Republic of the Philippines
PAGE 9
Republic of the the Philippines
REGIONAL TRIAL COURT
7th Judicial Region
Branch 4Cebu City
CHARLES PO, BRUNO PO and DUMBO PO
Plaintiffs,
versus - for -
SPS. JERRY and KARA S. CARREON, SPS. JEROME and INA CARREON,
SPS. LEO and LINDA SYBIL, SPS. GARY and ROSIE G. ARBIOL, And SPS.
BRUNO and SARA MRAZ, Defendants,x
----------------------------------------------------x
C O M P L A I N T
COME NOW, Plaintiffs through their undersigned counsel and to
this Honorable Court, most respectfully allege that:
1.Plaintiff CHARLES PO is of legal age, Filipino citizen,
married to Bok Po, and a resident of Block 9, Lot 10, Villa
Teresita, Mabolo, Cebu City; while Plaintiffs BRUNO PO and DUMBO PO
are likewise of legal age, Filipino citizens, and residents of
Mabolo, Cebu City; represented herein by their brother and
co-plaintiff CHARLES PO, as shown by a Special Power of Attorney
executed in his favor, machine copy of which is hereto attached as
Annex A.
2. Defendants-Spouses JERRY and KARA S. CARREON and JEROME and
INA CARREON are also all of legal age, Filipino citizens, and
residents of Mabolo, Cebu City; Defendants-Spouses LEO and LINDA
SYBIL are likewise of legal age, Filipino citizens and residents of
Mabolo Highway Village, Mabolo, Cebu City; Defendants-Spouses JOE
and ROSIE G. ARBIOL are of legal age, Filipino citizens and
residents of Mabolo, Cebu City; while Defendants-Spouses BRUNO and
SARA are also of legal age, Filipino citizens and residents of
Pilar St., Zone IV, Cebu City, where they may all be served with
summons and other processes of this Honorable Court.
3. Herein Plaintiffs are the grandchildren of the deceased
Spouses CHARLES PO and SUSAN DY, who were among the registered
owners of that certain parcel of land located at Mabolo, Cebu City,
then covered by Transfer Certificate of Title No. RT-454(3423) of
the Registry of Deeds of Cebu City, and more particularly described
as follows: A parcel of land, (Lot 201 of the Cadastral plan of the
Mabolo Extension), together with the improvements existing thereon,
situated in the City of Cebu. Bounded on the NE. by properties of
Vladimir Santos, and Andrea Santos; on the E. and SE. by the Las
Mabolo River; on the SW. by property of Bart Rodriguez, et. al.;
and on NW. by a Calle. Area, thirty one five hundred thirty two
square meters (31,532), more or less.
Machine copy of said Transfer Certificate of Title No.
RT-454(3423) of the Registry of Deeds of Cebu City is hereto
attached as Annex B.
4. Plaintiffs grandfather CHARLES PO died on 20 October 1965,
while his wife and Plaintiffs grandmother SUSAN DY died on 24
October 1956, as shown by their respective Burial Certificates,
machine copies of which are hereto attached as Annexes C and D.
5. The registered owners of the above-described parcels of land
as indicated in the aforesaid title are the brothers and sisters of
CHARLES PO, and with their respective shares thereof are as
follows:
Fil Po, widow 7/10 shares;
Gil Po, married to Felly Po 1/20 shares;
Fil Po, wife of Luis Po 1/20 shares;
Charles Po, married to Susan Dy- 1/20 shares;
Earl Po, married to Julie Bir 1/20 shares;
Marie Po, single 1/20 shares; and
Meriam Po, single 1/20 shares.
6. When Gil Po who owned 1/20 shares of the above-described
parcel of land died, his share was inherited by his children, who
substituted his name in the subsequent title issued upon
extrajudicial settlement of his estate, namely, TCT No. 74345 of
the Registry of Deeds of Cebu City. Thus, the registered owners
then appearing in said title were as follows:Fil Po, widow 7/10
shares;
Heirs of Gil Po, namely: Lei Po, married to Bridget Jones 1/80;
Precy Po, single 1/80 share; Vicky Po , single 1/80 shares; and
Alice Po, single 1/80 shares;
Fil Po, wife of Louie Merdof 1/20 shares; Charles Po, married to
Susan Dy 1/20 shares;
Earl Po, married to Julie Bir 1/20 shares;
Marie Po, single 1/20 shares;
Meriam Po, single 1/20;
Machine copy of TCT No. 74345 of the Registry of Deeds of Cebu
City is hereto attached as Annex E.7. Subsequently, however, title
to the subject lot, namely, TCT No. T-5433 was issued in favor only
of EUMA D. CARREON, by reason of fraud, without the other
registered owners knowledge thereof, indicated therein, including
plaintiffs predecessor-in-interest, Charles Po, who owned 1/20
shares thereof. Machine copy of said TCT No. T-5433 is hereto
attached as Annex F.8. Succeeding transfers of the subject lot to
different persons and subdivisions thereof, caused the issuance of
several titles, until at present, the defendants appear as the
registered owners as follows:
TCT No. T- 583,534- JERRY CARREON, married to Kara Salmonte,
4,543 sq. meters;TCT No. T-101,437 JEROME CARREON, married to Ina
Carreon , 2001 sq. meters;
TCT No. T-206,947 LEO J. SYBIL, married Linda Sybil, 1,342 sq.
meters;
TCT No. T- 150,694 GARY ESPERAT ARBIOL, married to Rosie
Gregorio, 987 sq. meters;
TCT No. T-133,109 SARA YU MRAZ, married to Bruno Mraz, 265 sq.
meters.
Machine copies of the afore-mentioned titles are hereto attached
as Annexes G, H, I, J and K, respectively. 9. In all these
transfers, the 1/20 shares of the plaintiffs which they acquired by
inheritance from the deceased spouses Charles Po and Susan Dy, were
included, thereby depriving herein Plaintiffs of their 1/20 shares
in the subject lot.
10. Having been deprived of their shares in the subject lot,
Plaintiffs filed a complaint against herein Defendants with the
Office of the Lupong Tagapayapa of Mabolo, Cebu City, where the
subject property was located so that they can recover ownership and
possession of the 1/20 share thereof which pertains to them.
However, defendants failed to appear during the conciliation
proceedings therefore, prompting the Pangkat Tagapagkasundo to
issue the corresponding Certificates to File Action against herein
defendants, as shown by machine copies thereof hereto attached as
Annexes L, M and N.
11. The total market value of the property per Tax Declaration
Nos. 050105304300, 050105302817, 050105304316, 050105302838, and
050105300611 is P987,342.20, as shown by machine copies thereof
hereto attached as Annexes O, P, Q, R and S, respectively.12.
Plaintiffs claim over the subject parcels of land constitutes only
1/20 shares thereof, or with a total market value of P49,367.1113.
Due to the erroneous and illegal transfer by reason of fraud, the
1/20 shares pertaining to herein Plaintiff to the Defendants,
herein Plaintiffs have already incurred expenses in the total
amount of ONE HUNDRED THOUSAND (P100,000.00) PESOS, Philippine
Currency, in their pursuit of said property and preventing
Defendants from continuously taking possession thereof, for which
said Defendants should be jointly and severally held liable to
Plaintiffs in the aforesaid sum of P100,000.00 by way of actual
and/or compensatory damages.
14. Defendants have been illegally detaining or withholding in
their possession the 1/20 undivided share of the Plaintiffs over
the subject property, thereby depriving Plaintiffs of their
ownership and possession of the said share of the subject property.
Defendants must turn over possession and occupation of the said
undivided 1/20 share of the subject property.15. To protect the
rights and interest of the Plaintiffs in the fraudulent and illegal
transfer of their 1/20 share over the subject property to the
Defendants, they were compelled to engage the services of counsel
for which they obliged to pay the sum of FIFTY THOUSAND
(P50,000.00) PESOS, Philippine Currency, by way of Acceptance fee;
P2,000.00 per Appearance, P5,000.00 deposit for legal expenses and
the litigation expenses to be incurred in preparation of the case
and protecting Plaintiffs rights; thereby entitling them to recover
the same jointly and severally from herein Defendants.
P R A Y E R
WHEREFORE, It is respectfully prayed of this Honorable Court
that after due notice and hearing, judgment be rendered as
follows:
1) Ordering Defendants to reconvey to herein Plaintiffs their
1/20 undivided share over the subject property with a total market
value of P49,367.11, which was erroneously and illegally
transferred in their favor;2) Ordering the cancellation of TCT Nos.
T-206,581, T-101,437, T-206,947, T-150,694, and T-133,109 of the
Registry of Deeds of Cebu City, so as to reflect the 1/20 undivided
shares of herein Plaintiffs;3) Ordering Defendants to turn over
possession and occupation of the 1/20 undivided share over the
subject property, to herein Plaintiffs;
4) Ordering Defendants to pay to Plaintiffs, jointly and
severally, the aforesaid sum of ONE HUNDRED THOUSAND (P100,000.00)
PESOS, Philippine Currency, by way of actual and/or compensatory
damages.
5) Ordering Defendants to pay to Plaintiffs, jointly and
severally the sum of FIFTY THOUSAND (P50,000.00) PESOS, Philippine
Currency, by way of Acceptance fee;P2,000.00 per Appearance,
P5,000.00 deposit for legal expenses.
6) Ordering Defendants to pay to Plaintiffs, jointly and
severally litigation expenses incurred by Plaintiffs and costs of
this suit.
Plaintiffs prays for such other reliefs as may be just and
equitable in the premises.
City of Cebu, Philippines, 27th of June 2015.
ATTY. YUNIKO OBSIOMA Counsel for Plaintiffs
VERIFICATION AND CERTIFICATION
REPUBLIC OF THE PHILIPPINES )
CITY OF CEBU ) S.S.
I, Charles Po, Filipino, of legal age residing at Unit D1, Ponce
Building, Mabolo, Cebu City, after being sworn to in accordance
with law, deposes and says that:
1. I am the Plaintiff in the above-entitled case;
2. The facts stated in the above complaint are true and correct
to the best of my knowledge and authentic records;
3. I have not commenced any action or filed any claim involving
the same issues in any court, tribunal, or quasi-judicial agency
and, to the best of my knowledge, no suck other action or claim is
pending in them; and
4. If I should learn that the same or similar action or claim
has been filed or is pending after its filing, I shall report that
fact within five(5) days from notice to the court or where the
comlplaint or initiatory pleading has been filed.
Done in Cebu City, Philippines, June 27th, 2015.
Charles Po
Affiant
SUBSCRIBED and sworn to before me, this 27th day of June 2015,
in the City of Cebu by Charles Po with Passport No. 123456 issued
on September 16, 2014 at the Pasay City.
ATTY. YDREL OBSIOMA
Doc. No.____
NOTARY PUBLIC
Page No.____
Commission Serial No. 23456
Book No.____
Until December 31, 2015
Series of 2015
Roll of Attorney 50032
IBP No. 23418/2/13/2013/Cebu
PTR No. 09876/2/01/2015/Cebu
Civil Case No. 42345
RECONVEYANCE AND/OR RECOVERY OF OWNERSHIP AND POSSESSION,
CANCELATION OF TITLE, AND DAMAGES
