax Declaration No. 2012-0805100292. A photocopy of Plaintiff Nestora Ramos CANCELLED
Certificate of Title is appended herewith as Annexes N, N-1, N2 and N-3; and a photocopy of the new TCT in the name of
Daniel S. Ramos is appended herewith as Annexes O, O-1
and O-2. Photocopies of the Tax Declarations of aforesaid
properties are appended herewith as Annexes P, P-1, P-2, P3, P-4, P-5, P-6 and P-7.
17) To avoid litigation, Plaintiffs exerted earnest efforts to
settle

the

matter

with

the

Defendants

through

verbal

communication and, finally, through a written request. A


photocopy of said letter request dated July 04, 2014 and the
LBC receipt is appended herewith as Annexes Q and Q-1;
18)

These

factual

events

fraudulently

dispossessed

Plaintiffs of their rightful shares in the property left by their


deceased parents, spouses Jose Ramos and Cleotilde Cantos;
19)

In Sevilla

vs. De

los

Angeles (97

Phil.

875

[1955]) reconveyance was allowed where the TCT was procured


under circumstances of constructive trust based on fraudulent
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representations. In the instant case, the Spouses procured the


TCTs upon their orchestrated fraudulent representation in
their petition for cancellation of title. This mode of acquiring
title creates what is called "constructive trust" in favor of the
defrauded party and entitles the latter a right to the
reconveyance of the property.
20) Similarly, under Sec. 53 of PD No. 1529 (also known
as the Property Registration Decree), an original owner of
registered land may seek the annulment of the transfer thereof
on

the

ground

of

fraud

and

the

proper

remedy

is

reconveyance. The subsequent TCT obtained by fraud or


through a forged deed shall be cancelled for being null and
void. Thus, said provision provides:
In all cases of registration procured by fraud, the
owner may pursue all his legal and equitable
remedies against the parties to such fraud without
prejudice, however, to the rights of any innocent holder
for value of a certificate of title. After the entry of the
decree of registration on the original petition or
application, any subsequent registration procured by
the presentation of a forged duplicate certificate of
title, or a forged deed or other instrument, shall be
null and void.

THE CAUSE OF ACTION


FOR DAMAGES

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18) In order to protect their rights and interest over the


parcel of land covered by Transfer Certificate of Title No. RT*125 (t-1942), plaintiff were compelled to litigate and incur
expenses thereby entitling them to the award of attorneys fees
in the amount of Php20,000.00;
19) Due to the unlawful acts committed by defendants
plaintiffs are continuously suffering from mental anguish,
fright, serious anxiety, moral shock and similar injuries
thereby warranting the individual award of moral damages in
the sum of Php100,000.00, from defendants, in solidum;
20) For the vindication of the rights of plaintiffs over the
parcel of land covered by Transfer Certificate of Title No. RT*125 (t-1942) that was illegally misappropriated 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

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WHEREFORE,

premises

considered,

it

is

most

respectfully prayed from this Honorable Court that, after due


notice and hearing, judgment be rendered as follows:
1) ORDERING the Deeds of Absolute Sale NULL and
VOID;
2) ORDERING the cancellation of Transfer Certificates of
Title

Nos.

064-2014001626,

064-2014001624,

064-

2014001625, and 064-2014001627 for being NULL and VOID;


3) REINSTATING Transfer Certificates of Title Nos. 0642012005611,

064-2012005607,

064-2012005606,

064-

2012005610;
4) ORDERING defendants to jointly and severally pay
plaintiffs:
a) PhP20,000.00 as and for attorneys fees;

b) PhP100,000.00 as moral damages;

c) PhP50,000.00 as nominal damages;

d) PhP100,000.00 as exemplary damages; and

e) Cost of suit.

Plaintiffs pray for such other reliefs and remedies that


are just and equitable under the premises.

Quezon

City

for

Calapan

City,

November 14, 2014.


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Oriental

Mindoro,

RIO T. ESPIRITU
Counsel for Plaintiffs
48-C Malakas St., Brgy. Pinyahan
Quezon City
Roll of Attorney No. 34988
PTR No. 9120190, 01/09/14, Q.C.
IBP No. 925983, 01/15/14, Q.C.
MCLE No. IV - 0016174 April 10, 2013

CERTIFICATION and VERIFICATION

I, SALUD RAMOS GANADEN, of legal age, married,


Filipino and with residence and postal address at Lot 10 Blk
25 Chico Street, Greenfield Subdivision, Novaliches, Quezon
City, under oath deposes and say that:

I am one of the plaintiff and authorized representative of


other plaintiffs, by virtue of Special Power of Attorney in the
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above entitled case and has caused the preparation of the


foregoing Complaint for Annulment of Documents, Recovery of
Possession and Damages.

I have read the contents thereof

and the same are true and correct of my own personal


knowledge or are based on authentic record.

I have not theretofore commenced any action or filed 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.

If I should

thereafter learn that the same or similar action or claim has


been filed or is pending, I shall report the fact within five (5)
days therefrom to the court wherein the aforesaid complaint or
initiatory pleading has been filed and I shall, further, disclose
a complete statement of the present status thereof.

IN WITNESS WHEREOF, I hereby set my hand this

SALUD RAMOS GANADEN


Affiant

SUBSCRIBED AND SWORN to before me, a Notary Public


in and for ______________, affiant personally appeared and
exhibited her Senior Citizen I.D. No. 2923175, issued in
Quezon City.

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NOTARY PUBLIC
Until 31 Dec. 2014.

Doc. No. _____


Page No. _____
Book No. _____
Series of 2014.

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