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Republic of the Philippines


11th Judicial Region
Tagum City
Branch 13


Defendant. FEES
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COMES NOW, Plaintiff through the undersigned counsel, unto this

Honorable Court, most respectfully alleges, THAT:

The Parties

1. Plaintiff, of legal age, Filipino, married, and a resident of Makati,

Metro Manila, has the capacity to sue and be sued and may be

served with notices and other court processes through the

undersigned counsel Attorney Jenifer Paglinawan Law Firm , Tagum

City, Davao del Norte;

2. Defendant, of legal age, Filipino, widow, has the capacity to be sued

and to sue, and a resident of Sobrecary Street Phase 4, Sison

Subdivision, Tagum City, where she may be served with summons,

notices and other court processes;

The Cause of Action

3. Plaintiff is the uncle of the defendant’s husband, the late Atty.

Johny Yamas;

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4. Defendant’s husband was the legal counsel of the plaintiff and of

the plaintiff’s entire corporation located at Tagum City, the Tagum

Development Corporation;

5. Sometime in January 17, 2012, plaintiff wanted to purchase a

parcel of land located at Sison Subdivision and covered under TCT

No. T- 111-22 but due to the fact that plaintiff is permanently

residing in Manila, there were some legal inconveniences which

caused delay to the transaction;

6. Defendant’s husband then suggested that in order to expedite the

transaction of purchasing the said parcel of land, the purchase must

be placed under the name of his wife, the herein defendant or

under his name and the same be held in trust for the plaintiff and

under the clear agreement that later on the said land would be

reconveyed to the real owner, the herein plaintiff;

7. Though at first, the plaintiff was reluctant to the said suggestion, he

conceded to the proposal under the assurance of the defendant’s

husband that a Special Power of Attorney would be executed by the

latter and by the defendant in favor of the plaintiff authorizing the

latter to sell the said parcel of land and to receive the proceeds

thereof. Attached as Annex “E” hereof is the Special Power of

Attorney dated January 27, 2012 and made an integral part of this


8. Thus, said transaction was pursued wherein the defendant’s

husband stood as the vendee with the purchase price furnished by

the plaintiff and under the agreement they had previously agreed;

9. On February 02, 2012, the said transaction was registered with the

Registry of Deeds and subsequently the copy of the owner’s

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duplicate copy of title was issued but the same was right away

delivered to the plaintiff and had never been in the possession of

the defendant nor by his husband and the corporation of the

plaintiff from then on took possession of the said parcel of land and

paid all real estate taxes that were due from the time of acquisition

up to the present;

10. TCT No. T-111-22 was later on subdivided into four parcels of

land covered under TCT Nos. 1234, 5678, 4567, and 6789. TCT

Nos. 1234 and 5678 and was conveyed to the plaintiff but the

remaining two were not due to the death of the defendant’s

husband. Attached as Annex “F” hereof is the Death Certificate of

Atty. Timothy Te;

11. On March 06, 2012 another parcel of land located at Sison

Subdivision and covered by OCT No. 1112 was purchased under the

same agreement. Thus, the title was registered to the Atty. Johny

Yamas as the trustee of the plaintiff;

12. The herein defendant who had long been separated from her

husband even before the latter’s death filed a petition for the

issuance of new owner’s duplicate copy of TCT No. T-111-22

alleging that the said duplicate copy is lost on 7 December 2012.

Attached as Annex “A” hereof is the machine copy of the said


13. Plaintiff being the real owner of the said land which is only held

in trust by the defendant and having the possession of the owner’s

duplicate copy of TCT No. T-111-22 since it was issued by the

Registry of Deeds of Davao del Norte, opposed the said petition on

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the ground that the same is not lost. Attached as Annex “G”

hereof is the copy of the said Opposition;

14. Plaintiff is constrained to secure the services of counsel to

enforce and protect his rights and have incurred Php 10,000 for
acceptance fee.


WHEREFORE, PREMISES CONSIDERED, it is most respectfully

prayed that, after hearing, judgment be rendered:

1. Declaring the plaintiff as the lawful owner of TCT No. T-111-22

situated at Sison Subdivision Tagum City, Davao del Norte;

2. Removing all the clouds hovering on the title of the plaintiff

particularly the malicious claim of the Defendant over it;

3. Canceling the titles namely TCT No. 91011 in the name of ANGEL
MAY YAMAS to give way to the processing of the Certificates of
Titles in the name of the plaintiff after he has complied with the
requirement of registration in the Registry of Deeds;

4. Ordering the Defendant to sign whatever necessary documents to

effect transfer of title of the land to the Plaintiff;

5. Ordering the Defendants to pay Plaintiffs attorney’s fees in the

amount of Php 10,000 and expenses of the suit.

Plaintiffs pray for such other relief just and equitable under the

Assisted by:

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Republic of the Philippines)
City of Tagum )s.s.
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V E R I F I C A T I O N/ C E R T I F I C A T I O N

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I, SANTIAGO CUA, of legal age, Filipino, married and a resident of
Paco, Metro Manila, Philippines, after having been duly sworn to in
accordance with law, hereby depose and say:

That I am the Plaintiff in the above-entitled case;

That I have caused the preparation and filing of the same;

That all the facts alleged therein are true and correct on my own
knowledge and belief and authentic records;

That I have not heretofore commenced any other action or proceeding

including the same issues in the Supreme Court, the Court of Appeals, or
any other tribunal or agency;

That no such action or proceeding is pending in the Supreme Court,

the Court of Appeals, or different Division thereof, or any other tribunal or

That if there is such action or proceeding we shall state the status


That should I thereafter learn that a similar action or proceeding has

been filed or is pending before the Supreme Court, the Court of Appeals, or
different Division thereof, or any tribunal or agency, we will undertake to
promptly inform the aforesaid courts and such other tribunal or agency of
that fact within five (5) days therefrom.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

______________________ at ____________________, Philippines.


SUBSRIBED AND SWORN to before me this _______________ at

__________________________, Philippines.

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2012.

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