Republic of the Philippines

REGIONAL TRIAL COURT

6th Judicial Region
Branch 65
Jordan, Guimaras

JANICE L. DULOTAN
Plaintif

Versus

Civil Case No. _________________

For: ANNULMENT /CANCELLATION OF
TITLES, RECOVERY OF POSSESSION
WITH SPECIFIC PERFORMANCE AND
DAMAGES

NANDIE JOY G. ALVAREZ

Defendants
x------------------------------x
COMPLAINT
COMES NOW, Plaintif, by the undersigned counsel, unto this Honorable
Court most respectfully states:

1. That plaintif is of legal age, single, Filipino and a resident of Brgy.

Pia, Buenavista, Guimaras, Philippines;
2. That Defendant is of legal age, Filipino and resident of Brgy.
Pandaraonan, Nueva Valencia, Guimaras where she may be served
with summons and other Court processes;
3. That plaintif is the lawful purchaser of a lot with Lot No. 2228, Psd06-013042 covered by Transfer Certificate of Title No. 8372 situated in
Barangay Pandaraonan, Municipality of Nueva Valencia, province of
Guimaras, Philippines consisting of Two Thousand (2, 000) square
meters by virtue of a Deed of Absolute Sale docketed as Doc. No. 165;
Page No. 40; Book No. VI, Series of 2003 in the notarial book of
Notary Public, Atty. Protacio Caguiuan. Copy of TCT No. 8372 and
Deed of Absolute Sale are hereto attached as Annex A;

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4. That in Order to protect plaintif rights and interest over the subject
property, a Notice of Adverse Claim was filed at the Register of Deeds
Province of Guimaras subscribed before the notary public. Copy of
adverse claim is hereto Attached as Annex B;
5.

That the said adverse claim was annotated over Lot 8372 under
entry no. 30456;

6. That the previous owner, Mr. Rommel D. Dilag died without an issue
on August 2008 leaving his children, Nandie Joy A. Dilag and Ronelo
A. Dilag as heirs;
7. That it is a clear fact that before Mr. Rommel D. Dilag died on August
9, 2008, he executed a Deed of Absolute Sale on December 29, 2003.
By virtue of the subject sale, plaintif attempted for several times to
get the duplicate copy of the title for the eventual transfer to his name
however, defendants deliberately refused to surrender the subject title;
8. That plaintif was surprised when she received information that
defendants subdivided the subject property without his knowledge
and with prejudice on his part who has rights and interest over the
subject

property,

worst,

the

original

title

was

cancelled

and

defendants Nandie Joy A. Dilag and Ronelo C. Dilag, both single were
issued a Certificate of Title No. T 21382 on March 12, 2008. Plaintifs
adverse claim is still carried over on the said title. Copy of title is
hereto attached as Annex C;
9. That eventually, defendants were issued a separate title, to wit: T21383 to Nandie Joy A. Dilag, and T- 21384 to Ronelo C. Dilag by
virtue of subdivision agreement. Copy of titles are hereto attached as
Annexes D, "E", respectively;
10.

That defendants continued to introduce improvements on the

subject lot belonged to the plaintif and collecting rental thereon

despite plaintif's opposition. This prompted plaintif to report to the
Philippine National Police and file a complaint before the Office of the
Lupong Tagapamayapa but it failed. Copy of police blotter and
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certificate to file action is hereto attached as Annexes F and G

respectively.
11.

That the assessed value of the property already exceeded Fifty

Thousand Pesos ( P 50, 000.00)

12.

That by reason of the unlawful refusal of the defendants to deliver

the title of the subject premises despite numerous demands, he was

forced to hire the services of counsel in the amount of P 70,000.00 as
attorneys fees and P2, 500 per Court appearance and P10,000.00 as
cost of suit.

PRAYER
WHEREFORE, premises considered, it is most respectfully prayed
that judgment be rendered:
1. CANCELLING T- 21383 in the name of Nandie Joy A. Dilag, and
T- 21384 in the name of Ronelo A. Dilag;
2. To leave the premises including the improvements made
thereon;
3. ORDERING defendants to pay attorneys fees in the amount of
P70,000, P2,500.00 per appearance and 10,000 as cost of the
suit

Plaintif further pray for such other relief and remedies deemed
just and proper in the premises.

June 19, 2014. Iloilo City, Philippines.

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GENEVIEVE D. PENETRANTE
Counsel for the Plaintif
c/o Provincial Capitol
Bonifacio Drive, Iloilo City
IBP No. 946555/ 1-02-14/Iloilo City
PTR No. 2150922/1-02-14 /Iloilo
Roll No. 39116
MCLE Compliance No. IV-0049441
March 21, 2013
Tel No. (033) 337 4727

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