Republic of the Philippines
REGIONAL TRIAL COURT
1st Judicial Region
Vigan City
Branch 1
GEORGE MENDOZA, CIVIL CASE NO. 2106
Plaintiff,
-versus- FOR:
QUIETING OF TITLE
AND/OR RECOVER OWNERSHIP,
CANCELLATION OF CERTIFICATES
OF TITLES, DAMAGES AND ATTORNEY’S FEES
ISOBEL VALDEZ
Defendant.
x- - - - - - - - - - - - -x
COMPLAINT
COMES NOW, Plaintiff through the undersigned counsel, unto this
Honorable Court, most respectfully alleges, THAT:
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The Parties
1. Plaintiff, of legal age, Filipino, married, and a resident of
Narvacan, Ilocos Sur, has the capacity to sue and be sued and
may be served with notices and other court processes through
the undersigned counsel Attorney Jacqueline Avila of AVILA
Law Firm, Vigan City;
2. Defendant, of legal age, Filipino, widow, has the capacity to be
sued and to sue, and a resident Tamag, Vigan City, 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.
Alexis Valdez;
4. Defendant’s husband was the legal counsel of the plaintiff and
of the plaintiff’s entire corporation located at Vigan City, the
Vigan City Development Corporation;
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5. Sometime in March 8, 2017, plaintiff wanted to purchase a
parcel of land located at Tamag Hills and covered under TCT
No. T- 111-22 but due to the fact that plaintiff is permanently
residing in Narvacan, 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 the latter and by the defendant in favor
of the plaintiff authorizing the latter to sell the said parcel of
land and to receive the proceeds thereof. Attached as Annex
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“E” hereof is the Special Power of Attorney dated March 18,
2017 and made an integral part of this hereof;
8. Thus, said transaction was pursued wherein the defendant’s
husband stood as the vendee with the purchase price furnished
by the plaintiff and under the agreement they had previously
agreed;
9. On April 12, 2017, the said transaction was registered with the
Registry of Deeds and subsequently the copy of the owner’s
duplicate copy of title was issued but the same was right away
delivered to the plaintiff and had never been in the possession
of the defendant nor by his husband and the corporation of the
plaintiff from then on took possession of the said parcel of land
and paid all real estate taxes that were due from the time of
acquisition up to the present;
10. TCT No. T-111-22 was later on subdivided into four parcels of
land covered under TCT Nos. 1021, 1215, 3016, and 1805. TCT
Nos. 1021 and 3016 and was conveyed to the plaintiff but the
remaining two were not due to the death of the defendant’s
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husband. Attached as Annex “F” hereof is the Death Certificate
of Atty. Alex Valdez;
11. On May 16, 2017 another parcel of land located at Tamag Hills
and covered by OCT No. 1112 was purchased under the same
agreement. Thus, the title was registered to the Atty. Alex
Valdez as the trustee of the plaintiff;
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 September 21,
2015. Attached as Annex “A” hereof is the machine copy of the
said petition;
13. 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 Vigan City, opposed the said
petition on the ground that the same is not lost. Attached as
Annex “G” hereof is the copy of the said Opposition;
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14. 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:
Declaring the plaintiff as the lawful owner of TCT No. T-111-22
situated at Tamag Hills, Tamag, Vigan City;
Removing all the clouds hovering on the title of the plaintiff
particularly the malicious claim of the Defendant over it;
Canceling the title namely TCT No. T- 111-22 in the name of
ISOBEL VALDEZ 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;
Ordering the Defendant to sign whatever necessary documents to
effect transfer of title of the land to the Plaintiff;
Ordering the Defendant to pay Plaintiff’s attorney’s fees in the
amount of Php 10,000 and expenses of the suit; and
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Plaintiff likewise prays for such other reliefs that are deemed just
and equitable under the premises.
Vigan City, Ilocos Sur, June 21, 2021.
ATTY. JACQUELINE S. AVILA
Counsel for Plaintiff
Roll No. 15099
PTR No.64643-06-21-21 Vigan
IBP No.23563- 06-21-21 Vigan
MCLE Compliance No. 213657896
Contact No. +639294174504
SBC Building, Vigan City, Ilocos Sur
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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, GEORGE MENDOZA, of legal age, Filipino, married and a
resident of Narvacan, Ilocos Sur, after having been duly sworn to in
accordance with law, hereby depose and say:
1. That I am the Plaintiff in the above-entitled case;
2. That I have caused the preparation and filing of the same;
3. That all the facts alleged therein are true and correct on my own
knowledge and belief and authentic records;
4. 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;
5. 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;
6. That if there is such action or proceeding we shall state the status
thereof;
7. 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.
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IN WITNESS WHEREOF, I have hereunto affixed my signature
this 21st day of June, 2021 at Vigan City, Ilocos Sur, Philippines.
GEORGE OMALLEY
Affiant
SUBSRIBED AND SWORN to before me this 21st day of June,
2021 at Vigan City, Ilocos Sur, Philippines.
ATTY. JACQUELINE S. AVILA
Counsel for Plaintiff
Roll No. 15099
PTR No.64643-06-21-21 Vigan
IBP No.23563- 06-21-21 Vigan
MCLE Compliance No. 213657896
Contact No. +639294174504
SBC Building, Vigan City, Ilocos Sur
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