civil case practicum

REPUBLIC OF THE PHILIPPINESFOURTH JUDICIAL REGION

BRANCH 23TRECE MARTIRES CITY

BENJAMIN O. GUARIN,NORMITA R. ANGCANAN, DANILO RETERTA,ERNESTP RETERTA andNATIVIDAD R. ANGCAYA,In their capacity as legalHeirs/children of the deceased CIVIL CASE NO. TMCV-0020-04TERESA ORDONES GUARIN, For: ANNULMENT OF DEED

Plaintiffs, OF SALE OF MEMORIAL LOT AND MAUSOLEUM

-versus-

SPS. RODOLFO O. GUARIN andBIENVENIDA TAGLE,SPS. LEONARDO GUARIN andARCADIA GUARIN andEVARISTA P. PALUSTRE

Defendants,

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C O M P L A I N T

PLANTIFFS, by the undersigned counsel, to this Honorable Court

respectfully state, that:

I – PLAINTIFFS

1. Plaintiffs are all of legal age, Filipinos, married except

plaintiffs Ernesto Reterta, single, and all residents of Brgy. Tapia, Gen.

Trias, Cavite. Defendants spouses Rodolfo O. Guarin and Bienvenida

of 7 Guarin vs Guarin

Tagle are both of legal and residents of 2-F Purok 6, Malagasang II,

Imus, Cavite, where they may be serve with summons and other process

of this Honorable Court; while, defendants spouses Leonardo O. Guarin

and Arcadia Guarin are also of legal age, Filipinos and residents of Brgy.

Tapia. Gen. Trias, Cavite, where they may be serve with summons.

Defendants Evarista P. Palustre is of legal age, Filipino, and a resident of

Brgy. San Juan II, Gen. Trias, Cavite, where she may be serve with

summons and other process of this Honorable Court.

II- CAUSE OF ACTION

2. Plaintiffs Normita Reterta-Angcanan, Danilo Reterta,

Ernesto Reterta and Natividad Reterta-Ancaya and children of the

deceased Teresa Ordones Guarin by her second marriage, while plaintiff

Benjamin O. Guarin and Leonardo O. Guarin are Children of Teresa

Ordonez by her first marriage.

3. Teresa Ordones Guarin, mother of the herein plaintiffs and

defendants except defendant Everista P. Palustre died on January 16,

2004 at Gen. Trias, Cavite as shown by her Certificate of Death1, copy of

which is hereto attached as Annex “A” hereof.

4. During her lifetime, or to be specific, on November 4, 1999,

Teresa O. Guarin acquired by purchase from one Crispina A. Salgado, a


parcel of memorial lot with an area of sixteen (16) square meters and

mausoleum with two (2) empty tombs erected on it, a copy of the

“Kasulatan ng BIlihan ng Lupang Libingan” is hereto attached as Annex

“B” and made an integral part thereof.

5. After Teresa O. Guarin died on January 16, 2004, the

defendants Rodolfo and Leonardo Guarin, without the knowledge,

muchless consent of the herein plaintiffs as legal a legal heirs of the

deceased Teresa O. Guarin, sold to defendant Evarista P. Palustre the

memorial lot and mausoleum referred to in immediate preceding

paragraph, copy of the Deed of Sale is attached as Annex “C”.

6. The sale of the aforesaid memorial lot and mausoleum to

defendants Evarista B. Palustre is not only in gross violation of plaintiffs’

hereditary rights as children of the decaeased Teresa O. Guarin, but as

well null and void because (i) it did not contain the signatures of the

herein plaintiffs as legal heirs of the deceased Teresa O. Guarin (ii) the

Sellers in the Deed of Sale, namely: defendants Rodolfo O. Guarin and

Leonardo O. Guarin are not the owners of the memorial lot and

mausoleum referred to above, but their mother, the deceased Teresa O.

Guarin as clearly shown in the Deed of Sale executed by Xrispina A.

Salgado (Annex “A”), and (iii) after the death of their mother the

memorial lot and mausoleum forms part of her state, thus belong to all

her legal heirs. Defendants Rodolfo and Leonarod Guarin alone without


the participation of the herein plaintiffs as legal heirs also of the

deceased cannot sell the property to defendant Evarista B. Palustre. The

sale, thereof, made on February 26, 2004 is clearly null and void.

7. Earnest efforts towards a compromise had been made by

the herein plaintiffs, they being brothers and sisters belonging to the

same family, but the same prove in vain.

8. This case has been brought first to Barangay Council or

Lupon ng Tagapamayapa ofBrgy. Tapia, Gen. Trias, Cavite for

conciliation proceedings, as mandated by Law, but efforts to arrive at an

amicable settlement proved futile, constraining the said

Lupon/Barangay Council to issue a Certification endorsing, photocopy

of the Barangay Certification is hereto attached as Annex “D” hereof.

9. As a result of the filing of this case, plaintiffs were

constrained to engage the service of counsel for which they incur the

obligation to pay Attorney’s Fees in the sum of 25,000.00, plus the₱

sum of 1,000.00 for every appearance in court. They will further incur₱

litigation expenses estimated at not less than 10,000.00.₱

III – PRAYER


WHEREFORE, it is most respectfully prayed of this

Honorable Court that judgment be rendered, as follows:

1. Declaring the Deed of Sale executed by defendants Rodolfo

and Leonardo Guarin in favor of defendant Evarist B. Palustre on

February 26, 2004 null and void and of no force and effect.

2. Ordering the return of possession of the memorial lot with

mausoleum subject of the Deed of Sale to the plaintiffs herein and/or to

all the heirs of the deceased Teresa O.Guarin.

3. Ordering the defendants Rodolfo and Leonardo O. Guarin to

pay plaintiffs Attorney’s fees in the sum of 25,000.00 and litigation₱

expenses in the sum of 10,000.00.₱

4. Ordering the defendants to pay the costs of the suit.

Plaintiffs pray for such other relief and remedies just and

equitable under the penalties.

Dasmariñas City for Gen. Trias, Cavite, March 23, 2004

AIDALYN L. MENDOZA


For the Plaintiffs

Republic of the Philippines )Province of Cavite ) S.S.City of Trece Martires )

VERIFICATION AND CERTIFICATION OF NON FORUM SHOPPING

We, BENJAMIN O. GUARIN, NORMOTA R. ANGCANAN, DANILO RETERTA, ERNESTO RETERTA and NATIVIDAD ANGCAYA, all of legal age, Filipinos, under oath, declares.

1. That we are the Plaintiffs in the above-entitled case and have caused this Complaint to be prepared;

2. That we read and understood its contents which are true and correct of my own personal knowledge and/or based on authentic records;

3. That we have not commenced any action or proceeding involving the same issue in 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 other tribunal or agency, and that, if I should learn thereafter that a similar action or proceeding has been filed or is pending before these courts or tribunal or agency, I undertake to report that fact to the Court within five (5) days therefrom.

IN WITNESS WHEREOF, we have hereunto set our hand this 18th day of January 2016 at Trece Martires City, Cavite.

BENJAMIN O. GUARIN NORMITA R. ANGCANAN

Affiant Affiant

DANILO RETERTA ERNESTO RETERTA


Affiant Affiant

NATIVIDAD ANGCAYAAffiant

SUBSCRIBED AND SWORN to before me this 18th day of January 2016 at Trece Martires City, Cavite. Affiant exhibiting to me their competent proof of their identification bearing their photograph and signature and avowed to e the foregoing facts and declarations.

Doc. No. : _____Page No. : _____Book No. : _____Series of : 2016


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