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Complaint: Preliminary Statement

This document is a complaint filed in a civil case in the Regional Trial Court in General Santos City. The complaint is filed by the heirs of Juan Dela Cruz, represented by their attorney-in-fact Anton Diva, against the heirs of Cardo Dalisay. The complaint seeks to quiet title over a property originally owned by Juan Dela Cruz but which was mistakenly titled under Cardo Dalisay's name. It alleges that Juan Dela Cruz and his heirs have continuously occupied and paid taxes on the property. It further alleges that the heirs of Cardo Dalisay have admitted in an affidavit that the property rightfully belongs to the heirs of Juan Dela Cruz. The complaint prays that the court declare

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Trisha Ace Betita Elises
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409 views

Complaint: Preliminary Statement

This document is a complaint filed in a civil case in the Regional Trial Court in General Santos City. The complaint is filed by the heirs of Juan Dela Cruz, represented by their attorney-in-fact Anton Diva, against the heirs of Cardo Dalisay. The complaint seeks to quiet title over a property originally owned by Juan Dela Cruz but which was mistakenly titled under Cardo Dalisay's name. It alleges that Juan Dela Cruz and his heirs have continuously occupied and paid taxes on the property. It further alleges that the heirs of Cardo Dalisay have admitted in an affidavit that the property rightfully belongs to the heirs of Juan Dela Cruz. The complaint prays that the court declare

Uploaded by

Trisha Ace Betita Elises
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines.

__ Judicial Region
Regional Trial Court
Branch _
General Santos City

THE HEIRS OF JUAN DELA CRUZ, CIVIL CASE NO. __________


Represented By the Atty-in-fact,
ANTON DIVA
Plaintiff, -for-

Versus

THE HEIRS OF CARDO DALISAY, QUIETING OF TITLE &


namely: ALYANA DALISAY, CANCELLATION OF TITLE
JUN DALISAY & INDAY DALISAY;
REGISTER OF DEEDS, GENERAL
SANTOS CITY
Defendant.
X--------------------------------------------X

COMPLAINT
COMES NOW, Plaintiff, through Counsel unto this Honorable Court,
most respectfully alleges:
1. That plaintiff are all surviving heirs of Juan Dela Cruz. They are being
represented by their attorney-in-fact, Anton Diva, of legal, Filipino, with
residence and postal address at Barangay Mabuhay, General Santos City, a copy
of his Special Attorney is herein attached as ANNEX “A”. He may be served
with pleadings, processes, documents and other pertinent papers of this
Honorable Court at Elises-Kapunan Law Office, J & J Building, Unit 1, Purok
Malakas, Barangay San Isidro, General Santos City;
2. That the defendants Alyana Dalisay, Jun Dalisay, and Inday Dalisay,
collectively known as the Heirs of Cardo Dalisay, all of legal, Filipinos and
residents of Purok Dimamatay, Barangay Mabuhay, General Santos City where
they may be served with summons and other legal processes of this Honorable
Court;
PRELIMINARY STATEMENT:
3. That sometime in July 1, 1950, the late Camela Dela Torre executed a
certification that she ceded Lot No. 1-A and Lot No. 1-B in favor of the
plaintiff’s predecessor, Juan Dela Cruz. This is confirmed by the Heirs of the
late Camela Dela Torre in a Joint Judicial Affidavit of Affirmation of sale herein
attached as ANNEX “B”;
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4. From then on Juan Dela Cruz and his children occupied and tilled both
parcels of land and from 1965 onwards started paying taxes on the said
properties. Copies of the Receipts are herein attached as ANNEX “C” and they
have been in open, public, continuous and exclusive ownership of the subject
property as Certified by the Office of the Barangay of Mabuhay where the
property is situated herein attached as ANNEX “D”;
5. That unknown to Juan Dela Cruz, Lot No. 1-A was included, intentionally or
not, to the application of the late Cardo Dalisay and thus Original Certificate of
Title No. 001 was issued under his name. The Authenticated copy of Original
Certificate of Title No. 001 is herein attached as ANNEX “E”;
6. that the late Cardo Dalisay, knowing fully that the said parcel of land
registered under his name is not his, has surrendered the title to Juan Dela Cruz.
The two familes lived peacefully until both Juan Dela Cruz and Cardo Daliday
Died;
7. That upon the death of Mr. Dalisay and Mr. Dela Cruz, the latter’s heirs
began to worry that althought they are in the possession of both the land and its
title, the fact remains that the land title is still under the name of the late
CARLO DALISAY;
8. That the Heirs of Juan Dela Cruz sought out the surviving heirs of the late
Cardo Dalisay and the latter executed a joint affidavit admitting and stating that
the parcel of land covered by Original Certificate of Title No. 001 in the name of
Cardo Dalisay is actually owned by the Heirs of Juan Dela Cruz and they are the
ones actually occupying, cultivating, developed and improved the said area. A
copy of Joint Affidavit of the surviving heirs of the late Cardo Daliday is herein
attached as ANNEX “F”;
9. That the heirs of Juan Dela Cruz sought out the advice of a lawyer as to how
to transfer the registration of the property under their names. The counsel made
an invitation to the Heirs of Cardo Dalisay so they may execute the necessary
documents but the Heirs of Cardo Dalisay no longer wants to cooperate. A copy
of the invitation letter dated March 1, 2018 is hereto attached as ANNEX “G”.
The property has an assessed value of FIFTY THOUSAND PESOS
(P50,000.00) as per Tax Declaration herein attached as ANNEX “H”;
10. QUITING OF TITLE: The issuance of Original Certificate of Title No. 001
is a cloud on the equitable title of herein Plaintiff because on its face, the title is
apparently valid or effective but is in truth and in fact invalid, ineefctive,
voidable or unenforceable and is prejudicial to the title of the plaintiff.
11. CANCELLATION OF TITLE. While it is true that the real purpose of the
Torrens System is to quiet t land and to stop forever any question as to its
legality. And thus an indirect or collateral attack on the Torrens Title is not
allowed. The only exception to this rule is where a person obtains a certificate of
title to aland belonging to another and he has full knowledge of the rights of the
true owner. He is then considered guilty of fraud and he may be compelled to

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transfer the land to the defrauded owner so long as the property has not passed
to the hands of innocent purchaser for value.
12. Now that the registered owner has died and his heirs refused to cooperate,
the Plaintiff had no choice but to file the instant complaint before the Honorable
Court to have the title of the property transferred under their names.

PRAYER
WHEREFORE, premises considered it is most respectfully prayed that
the Honorable Court:
1. Declare herein plaintiff as the rightful owner of the property covered by
Original Certificate of Title No. 001;
2. Order the Register of Deeds to cancel Original Certificate of Title No. 001 in
the name of Cardo Dalisay; and
3. Ordering the defendants to pay plaintiff the sum of Sixty Thousand Pesos
(P60, 000.00) by way of acceptance fee and Two Thousand Pesos (P2,000.00)
per appearance as well as cost of the litigation.
Plaintiff prays for such other equitable remedies as this Honorable Court may
deem just and reasonable under the premises.
RESPECTFULLY SUBMITTED
General Santos City, Philippines, September 11, 2019

TRISHA ACE B. ELISES-KAPUNAN


Counsel for the Plaintiff

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REPUBLIC OF THE PHILIPPINE)
CITY OF GENERAL SANTOS)S.S

VERIFICATION CERTIFICATION OF NON-FORUM SHOPPING

I, Anton Diva, of legal age, Filipino, married and a resident at Barangay


Mabuhay, General Santos City after first being duty sworn to in
accordance to law deposeth and sayeth:

1. That I am the attorney-in-fact of the Plaintiff in the above-entitled case;


2. That I have caused the preparation and filling of the foregoing
Complaint;
3. That I have read and understood all the contents therein stated:
4. That all the allegations contained therein are true and correct to the best
of my knowledge and belief, and
5. I have not commenced any other action, involving the same parties,
subject matter, and issues before the Supreme Court, Court of Appeals or
any other division thereof, and/or in any court and that to the best of our
knowledge no such action or proceeding is pending before the said
tribunal agency. Should we learn that a similar action or proceeding has
been earlier filed before any tribunal or agency, we shall notify this
Honorable court of such fact within 5 days from notice.

IN WITNESS WHEREOF, I have hereunto set my hands this 11 th


day of September, 2019 at General Santos City, Philippines.

ANTON DIVA
Affiant
th
Subscribed and sworn to before me this 11 day of September 2019
at General Santos City. Affiant exhibited to me his TIN No. 000-111-222.

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