quieting of title.doc
TRANSCRIPT
8/9/2019 Quieting of Title.doc
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Republic of the Philippines
REGIONAL TRIAL COURT
11th Judicial Region
Makati CityBranch 13
JEFFREY LOVERANES, CIVIL CASE NO. 2645
Plaintiff,
FOR: QUIETING OF
TITLE
-versus- AND/OR RECOVERY OF
OWNERSHIP,CANCELLATION
OF CERTIFICATES OF
TITLES,
ANAKARENINA ROQUE, DAMAGES AND
ATTORNEY’S
Defendant. FEES
x- - - - - - - - - - - - - - - - - - - - - -x
COMPLAINT FOR QUIETING OF TITLE
COMES NOW, Plaintiff through the undersigned counsel, unto this
Honorable Court, most respectfully alleges, THAT:
The Parties
1. Plaintiff, of legal age, Filipino, single, 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;
2. Defendant, of legal age, Filipina, widow, has the capacity to be
sued and to sue, and a resident of Brgy. Poblacion, Makati City,
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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.
Roberto Palomo;
4. Defendant’s husband was the legal counsel of the plaintiff and of
the plaintiff’s entire corporation located at Marikina City, the
Cloud Development Corporation;
5. Sometime in October 17, 2014, plaintiff wanted to purchase a
parcel of land located at Sunset Subdivision and covered under
TCT No. T- 111-22 but due to the fact that plaintiff is permanently
residing in Davao, 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
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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.
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
the ground that the same is not lost.
13. Plaintiff is constrained to secure the services of counsel to enforce
and protect his rights and have incurred Php 10,000 for acceptance
fee.
PRAYER
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 Sunset Subdivision Makati City, Metro Manila;
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
MARTINA MAE PALOMO 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;
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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
premises.
Makati City, 3 December 2014.
______________________
JEFFREY LOVERANES
Plaintiff
FELICIANO & FELICIANO
Counsel for the Plaintiff
Unit 1916 Joya South Tower
Joya Drive, Makati City
Tel. No. (632) 897-8770
Telefax. (632) 896-2116
Email: [email protected]
By:
MERCEDES C. FELICIANO
IBP No. 9139238 01-08-14/Makati City
PTR No. 913458/01-08-14/Makati CityRoll of Attorneys No. 51313
MCLE Com. No. IV-002248413/06-17-14
Copy furnished:
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DUQUE & CANLAS
Counsel for the Defendant
Unit 1234 Laurel Building
Sampaloc, Manila
Republic of the Philippines)
City of Makati ) 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
I, JEFFREY LOVERANES, of legal age, Filipino, single and a
resident of Makati, 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
agency;
That if there is such action or proceeding we shall state the status
thereof;
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.
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______________________
JEFFREY LOVERANES
Affiant
SUBSRIBED AND SWORN to before me this _______________ at
__________________________, Philippines.
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of 2014.
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