REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
National Capital Judicial Region
Branch 46
Manila
JOAQUIN DELA CRUZ,
Plaintiff,
-versus-
CIVIL CASE NO. CC-1234
For: Annulment of Documents
JUANA DELA CRUZ, GABRIEL DELA CRUZ,
LUCAS DELA CRUZ, AND SIMON DELA
CRUZ,
Defendants.
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PRE-TRIAL BRIEF
(for the plaintiff)
COMES NOW PLAINTIFF, JOAQUIN DELA CRUZ, through counsel, unto this
Honorable Court, most respectfully files this pre-trial brief as follows:
THE PARTIES
1. That plaintiff, Joaquin dela Cruz, of legal age, represented herein by his
counsel, Atty. Andres Sepulveda, with office address at Units 701 and 702,
2738 United Nations Avenue, Malate, Manila, where Mr. dela Cruz may be
served with summons and other processes of this Honorable Court. Mr. dela
Cruz is a resident of Tokyo, Japan.
2. That defendant Juana dela Cruz, plantiff’s mother, and Gabriel dela Cruz, Lucas
dela Cruz, and Simon dela Cruz, plantiff’s brothers, together with plaintiff, are
the heirs of Juan dela Cruz. Defendants are all of legal age, with residence and
post office address at No. 1281 Alfonso Mendoza St., Sampaloc, Manila, where
they may also be served with summons, notices and other processes of this
Honorable Court.
AMICABLE SETTLEMENT OR ALTERNATIVE MODES OF DISPUTE RESOLUTION
Plaintiff is willing to enter into an amicable settlement. Likewise, if applicable,
plaintiff is willing to submit the case to any of the alternative modes of dispute
resolution;
FACTS OF THE CASE
1. The property in question is a 10,000 square meter land covered by Transfer
Certificate of Title (TCT) No. T-20100001234 located in Porac, Pampanga. The
property was bought by Spouses Juan and Juana dela Cruz and registered
under their name in 1980 for planting of crops and has been used as such
since acquisition;
2. Juan dela Cruz died intestate on December 20, 2020 and was survived by
herein plaintiff and defendants. He has no known liabilities and all his heirs are
of legal age;
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3. An Extra-Judicial Settlement of Estate was purported to have been executed
by the heirs on 5 January 2021, and registered with the Registry of Deeds of
the Province of Pampanga on 12 January 2021;
4. The heirs sold the lot to a certain Ana Salcedo for P2 million. The Deed of
Absolute Sale was purported to have been signed by all the heirs and
notarized by Notary Public King Martin on 30 January 2021;
5. TCT No. 2021-00001234 was issued in the name of Ana Salcedo on 15
February 2021;
6. Plaintiff received information about the sale and asked Pablo Hernandez to
secure a copy of the Deed of Absolute Sale from the Registry of Deeds;
7. Plaintiff noted that somebody forged his signature and signed his name in the
Deed of Sale without his knowledge and consent. Plaintiff was in Tokyo, Japan,
on the date he purportedly signed the said Deed of Sale. He hired the
undersigned counsel to investigate for and on his behalf;
8. An inquiry from the plaintiff’s co-heirs revealed that the plaintiff purportedly
issued a Special Power of Attorney (SPA) dated 29 December 2020 authorizing
Juana dela Cruz to sign, on his behalf, any and all documents relating to the
disposition of subject property and notarized by Notary Public King Martin on
the same date. Plaintiff was in Tokyo, Japan, on the date that he purportedly
signed the said SPA and does not recall having signed one.
STATEMENT OF ISSUES
Plaintiff hereby submits the following issue/s for trial and subsequent resolution
of this Honorable Court, viz:
a. Whether or not the Deed of Sale can be annulled considering that plaintiff’s
signature thereon was forged;
b. Whether or not the Special Power of Attorney (SPA) can be annulled
considering that the plaintiff does not recall having executed the same;
c. Whether or not the title of Ana Salcedo should be canceled and the title to
the property revert to the heirs of Juan dela Cruz if the Deed of Sale and/or
SPA will be annulled.
WITNESSES
The witnesses to be presented by the petitioners are as follows, viz:
a. KING MARTIN – Notary Public, to testify on the notarization of the Deed of
Sale and Special Power of Attorney;
b. ANA SALCEDO – Vendee of the property, to testify on the representation of
vendors on consent of all heirs to sell the property.
c. JUANA DELA CRUZ – To testify on her designation as Attorney-in-Fact for
Joaquin dela Cruz.
DOCUMENTARY EXHIBITS
a. Certified copy of TCT No. T-20100001234;
b. Birth Certificate of Plaintiff;
c. Death Certificate of Juan dela Cruz;
d. TCT No. 2021-00001234;
e. Demand letters sent to Defendants Cersei Lannister and Tommen
Baratheon;
APPLICABLE LAWS AND JURISPRUDENCE
a. The pertinent provisions of the Civil Code of the Philippines, particularly,
Articles 428 which states:
“The owner has the right to enjoy and dispose of a thing, without
other limitations than those established by law.
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The owner has also a right of action against the holder and
possessor of the thing in order to recover it.”;
b. And Article 433 of the Civil Code of the Philippines which states:
“Actual Possession under claim of ownership raises a disputable
presumption of ownership. The true owner must resort to judicial process
for the recovery of the property.”;
c. Also, Article 476 which states:
“Whenever there is a cloud on title to real property or any interest
therein, by reason of any instrument, record, claim, encumbrance or
proceeding which is apparently valid or effective but is in truth and in fact
invalid, ineffective, voidable, or unenforceable, and may be prejudicial to
said title, an action may be brought to remove such cloud or to quiet such
title.
An action may also be brought to prevent cloud from being cast
upon title to real property or any interest therein.”
d. Article 477 of the Civil Code of the Philippines which states”
“The plaintiff must have legal or equitable title there to, or interest
in the real property which is the subject-matter of the action. He need not
be in possession of said property.”
e. and other related procedural and substantive laws.
AVAILABLE TRIAL DATES
The undersigned counsel shall make themselves available on the trial dates
agreed by the parties for complete presentation of evidence which must be within a
period from the first day of trial.
SUBMISSION OF JUDICIAL PLEADINGS
Plaintiff would like to submit judicial pleadings which shall constitute the direct
testimony of defendants witnesses subject to the cross-examination by defendants or
their counsel in order to facilitate the early disposition of the instant case.
RESERVATION OF TESTIMONIAL AND DOCUMENTARY EVIDENCE
Plaintiff hereby reserves the right to present additional testimonial and/or
documentary evidence in the course of the trial as they may deem fit and necessary
towards the successful litigation of their causes of action.
MOST RESPECTFULLY SUBMITTED.
2 June 2021, Manila, Philippines.
ATTY. ANDRES SEPULVEDA
Counsel for Plaintiff
SEPULVEDA LAW OFFICE
Units 701 and 702, 2738 United Nations Avenue
Malate, Manila Attorney’s Roll No. 785432
MCLE Compliance No. VI-0015205 / 06 January 2021
PTR No. MLA 9827320 / 06 January 2021/ Manila
IBP No. 136532 / 23 December 2020 / Manila
Copy furnished:
Atty. _______________
Counsel for Defendants
Address
Juana dela Cruz
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Gabriel dela Cruz
Lucas dela Cruz
Simon dela Cruz
1281 Alfonso Mendoza St., Sampaloc, Manila
Ana Salcedo
Adress
EXPLANATION
Copy of this Complaint is served to the defendants through electronic
mail and filed in court through electronic mail due to lack of office
personnel and restrictions brought about by the community quarantine due
to the Covid-19 pandemic.
ATTY. ANDRES SEPULVEDA
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