REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

Zamboanga City, Ninth Judicial region
Branch ______

TIMOTHY MOTORS, INC.,

Represented by its President
REY C. CHEONG,
Plaintiffs, Miscellaneous ______________

-versus- For: Removal of Cloud from Title

TIAN CHIONG,
Defendant.
x-------------------------------------------------x

COMPLAINT

PLAINTIFFS, through counsel, respectfully state:

1. Plaintiff Timothy Motors Inc. is a corporation existing under the laws

of the Philippines and represented by its president REY C. CHEONG, of legal
age, Filipino married with office address at Timothy Motors Inc. Sampaguita
Road, Guiwan, Zamboanga City. Attached hereto as Annex “A” the
Secretary’s Certificate of Board Resolution authorizing Rey Cheong to file
this case.

2. The defendant Tian Chiong is an unknown person or unknown entity

during the pre-war with unknown identity, successor and address, the
existence or non-existence of which is also unknown, which is herein sued
pursuant to Rule 3 Section 14 of the Rules of Court;

3. Plaintiff is the absolute registered owner and possessor of a parcel of

land coverage by T.C.T. No. T-129-2013002674 of the Registry of Deeds for
Zamboanga City, located at Mercedes, Zamboanga City with its latest
assessed value of _____________ per TD No. ___________________, dated
___________________, and described as:

“Transfer Certificate of Title No. T-129-2013002674”

A parcel of land (Lot 126-A) of the subdivision plan Psd-09-070013,

being a portion of Lot 126, Cad. 18, Mercedes Extension Cad situated in the
Barrio of Mercedes, City of Zamboanga containing an area of THIRTY
THOUSAND SIX HUNDRED SEVENTY TWO (30,672) square meters.

Copy of the title is hereto attached as Annex B;

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4. In plaintiffs said title, T.C.T. No. T-129-2013002674, an encumbrance
appears which reads, to wit:

“Entry No. 5851 – 2.A Hipoteca A Fovor de Tian Chiong – De Todos

Los Derechos E Enteresesque Tiene Ramon Araneta En La Finca Del
Presente Certificado Y En Otra Mas Descrita En El Documento Por
PHP 1.190.00, Pagaderos Dentro Del Plazo De Un Ano A Contar
Desde La Fecha Del Instrumento, Sin Ningun Interes. Las Demas
Condiciones Constan En El Contrato
Fecha del instrument – 1930 Enero 14
Fecha de la inscripcion – 1948 Oct. 29, A La 1:20 P.M.”

Which encumbrance was copied from the previous cancelled title, T.C.T. No.
T-110,981, Reg. Book No. 573, page 140 per annotation in plaintiffs said
title;

5. The afore-quoted encumbrance as carried on and entered in plaintiffs title,

was a mortgage in favor of defendant for the amount of P1,500.00 dated
August 12, 1929 and inscribed in the Registry of Deeds for Zamboanga
City on October 29, 1948 or was created at the instance of defendant for
about Seventy (70) years ago without any foreclosure proceedings or
public auction sale or any action done thereon;

6. Therefore, the afore-quoted encumbrance has become invalid, ineffective

and unenforceable by the lapse of the 10 years prescriptive period that
without removing or cancelling the same, it would be prejudicial to
plaintiffs’ said title. Whatever right under mortgage and its annotation
under Entry No. 6116 on T.C.T. No. T-129-2013002674 has been
extinguished, barred by laches and prescription and of no force and effect
upon the lapse of the 10 year prescriptive period, for as held:

“The Statute of limitations has been enacted, which provides that such
rights prescribe after a certain period of time, in order that it may serve
alike as a punishment for those who do not know how to look after
their own interest and as a source of reassurance to those who may have
rested in the belief that their creditors have waived their rights, and also
to insure economic stability and the certainty of rights” (Villareal J. in
Lutero vs Siuliong & Co., 54 Phil. 272, 280, as quoted in Eduardo
Jalandoni et al vs. Philippine National Bank and Court of First Instance
of Negros Occidental, En Banc, G.R. No. L-47579 October 9, 1981);

7. Plaintiffs have no way to request or negotiate with defendant for the

removal of said annotation as defendant is unknown, with unknown
existence, address and unknown successor.

PRAYER

WHEREFORE, in view of the foregoing premises, it is respectfully

prayed before this Honorable Court that judgment be rendered against
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defendant declaring the encumbrance in question in plaintiffs’ T.C.T. No. T-
129,2013002674 of the Registry of Deeds for Zamboanga City as invalid and
ineffective and ordering its removal or cancellation.

Other reliefs are prayed for under the premises.

____________________, in Zamboanga City, Philippines.

VICTORIANO T. CHIONG, JR.

Counsel for the Plaintiffs
Chiong Law Office
rd
2 Flr., Lavina Hotel, Gov. Alvarez St.
Zamboanga City; Tel. No. (062) 991-7808
PTR No.1623858, 01-05-18, ZC
IBP No. 8743; 6/7/17; ZC;
Roll of Attorney. 42202
MCLE Compliance No.V-0002654 04/15/16 until 04/14/2019