Republic of the Philippines

FIRST JUDICIAL REGION

REGIONAL TRIAL COURT
Branch ___
Urdaneta City, Pangasinan
-o0o-

MARIANO P. FLORES,
Plaintiff, Civil Case No. ______

-versus- For: Annulment of Title,

Documents, Reconveyance with a
ESTELITA DELIZO, and all Prayer for Writ of Preliminary
other persons claiming rights Injunction and Damages
under her,
Defendant.
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COMPLAINT
PLAINTIFF, by counsel, to this Honorable Court, most respectfully
states, that:

1. Plaintiff is of legal age, Filipino citizen and a resident of 1418

Penafrancia Street, Barangay 682, Zone 74, Paco, Manila, where he
may be served with summons and other processes of this Honorable
Court;

2. Defendant is also of legal age, Filipino, and resident of Labit

Proper, Urdaneta City, Pangasinan, where she may be served with
summons and other court processes;

3. Plaintiff and defendants are among the surviving heirs of the

late Paulino Toralba. Plaintiff’s grandmother Gertrudes Flores
Toralba and defendant’s father Demetrio Toralba are siblings. Their
other siblings were Prisca and Maximo Toralba;

4. Plaintiff exerted earnest efforts to amicably settle the matter

with the defendants being relatives before filing of the instant case,
but the same failed. Nonetheless, considering that they are residents
of different municipalities, the matter was no longer referred to
barangay conciliation and mediation;

5. The late Paulino Toralba during his lifetime, acquired

several properties located at Labit Proper, Urdaneta City,
Pangasinan. Copies of the Declaration of Real Property Tax are
hereto attached as ANNEX “A” and “B” hereof;

FIRST CAUSE OF ACTION: ANNULMENT OF TITLE,

DOCUMENTS AND RECONVEYANCE

6. The late Paulino Toralba had four (4) children, namely:

Gertrudez, Maximo, Prisca and Demetrio. During their lifetime, the
siblings verbally agreed that they will divide the properties of
Paulino Toralba. The residential and agricultural lots located in Zone
3 Brgy. Labit Proper, Urdaneta City, Pangasina will be owned by
Prisca and Gertrudes while the property located in Zone 1 of the
same barangay will be owned by the late Maximo and Demetrio
Toralba. Plaintiff being one of the surviving heirs of Gertrudes
Toralba Flores, succeeded rights over the subject properties when
his father Herminigildo Flores died;

7. Gertrudes and her other siblings occupied their respective

shares of the property and introduced developments therein.
Gertrudes and her heirs built a house therein and continued their
occupation until defendant and her cohorts entered the property
inherited by the plaintiff from his grandmother without his consent;

8. To protect his right over the subject property, plaintiff filed

a case against Estilita and Jaime Delizo before the Office of the City
Prosecutor of Urdaneta City, Pangasinan and is now pending for
resolution;

9. When plaintiff received a copy of respondent’s counter-

affidaivit, the latter attached documents including the certificate of
title in the name of Estelita Delizo under Original Title under Kaloob
na Patente Blg. 0155461964930, a copy of which is hereto attached
as ANNEX “C” hereof;

10. Upon perusal of the documents submitted by the

defendant, the Affidavit of Self-Adjudication with Deed of Sale
executed by the late Demetrio Toralba appears to be wrong and
improper. It states in paragraph one (1) that:

“I am the only heir of the late Paulino Toralba who died

on August 31, 1936 in Labit Proper, Urdaneta City,
Pangasinan” (underscoring supplied)

A copy of the Affidavit of Self-adjudication is hereto attached as

ANNEX “D” hereof;
 11. The late Demetrio Toralba was and is not the only heir at
the time he executed the affidavit. In fact, the nearest surviving heirs
he could have had are Fedencia Flores Andrada, daughter of
Gertrudes, and a certain Mameng Toralba, daughter of Maximo
Toralba. Despite such knowledge that there are other surviving heirs
of his late siblings, he still executed the Affidavit which was the basis
of defendant to apply for a title over the subject property;

12. Worst, defendant even alleged in her supporting

documents for her application for Free Patent that she was the only
claimant and possessor of the subject property when in truth and in
fact, it was the plaintiff and his predecessors-in-interest who is in
open, continuous, exclusive and notorious possession of the
property from the time they inherited it from the late Paulino
Toralba;

Copies of Estelita’s affidavit and application for Free Patent are

hereto attached as ANNEX “E” and “E-1” hereof;

13. Considering that the allegations in the documents used for

the issuance of Original Certificate of Title is not true and falsified,
the same must be declared null and void. The Certificate of Title was
issued on the basis of false narration of facts that the late Demetrio
Toralba is the only heir of Paulino Toralba and defendant Estelita
Delizo as the only claimant and possessor thereof holds no water;

14. The late Demetrio Toralba has no absolute authority to sell

the subject property as he was not the only heir, consequently, he
had no right to transfer ownership of the subject property to
defendants1;

15. Since the title of defendant was based on a false and

fictitious document, it is but proper that ownership over the subject
property must be reverted back to plaintiff. The law provides that –

“Article 433. 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.”

SECOND CAUSE OF ACTION: PRAYER FOR WRIT OF

PRELIMINARY INJUNCTION

1
GR No. 204029
 16. With the unexpected and surprising acts of the defendant
and her cohorts in entering the property of herein plaintiff without
his consent, he is constrained to apply for the issuance of Writ of
Preliminary Injunction to protect his rights over the property and to
stop the defendants from further destroying the plants and other
structures built therein;

THIRD CAUSE OF ACTION: DAMAGES

17. To protect the rights and interest of the plaintiff, he was

constrained to secure legal services and pay the cost of suit;

18. Due to adamant refusal and continuous refusal of the

defendant to refrain from illegally entering the subject property and
claiming ownership thereto, plaintiff suffered mental anguish, moral
shock, serious anxiety and sleepless nights causing grave and
irreparable injuries entitling him to an award of Fifty Thousand Pesos
(P50,000.00) as and by way of moral damages pursuant to the
provision Article 2217 of the Civil Code;

19. Furthermore, to set an example to those people who wanted

to unjustly enrich themselves at the expense of others, by falsifying or
making untruthful statements of facts and subsequently used the
same for their benefit, entitles the plaintiff an award of exemplary
damages in the amount of Twenty Thousand (P20,000.00) pesos
pursuant to Art. 2219 and 2229 of the Civil Code;

20. To prove the foregoing allegations, the following witnesses

whose respective Judicial Affidavits are hereto attached and
presented:

a. Mariano Flores
b. Fedencia Flores Andrada
C. Trinidad Fontanilla

PRAYER

WHEREFORE, premises duly considered, it is most respectfully

prayed that after due notice and hearing, Judgment be rendered as follows,
to wit:

a. NULLIFYING the Affidavit of Self-Adjudication with Deed of

Absolute Sale executed by Demetrio Toralba;
 b. NULLIFYING the Affidavit and Application for Free Patent of
Estelita Delizo submitted before the DENR;

c. NULLIFYING Original Title under Kaloob na Patente Blg.

0155461964930 issued in the name of Estelita Delizo;

d. ORDERING the reconveyance of the subject property to herein

plaintiff;

e. GRANTING of the prayer for the issuance of a Writ of Preliminary

Injunction in favor of the plaintiff against the defendant and all person
acting on her behalf to refrain from further causing damage to plaintiff’s
rights and interest over the subject property;

f. ORDERING the defendant to pay plaintiff the following amounts:

1. P50,000.00 as and by way of moral damages;

2. P20,000.00 as and by way of actual and as well as exemplary

damages.

Other just and equitable reliefs are also prayed for.

Done this __________________________ in ________________________________.

Lawyer
REPUBLIC OF THE PHILIPPINES)
______________________________________ )S.S
_______________________________________)
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VERIFICATION AND CERTIFICATION OF

NON-FORUM SHOPPING

I, MARIANO P. FLORES, of legal age, Filipino, and a resident 1418

Penafrancia Street, Barangay 682, Zone 74, Paco, Manila, under oath hereby
depose and say that:

1. I am the plaintiff in the above-mentioned complaint;

2. I have cause the preparation and filing of the complaint after

reading the contents thereof which are true and correct of my personal
knowledge and based on authentic documents;

3. The pleading is not filed to harass, cause unnecessary delay or

needlessly increase the cost of litigation;

4. The factual allegation in the complaint have evidentiary support or

specifically so identified, will likewise have evidentiary support after a
reasonable opportunity for discovery; and

5. That I have not commenced any other petition, proceedings or

action of similar nature before the Supreme Court, the Court of Appeals or
any other tribunal or agency; that to the best of my knowledge, no such
action or proceeding is pending in the Supreme Court, the Court of Appeals
or any tribunal or agency; that if I hereafter learn that a similar action or
proceeding has been filed or is pending before these courts of tribunal or
agency, I undertake myself to report the same within five (5) days
therefrom to the court wherein the pleading is filed.

IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of

_________________________ in _________________________________.

MARIANO P. FLORES
Affiant
ID no. __________________________
 JURAT AND OATH

BEFORE ME this ____________________ in ____________________________ to

appeared MARIANO FLORES, with his ID _________ and he presented to me
the foregoing Verification and Certification of Non-Forum Shopping, and he
is personally known to me and identified by his competent identity showing
his photograph and signature, and he signed the foregoing document in my
presence, and under oath, avows under the penalty of law to the whole
truth of the same.

NOTARY PUBLIC

Note:

1. Original or certified true copies of your Annexes or evidence must

be submitted and attached to the complaint;
2. Read and understand the nature of the verification and certification;
3. Payment of Injunction Bond;
4. ALL ALLEGATIONS came from you and based on the complaint
affidavit you filed before the Office of the City Prosecutor of Urdaneta
City, Pangasinan.