Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

Branch ___
Tuguegarao City

SPOUSES ERNESTO MARUBENI CIVIL CASE NO. 3068

And JOCELYN MARUBENI,
Plaintiffs,

For: QUIETING OF
TITLE AND RECOVERY
OF OWNERSHIP WITH
DAMAGES
- Versus –

SPOUSES LINO TODA

And PAULA TODA, AND
EDERLINA TUDDAO,
Defendants,

x-------------------------------------x

COMPLAINT

PLAINTIFFS through counsel unto the Honorable Court most

respectfully state that:

1. Plaintiffs are residents of Barangay Centro 8, Tuguegarao City,

where they may be served with summons and other court
processes;

2. Defendants are residents of Lecaros St., Barangay Centro 9,

Tuguegarao City where they may be served with summons and
other court processes;

3. Plaintiffs are the registered owners of a parcel of land consisting of

two hundred four square meters (204 sq.) more of less, situated at
Pengue Ruyu, Tuguegarao City. This land is covered by Transfer
Certificate of Title No. T-107285. The electronic copy of the said
title is hereto attached and made an integral part hereof as ANNEX
“A”;

4. Sometime in the year 2004, plaintiffs were able to obtain a sum of

money as loan from the mother of defendant, EDERLINA TUDDAO
and to secure the same, they delivered to her the Transfer
Certificate of Title No. T-107285. The agreement was oral;
5. This year, plaintiffs offered to return to EDERLINA TUDDAO the
amount they obtained from her so that they can get back their title
but they found out that the title was already cancelled by Transfer
Certificate of Title No. T-155852 in the name of PAULA TODA
married to LINO TODA. The electronic copy of Transfer Certificate
of Title No. T-155852 is hereto attached and made an integral part
hereof as ANNEX “B”;

6. Plaintiffs discovered that defendants forged their signature in a

Deed of Sale allegedly executed before Atty. Gayla Battung;

7. This is the same Deed of Sale that was used in the cancellation of
the title of the plaintiffs and the issuance of Transfer Certificate of
Title No. T-155852 in the name of PAULA TODA married to LINO
TODA. The electronic copy of the Falsified Deed of Sale is hereto
attached and made an integral part hereof as ANNEX “C”. The
forged signature appearing above the printed name of the plaintiffs
is bracketed and marked as ANNEX C-1;

8. Plaintiffs referred the matter to the proper Lupon of Barangay

Centro 9, Tuguegarao City, the residents of the defendant for
possible settlement with them, but defendant PAULA TODA refused
to settle with the plaintiffs;

9. Defendant EDERLINA TUDDAO, the mother of defendant PAULA

TODA however was willing to settle with the plaintiffs as she
admitted that she was the one caused the registration of the land
in the name of her daughter PAULA TODA by falsifying a deed of
sale making it appear that plaintiffs executed the same. A copy of
the excerpt of the proceedings before the barangay is hereto
attached and made an integral part hereof as ANNEX “D” and
series;

10. It is defendant PAULA TODA who refuses the settlement of

the case despite admission by her mother that the certificate she
used in cancelling the Transfer Certificate of Title of the plaintiffs
was falsified. A copy of the excerpt evidencing the refusal of
defendant PAULA TODA is hereto attached and made an integral
part hereof as ANNEX “E”. A copy of the Certification to File Action
is likewise hereto attached and made an integral part hereof as
ANNEX “F”. The assessed value of the property is three thousand
six hundred and seventy pesos (P3, 670). A copy of the Tax
Declaration is hereto attached and made an integral part hereof as
ANNEX “G”;

11. To quiet their title and to remove the cloud to their

ownership, Plaintiffs have a right to demand the cancellation of the
Transfer Certificate of Title No. T-155852, which is a cloud to the
ownership and of title of the plaintiffs, because the plaintiffs did not
execute the Deed of Sale of Registered Land that was used by the
 defendants in cancelling their Transfer Certificate of Title No. T-
107285;

12. Plaintiffs have the right to demand the declaration of the

falsified Deed of Sale of Registered Land which is a cloud to the
ownership of the plaintiffs over the land in suit, that was used by
the defendants in cancelling Transfer Certificate of Title No. T-
107285 VOID because they did not execute any Deed of Sale of
Registered Land in favour of the defendants particularly PAULA
TODA married to LINO TODA;

13. Plaintiffs have the right to demand the revival of their

Transfer Certificate of Title No. T-107285 registered with the
Register of Deeds for the Province of Cagayan because they did not
execute any deed of conveyance in favour of the defendants
particularly PAULA TODA, hence they remain the owners of the
land in suit;

14. Plaintiffs are constrained to file this case in court, and in the
process they hired the services of a lawyer which they agreed to pay
the amount of fifty thousand pesos (P50,000) as attorney’s fees and
two thousand pesos (P2000) as appearance fee;

15. Plaintiffs experienced mental anguish and sleepless nights

brought by the bad faith of the defendants in falsifying a Deed of
Sale of Registered land to cancel Transfer Certificate of Title T-
107285 and to the issuance of Transfer Certificate of Title No. T-
155852.

WHEREFORE premises considered, it is respectfully prayed unto

the Honorable Court to render judgment

1. QUIETING THE TITLE AND OWNERSHIP OF THE PLAINTIFFS

OVER THE IN SUIT BY DECLARING THE FALSIFIED DEED OF
SALE OF REGISTERED LAND THAT WAS USED BY THE
DEFENDANTS IN CANCELLING TRANSFER CERTIFICATE OF
TITLE NO. T-107285

2. QUIETING THE TITLE AND OWNERSHIP OF THE PLAINTIFFS

OVER THE LAND IN SUIT BY DECLARING TRANSFER
CERTIFICATE OF TITLE NO. T-155852 IN THE NAME OF
DEFENDANT PAULA TODA MARRIED TO LINO TODA VOID AB
INITIO;

3. QUIETING THE TITLE AND OWNERSHIP OF THE PLAINTIFFS

OVER THE LAND IN SUIT BY ANNULLING AND/OR CANCELLING
TRANSFER CERTIFICATE OF TITLE NO. T-15582;
 4. QUIETING THE TITLE AND OWNERSHIP OF THE PLAINTIFFS
OVER THE LAND IN SUIT BY ORDERING THE REVIVAL OF
TRANSFER CERTIFICATE OF TITLE NO.T-155852;

5. DECLARING THE PLAINTIFFS THE OWNER OF THE LAND IN

SUIT;

6. ORDERING THE DEFENDANTS TO PAY IN SOLIDUM THE

PLAINTIFFS THE AMOUNT OF FIFTY THOUSAND PESOS (P50,000)
AS MORAL DAMAGES;

7. ORDERING THE DEFENDANTS TO PAY IN SOLIDUM THE

PLAINTIFFS THE AMOUNT OF FIFTY THOUSAND PESOS (P50,000)
AS ATTORNEYS FEE AND TWO THOUSAND PESOS (P2,000) PER
HEARING AS APPEARANCE FEE;

8. ORDERING THE DEFENDANTS TO PAY THE AMOUNT OF TEN

THOUSAND PESOS (P10,000) AS COST OF THIS SUIT.

Other reliefs that are just under the premises are likewise prayed
for.

22 January 2019, Tuguegarao City

Respectfully submitted.

GROUP 1 LAW OFFICE

MCLE No.
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