Republic of the Philippines REGIONAL TRIAL COURT First Judicial Region Branch 1 Manila City

Mr. Gerard Espinosa, Plaintiff Accompanied by his Attorney in fact, TCT Atty. Rocky Baliao -versusMr. Jan Jongko, Defendant x-----------------------------------------x

Civil Case No. 2 for: Mandamus to issue

COMPLAINT

COMES NOW, the plaintiff together with the undersigned counsel to this most honorable court, MOST RESPECTFULLY STATES THAT; 1. The Plaintiff is of legal age, married and a resident of 12-M Vito Cruz, Malate, Manila City. The Defendant is likewise of legal age, married and temporary residing at Pedro Gil Subdivision, Manila City. The Plaintiff is the owner of the two-storey house unit and residing located at 12-M Vito Cruz, Malate, Manila City,as evidenced by pertinent documents tax declaration, and deed of sale. ( EXHIBIT A ) The Defendant is the Registrar of Deeds in Manila who took over the position last June 2, 2013 due to the passing of the late Mr. Charles Fernandez, the former Registrar of Deeds in Manila. That on May 23, 2013, the plaintiff has completed and passed all requirements, and was granted by courts by final judgment for a Torrents Certificate of Title. That Mr. Fernandez was not able to issue a Torrens Certificate of Title before his death on June 2, 2013. That Mr. Jan Jongko, the predecessor to the position of the late Mr. Fernandez, and his ministerial duty to perform, refuses to issue a Torrens Certificate of title even with the Plaintiff has completed all the requirements, and also with court order. That PD 1529, section 10 provides that xxxxx It shall be the duty of the Register of Deeds to immediately register an instrument presented for registration dealing with real or personal property which complies with all the requisites for registration. xxxxx

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On August 20, 2013, after continuous demands, the defendant constantly refuses to issue a Torrens Certificate of Title. 9. The plaintiff confronted the defendant about it but the defendant claimed that it was the previous Registrar of Deeds ministerial obligation to issue the Torrens Certificate of Title. 10. The defendant willfully and maliciously wont issue a Torrens Certificate of Title due to conflict of interest.

PRAYER WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that judgement be rendered in favor of the plaintiff and that after judgement; a. b. The defendant shall issue a Torrens Certificate of Title. The defendant shall be ordered to pay P 320, 000 for the Attorneys Fees. Such other reliefs and remedies under the premises are likewise prayed for. Manila, Philippines, this 28th day of December 2013.

Rocky Baliao Counsel for the Plaintiff PTR No. 18909595:1-04-07:B.C. IBP No, 693095:1-04-07:B.C. Roll No. 42481:5-10-97: Manila Rm. 1 2/F Manila City Club 123 Malate, Manila

VERIFICATION AND CERTIFICATION I, Mr. Gerard Espinosa, of Legal age, married, Filipino Citizen and a resident of 12-M Vito Cruz, Malate, Manila City, after being sworn according to law, hereby depose and state that; 1. 2. I am the Complainant in this proceeding. I have read and understood the filed complaint and allegations therein. Gerard Espinosa Complainant In witness thereof, I, Mr. Rocky Baliao, counsel of the plaintiff, have hereunto set my hand this 29th of December at Manila City.

Rocky Baliao Counsel for the Plaintiff PTR No. 18909595:1-04-07:B.C. IBP No, 693095:1-04-07:B.C. Roll No. 42481:5-10-97: Manila Rm. 1 2/F Manila City Club 123 Malate, Manila