Quieting of Title.doc

8/9/2019 Quieting of Title.doc

http://slidepdf.com/reader/full/quieting-of-titledoc 1/7

Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region

Makati CityBranch 13

JEFFREY LOVERANES, CIVIL CASE NO. 2645

Plaintiff,

FOR: QUIETING OF

TITLE

-versus- AND/OR RECOVERY OF

OWNERSHIP,CANCELLATION

OF CERTIFICATES OF

TITLES,

ANAKARENINA ROQUE, DAMAGES AND

ATTORNEY’S

Defendant. FEES

x- - - - - - - - - - - - - - - - - - - - - -x

COMPLAINT FOR QUIETING OF TITLE

COMES NOW, Plaintiff through the undersigned counsel, unto this

Honorable Court, most respectfully alleges, THAT:

The Parties

1. Plaintiff, of legal age, Filipino, single, and a resident of Makati,

Metro Manila, has the capacity to sue and be sued and may be

served with notices and other court processes through the

undersigned counsel;

2. Defendant, of legal age, Filipina, widow, has the capacity to be

sued and to sue, and a resident of Brgy. Poblacion, Makati City,

Page 1 of 7



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.

Roberto Palomo;

4. Defendant’s husband was the legal counsel of the plaintiff and of

the plaintiff’s entire corporation located at Marikina City, the

Cloud Development Corporation;

5. Sometime in October 17, 2014, plaintiff wanted to purchase a

parcel of land located at Sunset Subdivision and covered under

TCT No. T- 111-22 but due to the fact that plaintiff is permanently

residing in Davao, 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

Page 2 of 7





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 7 December 2012.

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 Davao del Norte, opposed the said petition on

the ground that the same is not lost.

13. 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:

1. Declaring the plaintiff as the lawful owner of TCT No. T-111-22

situated at Sunset Subdivision Makati City, Metro Manila;

2. Removing all the clouds hovering on the title of the plaintiff

particularly the malicious claim of the Defendant over it;

3. Canceling the titles namely TCT No. 91011 in the name of

MARTINA MAE PALOMO 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;

Page 4 of 7



4. Ordering the Defendant to sign whatever necessary documents to

effect transfer of title of the land to the Plaintiff;

5. Ordering the Defendants to pay Plaintiffs attorney’s fees in the

amount of Php 10,000 and expenses of the suit.

Plaintiffs pray for such other relief just and equitable under the

premises.

Makati City, 3 December 2014.

______________________

JEFFREY LOVERANES

Plaintiff

FELICIANO & FELICIANO

Counsel for the Plaintiff

Unit 1916 Joya South Tower

Joya Drive, Makati City

Tel. No. (632) 897-8770

Telefax. (632) 896-2116

Email: [email protected]

By:

MERCEDES C. FELICIANO

IBP No. 9139238 01-08-14/Makati City

PTR No. 913458/01-08-14/Makati CityRoll of Attorneys No. 51313

MCLE Com. No. IV-002248413/06-17-14

Copy furnished:

Page 5 of 7



DUQUE & CANLAS

Counsel for the Defendant

Unit 1234 Laurel Building

Sampaloc, Manila

Republic of the Philippines)

City of Makati ) s.s.

x - - - - - - - - - - - - - - - - -x

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, JEFFREY LOVERANES, of legal age, Filipino, single and a

resident of Makati, Metro Manila, Philippines, after having been duly sworn

to in accordance with law, hereby depose and say:

That I am the Plaintiff in the above-entitled case;

That I have caused the preparation and filing of the same;

That all the facts alleged therein are true and correct on my own

knowledge and belief and authentic records;

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;

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;

That if there is such action or proceeding we shall state the status

thereof;

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.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this ______________________ at ____________________, Philippines.

Page 6 of 7



______________________

JEFFREY LOVERANES

Affiant

SUBSRIBED AND SWORN to before me this _______________ at

__________________________, Philippines.

Doc. No. ______;

Page No. ______;

Book No. ______;

Series of 2014.

Page 7 of 7

Documents

Quieting of Title.doc