REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT FOURTH JUDICIAL REGION BRANCH XII, PUERTO PRINCESA CITY

BENITO, JUAN, PEDRO and SANTIAGO, all surnamed MUSSOLINI, legal heirs of the late MARCOS MUSSOLINI, Plaintiffs,

-versus-

Civil Case No. ____________ For: Annulment of Contract and Recovery of Ownership

NAGASAKI HIROSHIMA, Defendant. X-----------------------------------------------------------------------------X

COMPLAINT
Come now, the plaintiffs, and unto this Honorable Court, most respectfully aver: 1. That plaintiffs are all of legal age, married, Filipino citizens, with postal address at No. 166 Santan St., Sampaloc, Manila;

2. That defendant, Mr. Nagasaki Hiroshima, is of legal age, Filipino citizen, with postal address at 1222 Castro St., Brgy. Silangan, Puerto Princesa, Palawan, where he may be served with summons and other processes of this Honorable Court.
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3. That the subject parcel of land situated in Brgy. Silangan, Puerto Princesa, Palawan was owned and possessed by the late Marcos Mussolini, father of herein plaintiffs, as evidenced by Tax Declaration Certificate issued by the City Assessors Office of Puerto Princesa, Palawan. A copy of Declaration Certificate is hereby attached as Annex A; 4. That the said parcel of land is being occupied by the defendant, under a simulated claim of ownership, without any legal or equitable right to do so to the damage and prejudice of the plaintiffs, the legal heirs of the late Marcos Mussolini; 5. That the alleged claim of ownership by the defendant, predicated on an Absolute Deed of Sale executed by the plaintiffs late father without the mandatory spousal consent, has no legal leg to stand on. A copy of the alleged Absolute Deed of Sale is attached hereto as Annex B; 6. That despite repeated demands orally and in writing, defendant refused and continuously failing to vacate the said premises; 7. That plaintiffs, after three unsuccessful attempts to settle the matter with the Barangay Lupon, have secured a certificate from said tribunal to file an action in Court. The certificate is attached hereto as Annex C; and 8. That as a result of the unwarranted and unjustifiable refusal of the defendant to vacate the aforesaid premises/parcel of land, plaintiffs suffered sleepless nights and serious anxiety in which they should be awarded the amount of One Hundred Thousand Pesos, in Philippine currency (PHP 100, 000.00), as moral damages, and to set an example to the public, plaintiffs should be awarded exemplary damages in the amount of One Hundred Thousand Pesos, in Philippine currency (PHP 100, 000.00). Tax

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PRAYER WHEREFORE, premises considered, it is most respectfully prayed, unto this Honorable Court that, after hearing, judgment be rendered as follows:. 1. declaring the Absolute Deed of Sale executed by the late Marcos

Mussolini in favor of the defendant null and void for being contrary to law; 2. 3. declaring the plaintiffs as equitable owners of the subject property; ordering the defendant, and all persons claiming right under him, to

vacate the subject premises/land; 4. ordering the defendant to pay the plaintiffs the amount of One

Hundred Thousand Pesos, (PHP 100,000.00), in Philippine currency, by way of moral damages; 5. ordering the defendant to pay the plaintiffs the amount of One

Hundred Thousand Pesos, (PHP 100,000.00), in Philippine currency, by way of exemplary damages; and 6. ordering defendant to pay attorneys fee and the costs of suit. Other remedies just and equitable under the premises are likewise prayed for. Manila for the City of Puerto Princesa, February 3, 2012.

Atty. Arvin T. Calara Counsel for the Plaintiffs PTR NO. 1569/1-15-11, Mla. IBP No.282828/6-18-08/ Mla. MCLE Compliance No. 456963 Roll No. 9876 Office Address:159 Prudencio St., Sta. Mesa, Manila, E-mail: arvin90f@yahoo.com Mobile No.: 09273343452
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VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

We, Benito, Juan, Pedro and Santiago, all surnamed Mussolini, of legal ages, all married, and residing at No. 166 Santan St., Sampaloc, Manila , under oath, hereby depose and state that: 1. We are the plaintiffs in the instant Complaint for Recovery of

Ownership (accion reivindicatoria); 2. 3. We have caused the preparation of the foregoing Complaint; We have read the contents thereof, and that the same are true and

correct of our own personal knowledge and based on authentic records; and 4. We hereby certify that we have not filed nor have any knowledge of

the filing of a similar action before the Supreme Court, Court of Appeals or another tribunal or agency of the government, and if ever it comes to our knowledge that a similar case has been filed before any of the foregoing, we undertake to inform this Honorable Court of such facts within five (5) days therefrom. IN WITNESS WHEREOF, We have hereunto affixed our signatures this 3rd day of February 2012 in Manila, Philippines.

Benito Mussolini Affiant

Juan Mussolini Affiant

Pedro Mussolini Affiant

Santiago Mussolini Affiant

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SUBSCRIBED AND SWORN to before me, a notary public for the City of Manila, this 3rd day of February 2012, the affiants exhibiting to me the following, to wit: Name Proof of Identity Place and Date of Issue Benito Mussolini Juan Mussolini Pedro Mussolini Santiago Mussolini S.S.S. I.D. 33-1816977-1 Drivers Licence No. 23467 T.I.N. I.D. No. 990526 P.R.C. I.D. No. 77889002 S.S.S/12-16-1989 L.T.O./02-11-2009 B.I.R./11-17-2006 P.R.C./07-17-2003

JUANCHO H. DELA CRUZ NOTARY PUBLIC - Manila Appointment No. 05271 Until December 31, 2012 Roll of Attorneys No. 94032 PTR No. 0526/1-10-12/Manila IBP No. 89052/6-11-99/Manila MCLE Compliance No. 880022 Office Adress: 11 Roces St., Sampaloc, Manila E-mail: jhc1111@yahoo.com Contact No. 555-1122

Doc. No. 21 Page No. 11 Book No. 2 Series of 2012.

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