Professional Documents
Culture Documents
FRANKLIN
EMMANUELH. MALETSKY
M. DIU Defendant,
Plaintiff,
Petitioner, CIVIL CASE NO: ______
CIVIL CASE NO. ___
-versus-
-versus- -for-
For: Collection of Sum of
Money
SPOUSES CONCEPCION M.
SPOUSES
JALAMANAOLIVER AND WILFRIDO LIM & Cancellation of Transfer Certificates
LILIBETH
JALAMANAD G. LIM, MARIA of Title Nos. T-226,339, T-226,340, T-
TANTAY, LORELIE FRANCISCO, 226,341, T-226,568 and T-226,338 and
LUZVIMINDA SUMAYANG, Nullification of their Deeds of
RONNIE TANTAY, JORDAN Conveyances, Partition and Loan and
GITALAN and HOME Mortgage Agreements with Damages.
DEVELOPMENT MUTUAL FUND.
Defendants.
x---------------------------------------x
X----------- --------
COMPLAINT
10. That the Deed of Absolute Sale was executed at the time that
Plaintiff was in the United States of America together with his
wife, Lorraine Simpson Maletsky;
11. That subsequently, the lot was subdivided into five units by
virtue of which five titles under the name of Defendant Gitalan
were issued, to wit:
The lot recorded under TCT No. TCT No. T-226,334 was then
registered before the Office of the City Assessor per Tax
Declaration numbered 050109208904 with an assessed value of
Twenty Eight Thousand Three Hundred Fifty Pesos
(P28,350.00) and market value of One Hundred Forty One
Thousand Seven Hundred Fifty Pesos (P141,750.00);
The lot recorded under TCT No. TCT No. T-226,335 was then
registered before the Office of the City Assessor per Tax
Declaration numbered 050109208908 with an assessed value of
Twenty Eight Thousand Three Hundred Fifty Pesos
(P28,350.00) and market value of One Hundred Forty One
Thousand Seven Hundred Fifty Pesos (P141,750.00);
The lot recorded under TCT No. TCT No. T-226,336 was then
registered before the Office of the City Assessor per Tax
Declaration numbered 050109208905 with an assessed value of
Twenty Eight Thousand Three Hundred Fifty Pesos
(P28,350.00) and market value of One Hundred Forty One
Thousand Seven Hundred Fifty Pesos (P141,750.00);
The lot recorded under TCT No. TCT No. T-226,337 was then
registered before the Office of the City Assessor per Tax
Declaration numbered 050109208907 with an assessed value of
Twenty Eight Thousand Three Hundred Fifty Pesos
(P28,350.00) and market value of One Hundred Forty Thousand
Seven Hundred Fifty Pesos (P140,750.00);
The lot recorded under TCT No. TCT No. T-226,338 was then
registered before the Office of the City Assessor per Tax
Declaration numbered 1101009207460 with an assessed value
of Five Thousand Eight Hundred Sixty Pesos (P5,860.00) and
market value of Twenty Nine Thousand Three Hundred Four
Pesos (P29,304.00);
13. That the lot subsequently registered per TCT No. 226,335 was
sold to Defendant LORELIE N. FRANCISCO for a
consideration of One Million Five Hundred Ninety Seven
Thousand Pesos (P1, 597,000.00) by virtue of a Deed of
Absolute Sale registered as Doc. No. 209, Page 35, Book No.
88, Series of 2010 of notary public Mateo P. Francisco. As a
result of the same, TCT No. T-226,340 was issued on December
30, 2010; the lot was then registered before the Office of the
City Assessors Office with an assessed value of P51, 800.00
and market value of P259, 000.00 per Tax Declaration No.
1101009207465; Machine copies of TCT No. T-226,340 and
TD No. 1101009207465 are attached as Annexes K and L,
respectively;
15. That the lot registered per TCT No. T-226,337 was then sold to
Defendant RONNIE R. TANTAY for a consideration of (P1,
779,000.00), by virtue of which TCT No.T-226,568 was issued
in his favor on January 12, 2011; The lot was then registered
before the Office of the City Assessors Office with an assessed
value of P16, 680.00 and market value of P83, 400.00 per Tax
Declaration No. 1101009207514; Machine copies of TCT No.
T-226,568 and TD No. 1101009207514 are attached as Annexes
O and P, respectively;
16. That the purchases of the lots now registered per TCT Nos. T-
226,339, T-226,340, T-336,341 and T-336,568 were financed
through loans obtained from the Home Development Mutual
Fund (Pag-ibig). As a result thereof, the lots were mortgaged in
favor of Pag-ibig to secure the loans, as evidenced by the
registration of the encumbrance on the titles all dated December
30, 2010; Machine copies of the Loan and Real Estate
Mortgages all dated December 30, 2010 are herein attached as
Annexes Q to Q-3;
18. That on March 31, 2014, Plaintiff also sent a letter against
Defendant Gitalan, demanding the restoration of the title now
registered per TCT No. T-226,338 under the name of the
Plaintiff and the cancellation of the corresponding deeds of
conveyances; The Demand Letter dated March 31, 2014
addressed to Defendant Gitalan together with its Registry
Receipt numbered RD 032 457 171 ZZ are attached as Annexes
S and S-1, respectively;
19. That on March 31, 2014, Plaintiff also sent a letter against
Defendant Ronnie Tantay, demanding the restoration of the title
now registered per TCT No. T-226,568 under the name of the
Plaintiff and the cancellation of the corresponding deeds of
conveyances; The Demand Letter dated March 31, 2014,
together with its Registry Receipt numbered RD 032 457 145
ZZ are attached as Annexes T and T-1, respectively;
20. That on March 31, 2014, Plaintiff also sent a letter against
Defendant Maria Tantay, demanding the restoration of the title
now registered per TCT No. T-226,339 under the name of the
Plaintiff and the cancellation of the corresponding deeds of
conveyances; The Demand Letter dated March 31, 2014
addressed to Defendant Maria Tantay together with its Registry
Receipt numbered RD 032 457 137 ZZ are attached as Annexes
U and U-1, respectively;
21. That on March 31, 2014, Plaintiff also sent a letter against
Defendant Sumayang, demanding the restoration of the title
now registered per TCT No. T-226,341 under the name of the
Plaintiff and the cancellation of the corresponding deeds of
conveyances; The Demand Letter dated March 31, 2014
addressed to Defendant Sumayang together with its Registry
Receipt numbered RD 032 457 168 ZZ are attached as Annexes
V and V-1, respectively;
22. That on March 31, 2014, Plaintiff also sent a letter against
Defendant Francisco, demanding the restoration of the title now
registered per TCT No. T-226,340 under the name of the
Plaintiff and the cancellation of the corresponding deeds of
conveyances; The Demand Letter dated March 31, 2014
addressed to Defendant Francisco together with its Registry
Receipt numbered RD 032 457 185 ZZ are attached as Annexes
W and W-1, respectively;
32. That the refusal of Defendants to restore back the titles of the
lot in favor of Plaintiffs, the cancellation of the deeds of
conveyances, partition and real estate mortgage and the
payment of damages, give rise to a cause of action for which
the Plaintiff may seek judicial recourse;
PRAY E R
b. Declaring the Deed of Absolute Sale dated July 26, 2010, other
corresponding Deeds of Conveyances, Partition Agreement and Loan
and Mortgage Agreement null and void and ordering Defendants to
cause their cancellation;
Plaintiffs pray for such other reliefs as may be just and equitable
under the premises.
By:
MARIA FE C. GAUGANO
PTR No. 789752-01/02/14 Zamboanga City
IBP No. 896570-01/02/14 Zamboanga City
Roll No. 53057-04/26/07
MCLE Compliance No. IV-0015086-04/01/2013