Escolar Documentos
Profissional Documentos
Cultura Documentos
-versus-
-for-
APRILYN T. HAO,
TITLE, ETC.
et. al.,
Defendants.
X------------------------------------------------/
ORDER
COMPLAINT
3. That plaintiffs are the compulsory heirs of the late spouses
Federico Agon and Primitiva Agon who respectively died on December
24, 1977 and November 20, 2001;
4. That plaintiffs parents during their lifetime are the registered
owners of a certain parcel of land located at Consolacion, Panabo City,
covered by Original Certificate of Title No. (P-11555) P-3483, copy of
the title is attached as Annex B hereof;
5. That by fraud and bad faith on the part of defendants, the
aforementioned property of plaintiffs parents was simulated to have
been allegedly sold to defendants with the use of a forged document
said to be executed on February 10, 1995 copy of which is hereto
attached as Annex C hereof;
6. That the sale is absolutely simulated and void since plaintiffs
father died in 1977 and obviously could not have signed the
7. The plaintiffs are barred from their alleged claimed over the
subject property by estoppel and laches. It is highly incredible
for the alleged heirs of Sps. Federico Agon and Primitiva Neri
Agon to sleep on their right for a period of almost fifteen (15)
years from the execution of the sale in favor of herein
defendants in 1995 or twenty seven (27) long years from the
death of their alleged parents Sps. Federico and Primitiva
Agon, of doing nothing relative to the subject parcel of land;
After the sale in 1995, defendants took possession of the
subject property and introduced improvements of the same.
None of the alleged heirs appeared and presented whatever
claims they have to defendants. These, despite the fact that
the plaintiffs are residents of the place where the subject
property are located;
8. Defendants bought the subject property in good faith. In fact
the personnel of the Department of Agrarian Reform,
specifically OIC Provincial Agrarian Reform Officer, Atty.
Benjamin Etulle, Paz A. Bonghanoy and Arsenia Gomez,
Municipal Agrarian Reform Officer, who facilitated the sale and
transfer of the subject property in defendants name;
9. In filing the present complaint, plaintiffs failed to comply with
the provision of the Rules of Court on forum shopping. Hence,
the same must be ordered dismissed.
AND AS
COUNTERCLAIM
Defendants incorporate herein by way of reference all the
allegations contained in the Answer and Special and Affirmative
Defenses, and further state:
10. Plaintiffs have no cause of action against herein defendants
as mentioned above. The filing of this unfounded and
unreasonable suit, caused defendants to engage the services
of counsel for a stipulated fee of P100,000.00 plus P5,000.00
per counsels court appearance and are expected to spend an