REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURT

7TH JUDICIAL REGIONTALISAY CITY

Branch _________

HEIRS OF JOSE RAMA namely NELLY N. RAMA and SUSAN RAMA DAMO and HEIR OF GLORIA RAMA OBLENDA, DESIREE OBLENDA LAWAS ,

Plaintiffs,

--- versus --- Civil Case No. ___________DECLARATION OF NULLITY OF EXTRAJUDICIAL SETTLEMENT OF ESTATE, CANCELLATION OF TITLE AND DAMAGES

FELIPE RAMA, HEIRS OF CEFERINO RAMA namely EDITHA SUELA RAMA, MARIA ANTONIA RAMA PATALINGHUG, DENNIS RAMA, SHERWIN RAMA, GERALADINE RAMA and THE REGISTER OF DEEDS OF CEBU PROVINCE

Defendants.x-----------------------------------x

C O M P L A I N T

PLAINTIFFS, through counsels and before the Honorable Court,

most respectfully state that:

THE PARTIES

1) Plaintiff Nelly Nolasco Rama (Rama for brevity) is of legal age,

single, Filipino and with residence and postal address at Kalubihan Colon

St., Cebu City. Said plaintiff is one of the heirs of the late Jose Rama1;

2) Plaintiff Susan Rama-Damo (Damo for brevity) is of legal age,

married to Crisanto Damo, Filipino and with residence and postal address at

Labangon, Cebu City. Said plaintiff is one of the heirs of the late Jose

Rama2. Said plaintiff is known since her childhood as Susan Rama but is

registered in the Civil Registry in the name of Aida Rama. However, she is

using Susan Rama as her name in all her personal effects with a Joint

Affidavit of Two Disinterested Persons attesting the fact that Susan Rama

and Aida Rama is one and the same person3.

3) Plaintiff Desiree Oblenda-Lawas, (Lawas for brevity) is of legal

age, married to Steve Lawas, Filipino and with residence and postal address

at Talisay City, Cebu. Said plaintiff is one of the heirs of the late Gloria

Rama Oblenda 4; and

4) Defendant Felipe Rama (defendant Felipe for brevity) is of legal

age, married to Justina Vaño, Filipino with postal address at Jesus Banos St.,

Pook Occidental, Tubigon, Bohol where he may be served with summons

and other processes of this Honorable Court.

5) Defendant Editha Suela Rama is the surviving spouse of Ceferino

Rama, Filipino, of legal age with postal address at 816 Canizarez

St.,Dumlog, Talisay City, Cebu, where she may be served with summons

and other processes of this Honorable Court.

1 Attached and marked as Annex “A” is a copy of the Certificate of Live Birth of Nelly Rama.2 Attached and marked as Annex “B” is a copy of the Certificate of Live Birth of Aida Rama Damo.3 Attached and marked as Annex “C” is a copy of a Joint Affidavit of Two Disinterested Persons attesting to the fact that Aida Rama Damo and Susan Rama Damo is one and the same person.4 Attached and marked as Annex “D” is a copy of the Certificate of Live Birth of Desiree Oblenda Lawas.

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6) Defendants Editha Suela Rama, Maria Antonia Rama Patalinghug,

Dennis Rama, Sherwin Rama, and Geraladine Rama are the surviving

childrens of Ceferino Rama, all Filipinos, of legal ages with common postal

address at 816 Canizarez St.,Dumlog, Talisay City, Cebu, where they may

be served with summons and other processes of this Honorable Court.

7) Defendant Register of Deeds of Cebu Province is a government

agency which is the repository of records affecting properties and is tasked

with the registration, cancellation, and transfer of titles thereof. Defendant

Register of Deeds may be served with summons and other processes of this

Honorable Court in the Office of the Registry of Deeds of Cebu Province

located at Department of Agriculture Compound, M. Velez Street, Cebu

City, 6000 Cebu.

THE CAUSE OF ACTION

FOR ANNULMENT OF EXTRAJUDICIAL SETTLEMENT OF

ESTATE, CANCELLATION OF TRANSFER CERTIFICATE OF

TITLE

8) Plaintiffs Rama and Damo are among the six (6) childrens and legal

heirs of deceased spouses Jose Alcordo Rama5 and Beneria Jokom Nolasco.

While plaintiff Lawas is one of the five (5) childrens and legal heirs of the

late Fermin Oblenda and Gloria Rama Oblenda6.

9) Deceased Jose Alcordo Rama and Gloria Rama Oblenda, Jesus

Rama, Bruno Rama, Ceferino Rama and defendant Felipe were the six (6)

siblings of the late Trinidad Rama Auld (Auld for brevity), who died on

February 16,20127, without issue and left a parcel of land covered by a 5 Attached and marked as Annex “E’ is a copy of the Certificate of Death of Jose Alcordo Rama.6 Attached and marked as Annex “F’ is a copy of the Certificate of Death of Gloria Rama Oblenda7 Attached and marked as Annex “G’ is a copy of the Certificate of Death of Trinidad Rama Auld

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Transfer Certificate of Title No. T-151847. This parcel of land has an

aggregate area of 557 square meters and is located in Barangay Dumlog,

Talisay City, Cebu8.

9) Defendant Felipe Rama and deceased Ceferino Rama , during the

lifetime of the latter, caused the extra-judicial settlement of the intestate

estate of their deceased sister Auld on December 16,2013 and registered it

with Cebu Province Registry of Deeds, adjudicating the said estate unto

themselves9 defrauding other legal heirs of their deceased siblings of their

rightful share of the property .

10) It was sometime on July 2013, when the plaintiffs learned that

defendant Felipe and deceased Ceferino who later died in the year 2014, has

caused the preparation of the extra judicial settlement of the estate and were

processing for the Transfer Certificate of Title of the estate of their aunt

Auld. They were deceived by defendant Felipe that deceased Ceferino that

their other siblings and their successors who have already died ahead of

them were no longer entitled to any share of the estate of Auld and only they

(Felipe and Ceferino) are the only surviving heirs of their deceased sibling

Auld. Thus, on July 17, 2013, in order to protect thier rights’ and interest

over the subject property plaintiffs Damo and Lawas filed an Affidavit of

Adverse claim with the Office of the Register of Deeds of Cebu Province10

which was duly annotated in the Transfer Certificate of Title T-151847 in

the name of Trinidad Rama Auld.

11) On account of the Deed of Extrajudicial Settlement of Estate

executed by defendant Felipe and deceased Ceferino Deeds made with false

statements and done without the participation and consent of other legal

8 Attached as Annex “H” is a copy of Transfer Certificate of Title in the name of Trinidad Rama Auld.9 Attached and marked as Annex “I”, “I-1”, “I-2” are the copies of the Extrajudicial Settlement of Estate.10 Attached and marked as Annex “J” is a copy of the Affidavit Adverse Claim.

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heirs of the late Auld, defendant Felipe and deceased Ceferino successfully

caused the cancellation of Auld Transfer Certificate of Title11.

12) Accordingly, a new Transfer Certificate of Title (TCT) No. 102-

201400135112 in the name of defendant Felipe Rama and deceased Ceferino

Rama declared under Tax Declaration No. 0700070889413 with a market

value of Php 545,860.00 and assessed value of Php 43,670.00 was issued.

13) These factual events fraudulently dispossessed the plaintiffs of

their rightful shares in the property left by their deceased Aunt which their

deceased parents were entitled thereto as legal heirs.

THE CAUSE OF ACTION

FOR DAMAGES

14) In order to protect their rights and interest over the parcel of land

covered by Transfer Certificate of Title No. 102-2014001351, plaintiffs were

compelled to litigate and incur expenses thereby entitling them to the award

of attorney’s fees in the amount of Php 40,000.00 and Php 2,500 per

appearance ;

15) Due to the fraudulent acts committed by defendants plaintiffs are

continuously suffering from mental anguish, fright, serious anxiety, moral

shock and similar injuries thereby warranting the individual award of moral

damages in the sum of Php100,000.00, from defendants, in solidum;

16) For the vindication of the rights of plaintiffs over the parcel of

land covered by Transfer Certificate of Title No. 102-2014001351 that was

fraudulently acquired in its entirety by defendants, plaintiffs are entitled to 11 Attached and marked as Annex “K, K-1,K-2,K-3,K-4” are the copies of the cancelled Transfer Certificate of Title of Trinidad Rama Auld.12 Attached and marked as Annex “L, L-1,L-2,” are the copies of the new Transfer Certificate of Title in favor of Felipe Rama and Ceferino Rama.13 Attached and marked as Annex “M” is a copy of the Tax Declaration No. 07000708894.

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receive from defendants, joint and several, nominal damages in the amount

of Php50,000.00 under Articles 2221 and 2222 of the Civil Code;

21) In order to discourage those who are similarly bent from doing

such detestable act of defendants and in order to set an example for the

public good, defendants should be adjudged, solidarily, to pay to plaintiffs

the amount of Php100,000.00 as and for exemplary damages.

THE RELIEFS

WHEREFORE, premises considered, it is most respectfully prayed

from this Honorable Court that, after due notice and hearing, judgment be

rendered as follows:

1) ORDERING the Deed of Extrajudicial Settlement of Estate NULL

and VOID;

2) ORDERING the cancellation of Transfer Certificates of Title Nos.

102-2014001351 for being NULL and VOID;

3) REINSTATING Transfer Certificates of Title No. T-151847;

4) ORDERING DEFENDANTS to convey ownership and possession

of the subject property to plaintiffs subject to a just and equitable partition

thereof by and between all interested parties ;

5) ORDERING defendants to jointly and severally pay plaintiffs:

a) Php 40,000.00, P2,500 per appearance as and for

attorney’s fees;

b) Php100,000.00 as moral damages;

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c) Php50,000.00 as nominal damages;

d) Php100,000.00 as exemplary damages; and

e) Php20,000 as Cost of suit.

Plaintiffs pray for such other reliefs and remedies that are just and

equitable under the premises.

Cebu City, Philippines. September 24, 2015.

RESPECTFULLY SUBMITTED.

LOON CORPUZ PATIÑO AND ASSOCIATES

(Counsel of the Accused)

G/F GMC Plaza Bldg. Legaspi Extension

corner M.J Cuenco St, Cebu City, Philippines

Tel No. (032) 254-0453

By:

JURIL B. PATIÑO

Roll of Attorney No. 63966 April 27,2015

PTR OR No. 707854 5-06-15

IBP OR No. 0997508 4-27-15 Cebu City Chapter

MCLE COMPLIANCE No. Exempt-New Passer

Email add: juril.patino@yahoo.co

HABEAS CORPUZRoll of Attorney No. 62850 May 06,2014

PTR OR No. 599058 January 07,2015 Cebu City

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IBP OR No. 966627 January 7,2015 Cebu City ChapterMCLE COMPLIANCE No. Exempt-New Passer

Email add: writofhabeascorpuz@gmail.com

VERIFICATION AND CERTIFICATIONAGAINST FORUM SHOPPING

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We, Nelly Nolasco Rama, of legal age, single, Filipino and with residence and postal address at Kalubihan Colon St., Cebu City,Susan Rama-Damo,, is of legal age, married, Filipino and with residence and postal address at Labangon, Cebu City, and Desiree Oblenda-Lawas of legal age, married,Filipino and with residence and postal address at Talisay City, Cebu. after being sworn to in accordance with law, do hereby deposes and states :

1. That we are the petitioners in the above-captioned case ;

2. That we have caused the preparation and filing of this case ;

3. That we have read the contents thereof and that the same are true and correct to the best of our personal knowledge or based on authentic records ;

4. That we further states :

a. That we have not theretofore commenced any action of any claim involving the same issues in any court, tribunal, or quasi-judicial agency and to the best of my knowledge, no such other action or claim is pending therein ;

b. If there is such other pending action or claim, a complete statement of the present status thereof ; and

c. If we should thereafter learn that the same or similar action or claim has been filed or is pending, we shall report the fact within five (5) days therefrom to the court wherein our aforesaid complaint or initiatory pleading has been filed.

IN WITNESS WHEREOF, we have hereunto set my hand this ___th

of _________ 2015 at Cebu City, Philippines.

NELLY NOLASCO RAMA

SUSAN RAMA-DAMO

DESIREE OBLENDA-LAWAS Affiants

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SUBSCRIBED AND SWORN to before me this ______________in Cebu City, Philippines, by :

Name : ID No. Place/Date Issued

Nelly Nolasco RamaSusan Rama-Damo Desiree Oblenda-Lawas

who have satisfactorily proven their identity to me through their respective competent evidence of identification who are the same persons who personally signed before me the foregoing Verification and Certification Against Forum Shopping and acknowledge that they executed the same.

Doc. No. _____

Page No. _____

Book No. _____

Series of 2014.

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