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Republic of the Philippines

MUNICIPAL TRIAL COURT
Ninth Judicial Region
Branch ___
Zamboanga City

CRISENCIO S. ARCILLAS, Civil Case

No. _____
AS REPRESENTED BY
CRISBERT Z. ARCILLAS,
Plaintiff,

-versus-
-for-

JOSELITO LABACANACRUZ, ANNULMENT OF

EXTRAJUDICIAL
AICEL LABACANACRUZ & SETTLEMENT OF ESTATE WITH
ESTRELLAS DE ZAMBOANGA SALE AND DELIVERY OF
INC. AS REPRESENTED BY PORTION OF LOT WITH
DAMAGES
WALID A. ABUBAKAR
Defendants.
x-------------------------------------------------------x

COMPLAINT
COMES NOW, the Plaintiff, through undersigned
counsel and unto this Honorable Court most
respectfully states:

1. That Plaintiff is of legal age, married,

Filipino and a resident of Manicahan,
Zamboanga City where he may be served
with summons and processes of this
Honorable Court;

2. That Plaintiff is herein represented by his

son, CRISBERT Z. ARCILLAS who is
equipped with Special Power of Attorney to
file the necessary complaint for civil and
criminal cases against herein Defendants, a
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copy of the Special Power of Attorney is

hereto attached as Annex A ;

3. That Defendants JOSELITO

LABACANACRUZ and AICEL
LABACANACRUZ are of legal age,
Filipinos, and residents of Purok Red
Butterfly, Manicahan, Zamboanga City
where they may be served with summons
and processes of this Honorable Court;

4. That Estrellas De Zamboanga, Inc., a legal

entity existing under Philippine laws
herein represented by WALID A.
ABUBAKAR of legal age, married, Filipino
citizen and a resident of Suterville, San
Jose Gusu, Zamboanga City, Philippines
where it may be served with summons and
processes of this Honorable Court;

5. That Defendants are the children of

deceased MANUEL SINILIGAN LABANACA
CRUZ as evidenced by their Certificates of
Baptism hereto attached as Annexes B
and C;

6. That the subject of this Complaint is one

parcel of land covered by Transfer
Certificate of Title No. T-172-103 (now
cancelled) registered in the name of
deceased MANUEL SINILIGAN LABACANA
CRUZ of the Register of Deeds of
Zamboanga City, a copy of said title is
hereto attached as Annex D, more
particularly described as follows:

A parcel of land (Lot 907-E) of the

subd. plan Psd-09-030411, being a
portion of Lot 907, Cad. 124,
situated in the Barangay of
Manicahan, City of Zamboanga,
containing an area of 12,256 square
meters, more or less

7. That a portion containing TWO

THOUSAND (2,000) square meters of
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the subject property was bought from

herein Defendants by Plaintiff;

8. That Defendants received payments from

Plaintiff for the purchased of the portion of
the subject lot. The following as proof of
payment:

A. Acknowledgement Receipt dated

August 27,2013 in the amount of
Thirty Five Thousand Pesos
(P35,000.00) for the 500 square
meters lot signed by co-Defendant
Joselito Labacanacruz marked as
Annex E the same receipt
likewise show that he further
received Four Thousand
(P4,000.00), Fourteen Thousand
(P14,000.00) and Seventeen
Thousand (P17,00.000) on August
28, September 8 and October 7, all
of 2013 respectively;

B. Acknowledgement Receipt dated

August 27,2013 in the amount of
One Hundred Thousand Pesos
(P100,000.00) for the 100 square
meters lot signed by co-Defendant
Aicel Labacanacruz marked as
Annex F;

C. Acknowledgement Receipt dated

May 12, 2015 in the amount of
Twenty Thousand Pesos
(P20,000.00) for the 350 square
meters lot signed by co-Defendant
Joselito Labacanacruz marked as
Annex G;

D. Acknowledgement Receipt dated

February 22, 2016 in the amount
of Seventy Thousand Pesos
(P70,000.00) for the 1,000 square
meters lot signed by co-Defendant
Joselito Labacanacruz marked as
Annex H.
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9. That the total amount received by herein

Defendants from Plaintiff for the purchased
of the portion of the subject lot was Two
Hundred Twenty Five Thousand
(P225,000) Pesos;

10. That Plaintiff later learned that the same

was already sold to herein co-Defendant
ESTRELLAS DE ZAMBOANGA INC. and
discovered the existence of the new TCT
No. 129-2017001997 as well as the
Extrajudicial Settlement with Sale, a copy
of the new TCT and the Extrajudicial
Settlement of Estate with Sale are hereto
attached as Annexes I and J;

11. That based on the Tax Declaration of

Real Property, the total assessed value of
the property was Eighteen Thousand
Two Hundred Twenty Pesos
(P18,220.00), a copy of the Tax
Declaration is hereto attached as Annex
K;

Under BP 129 also known as

"The Judiciary Reorganization
Act of 1980."

Section 33. Jurisdiction of

Metropolitan Trial Courts,
Municipal Trial Courts and
Municipal Circuit Trial Courts
in civil cases. Metropolitan
Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial
Courts shall exercise:

(3) Exclusive original

jurisdiction in all civil actions
which involve title to, or
possession of, real property, or any
interest therein where the
assessed value of the property
or interest therein does not
exceed Twenty thousand pesos
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(P20,000.00) or, in civil actions in

Metro Manila, where such
assessed value does not exceed
Fifty thousand pesos (P50,000.00)
exclusive of interest, damages of
whatever kind, attorney's fees,
litigation expenses and
costs: Provided, That value of such
property shall be determined by
the assessed value of the adjacent
lots. (as amended by R.A. No.
7691)

12. That in order to protect Plaintiffs right

and interest in the subject property, he filed
a Notice of Adverse Claim to the Register
of Deed of Zamboanga City on January 19,
2017 and was registered as an
encumbrance with entry number
2017001937 on March 27, 2017 , a copy of
the Affidavit of Adverse Claim and
Memorandum of Encumbrance are hereto
attached as Annexes L-1 and L-2;

13. That Plaintiff through his Attorney-in-fact

forwarded this matter to the Barangay for
Mediation and Conciliation but no
settlement was agreed upon so the
barangay issued Certificate to File Action, a
copy is hereto attached as Annex M;

14. That even prior to the alleged sale and

transfer of the title to herein Defendant
ESTRELLAS DE ZAMBOANGA INC., the
Plaintiff together with his family were
already residing on the said portion of lot
where a house was built and the same was
known to herein Defendant ESTRELLAS DE
ZAMBOANGA INC. at the time of purchase;

15. That Defendant ESTRELLAS DE

ZAMBOANGA INC. in purchasing the above
described lot notwithstanding knowledge of
the occupation and existence of the house
and Notice of Adverse Claim on the
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Memorandum of Encumbrance appearing

in the TCT makes it a buyer in bad faith;

16. That the act of Defendants JOSELITO

LABACANACRUZ and AICEL
LABACANACRUZ in transferring the
ownership of the property to herein co-
Defendant ESTRELLAS DE ZAMBOANGA
INC. despite payments made by Plaintiff
CRISENCIO ARCILLAS caused the Plaintiff
to seek the services of the undersigned
counsel for which he is bound to pay
P50,000 as acceptance fees and P1,500.00
as appearance fees;

17. That Plaintiff is entitled for the delivery

of the portion of the subject lot containing
an area of TWO THOUSAND (2,000) square
meters and the present title in the name of
herein Defendant ESTRELLAS DE
ZAMBOANGA INC. be cancelled as to the
portion of the lot purchased from herein
Defendants JOSELITO LABACANACRUZ
and AICEL LABACANACRUZ in view of the
unlawful conveyance and eventual transfer
to Defendant ESTRELLAS DE
ZAMBOANGA INC;

18. That Plaintiff suffered among others

wounded feelings, serious anxiety and
mental anguish for the acts done by
Defendants in transferring the ownership
surreptitiously and in bad faith despite that
some portions of the said lot was already
purchased by herein Plaintiff in the amount
of P30,000 as moral damages;

19. That in addition to moral damages,

exemplary damages in the exemplary
damages in the amount of P30,000 as a
way of correction for the public good.
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PRAYER

WHEREFORE, foregoing premises considered, it

is respectfully prayed that judgment be rendered in
favor of Plaintiff and against Defendants, ordering as
follows:

1. To nullify the Extrajudicial Settlement of

Estate with Sale dated December 30, 2016
conveying ownership of the property to
Defendant ESTRELLAS DE ZAMBOANGA
INC. and to nullify TCT No. 129-
2017001997 in the name of Defendant
ESTRELLAS DE ZAMBOANGA as to the
portion containing an area of TWO
THOUSAND (2,000) square meters only
and thereby delivery of the said portion to
herein Plaintiff;
2. To pay moral damages in the amount of
P30,000;
3. To pay exemplary damages in the amount
of P30,000 as a way of correction for the
public good in addition to moral damages;
4. To pay attorneys fees of P50,000 as well as
appearance fees of P1,500 per appearance;
5. To award such other relief and remedies
most just and equitable under the
premises.

RESPECTFULLY SUBMITTED this

_______________ at Zamboanga City, Philippines.

FAUNDO ESGUERRA
And Associates Law Firm
Counsel for Plaintiff
ESQUIRE Centre Building
Tomas Claudio Extension, Zamboanga City
Telefax (062)-990-1722 or 991-6421
Email Address: attyfaundo@gmail.com

By:
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ATTY. BERARDO C. FAUNDO, JR.

Roll No.37073; 5-9-91
IBP No. 10661; 01-10-2017; Zambo. City
PTR No. 1406662; 01-12-2017; Zamboanga City
MCLE Compliance No. V-0002063; 05-13-2014/Z.C.

Copy furnished:
1. JOSELITO LABACANACRUZ and AICEL LABACANACRUZ
Purok Red Butterfly, Manicahan, Zamboanga City

2. ESTRELLAS DE ZAMBOANGA INC. AS REPRESENTED BY

WALID A. ABUBAKAR
Suterville, San Jose Gusu, Zamboanga City