REPUBLIC OF THE PHILIPPINES
7TH JUDICIAL REGION
MUNICIPAL CIRCUIT TRIAL COURT
MINGLANILLA, CEBU
LILYBETH T. MANGILA, AND CIVIL CASE NO: _________
REBECCA A. BALBUTIN,
Plaintiffs, FOR: RECOVERY OF
POSSESSION, ATTORNEY’S
-versus- FEES AND DAMAGES
ALFREDO BRIONES,
Defendant
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COMPLAINT
COME NOW Plaintiffs, through the undersigned counsel, unto
this Honorable Court, most respectfully alleges:
1. That plaintiff LILYBETH T. MANGILA is of legal age,
married, Filipino and a resident of Tubod, Minglanilla, Cebu, while
plaintiff Rebecca A. Balbutin is also of legal age, married, Filipino and
a resident of Vito, Minglanilla, Cebu;
2. That defendant is of legal age, married and a resident of
Diyot, Tubod, Minglanilla, Cebu where he may be served with
summons and other processes of this Honorable Court;
3. That plaintiff LILYBETH T. MANGILA is a daughter of the
late Eladia T. Alicamen, who died sometime October 19, 2005 while
plaintiff Rebecca A. Balbutin is a daughter of the latee Hermogenes
Trazona, who died sometime April 2006;
4. That that Hermogenes Trazona and Eladia T. Alicamen are
siblings, together with their other siblings namely, Natividad
Abadiano, Jesus Trazona, Carlito Trazona and Francisca Matbagon;
5. That the said siblings, being the children of Cipriano
Trazona, were co-owners of a parcel of land more specifically
described as follows, to wit:
“A parcel of land (Lot No. 5053-A, ) located in Tubod,
Minglanilla, Cebu, and covered by Tax Declaration No.
1
004343 containing an area of Three Thousand Four Hundred
Ninety One (3,491) square meters.
… machine copy of Tax Declaration No, 004323 is hereto
attached as Annex “A”;
6. That when Eladia Alicamen and Hermogenes died, their
rights were respectively transferred to the plaintiffs;
7. That the co-owners of the above-described parcel of land has
already agreed to an oral partition and each of the co-owners has
already taken exclusive possession of each share, as shown by the
Subdivision Plan machine copy of which is hereto attached as Annex
“B”;
8. That oo August 19, 2010, together with their other siblings
namely, Natividad Abadiano, Jesus Trazona, Carlito Trazona and
Francisca Matbagon, the other siblings of Hermogenes Trazona and
Eladia Alicamen, executed a Deed of Confirmation of Sale, which
was entered into the Notarial Ragister of Notary Public August C.
Machacon as Doc. No. 64, Page No. 13, Book No. XXIX, Series of 2010;
9. That in the said Deed of Confirmation of Sale dated August
19, 2010, Natividad Abadiano, Jesus Trazona, Carlito Trazona and
Francisca Matbagon, “confirmed” that Eladia Alicamen and
Hermogenes Trazona executed an unnotarized Deeds of Absolute
Sale in favor of the defendant, machine copy of the said of
Confirmation of Sale dated August 19, 2010 is hereto attached as
Annex “C”;
10. That the said of Confirmation of Sale dated August 19, 2010
is void ab initio for the simple reason that it was not executed by the
heirs of the late Eladia C. Alicamen and Hermogenes Trazona;
11. That being void ab initio the said of Confirmation of Sale
dated August 19, 2010 transferred no rights whatsoever to the
defendant;
12. That because of the defendant’s acts, plaintiffs suffered
sleepless nights and wounded feelings justifying an award of ONE
HUNDRED THOUSAND PESOS (P100,000.00) by way of moral
damages;
10. That the assessed value of the above-mentioned parcel of
land is THREE THOUSAND NINE HUNDRED FORTY PESOS
2
(P3,940.00) as shown by the Tax Declaration No. 15957-R hereto
attached as Annex “D”;
11. That in order to protect her rights, plaintiffs were
constrained to engage the services of the undersigned counsel for
which she has already paid THIRTY THOUSAND PESOS
(P30,000.00) and binding himself to pay the sum of THREE
THOUSAND FIVE HUNDRED PESOS (P3,500.00) per court
appearance.
12. That in order to set an example for the common good,
defendant should also be condemned to pay to plaintiffs the sum of
ONE HUNDRED THOUSAND PESOS (P100,000.00) by way of
exemplary damages;
13. That the plaintiffs expect to spend no less than FIFTEEN
THOUSAND PESOS (P15,000.00) as litigation expenses;
WHEREFORE, premises considered, it is most respectfully
prayed of this Honorable Court that after due notice and hearing, to
render judgment in favor the plaintiffs and against the defendant in
following manner, to wit:
1. Declare Confirmation of Sale dated August 19, 2010 as
void ab initio;
2. To order the defendant to return the possession of the
subject parcel of land to the plaintiffs;
3. Condemn defendant to pay to plaintiffs the sum of
ONE HUNDRED THOUSAND PESOS by way of
Moral Damages, another FIFTY THOUSAND PESOS
by way of attorney’s fees and FIFTEEN THOUSAND
PESOS as litigation expenses and another ONE
HUNDRED THOUSAND PESOS (P100,000.00) by way
of exemplary damages.
Other reliefs as are just and equitable under the circumstances
are likewise prayed for by the Plaintiffs.
Cebu City, Philippines August 16, 2012
DINOPOL MALAYA ORCULLO & SANDOVAL LAW OFFICE
Counsel for the Plaintiffs
Room 402 G.K. Chua Building
3
Sancianco Street, Cebu City
Tel. No. 515-1417
By
ATTY. FRANCIS GEORGE F. DINOPOL
Roll of Attorneys Number 50084
PTR No. 10150238, 01-20-2012 Cebu Capitol
IBP No. 885222, 01-20-2012, Cebu Chapter
MCLE Compliance No. II-0014596
MCLE Compliance No. III-0021915, 06-26-2012
And
ATTY. DOUGLAS C. MALAYA
Roll of Attorneys Number 51469
PTR # 0898380, 1/19/11, Cebu City
IBP Lifetime Member No. 07834, 1-11-08
MCLE Compliance Certificate No. III-0013819
