REPUBLIC OF THE PHILIPPINESTHIRD JUDICIAL REGIONREGIONAL TRIAL COURT

ANGELES CITYBRANCH ____

MARTIN DESIERTO, ALAN DESIERTO, and FRANCIS DESIERTO,

Plaintiffs, Civil Case No. _________________For: Reconveyance of Real

Proprety --versus--

RODRIGO DESIERTO and RAMON DOE.

Defendants.x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

COMPLAINT

Plaintiffs, by counsel, and unto this Honorable Court, most

respectfully avers that:

1. Plaintiff, MARTIN DESIERTO (“MARTIN” for brevity) is of

legal age, Filipino and a resident of 123 __________ where he may be

served with summons and other court processes.

Plaintiff, ALAN DESIERTO (“ALAN” for brevity) is of legal age,

Filipino and a resident of 123 __________ where he may be served with

summons and other court processes.

Plaintiff, FRANCIS DESIERTO (“FRANCIS” for brevity) is of legal

age, Filipino and a resident of 123 __________ where he may be served

with summons and other court processes.

2. Defendant RODRIGO DESIERTO (“RODRIGO” for

brevity), is of legal age, Filipino and a resident of 124 ____________

where he may be served with summons and other court processes,

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while defendant RAMON DOE, of legal age, Filipino, and a resident of

125 ____________ where he may be served with summons and other

court processes.

3.0 Sometime in January 07, 2015 defendant RODRIGO

executed a Deed of Donation duly recorded as Document No.: 456;

Page No.: 96; Book No.: VII; Series of 2012 in the notarial book of Atty.

Camille Jenah Banting, ceding unto plaintiffs MARTIN, ALAN and

FRANCIS a parcel of land situated in ________ Pampanga covered by

Transfer of Certificate of Title No. 12345678 in the Registry of Deeds of

Angeles City (herein referred to as the PROPERTY).

A copy of the Deed of Donation and Transfer of Certificate of Title

No. 8970256 are attached hereto as Annexes “A” and “B” and

made integral parts hereof.

4. By virtue of the foregoing, plaintiffs MARTIN, ALAN and

FRANCIS had caused the transfer of the title of the PROPERTY in their

name and was issued Transfer of Certificate of Title No. 8970256.

A copy of the Transfer of Certificate of Title No. 8970256 is

attached hereto as Annex “C” and made an integral part hereof.

5. Sometime in May 2013, defendant RODRIGO, without the

knowledge and consent of plaintiffs MARTIN, ALAN and FRANCIS,

permitted defendant RAMON to occupy the PROPERTY. By virtue of the

authority given by defendant RODGRIFGO, defendant RAMON

constructed therein a five-storey hotel.

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6. Sometime in June 2014, plaintiffs MARTIN, ALAN and

FRANCIS went to survey the PROPERTY for their plan to build a five-

storey hotel. However they discovered that a hotel complex was being

built by defendant RAMON. Outraged by the discovery of the foregoing

fact, plaintiffs MARTIN, ALAN and FRANCIS, sent a letter dated July 02,

2014, demanded that defendant RAMON vacate the PROPERTY and

restore it to its original state.

A copy of the letter dated July 02, 2014 is attached hereto as

Annex “D” and made an integral part hereof.

7. Despite the said letter1 dated July 02, 2014, defendant

RAMON failed and refused to vacate the premises of the PROPERTY.

8. By reason thereof, plaintiffs MARTIN, ALAN and FRANCIS, sent

another letter dated August 22, 2015, demanding that defendant

RAMON vacate the PROPERTY.

A copy of the letter dated August 22, 2014 is attached hereto as

Annex “E” and made an integral part hereof.

9. Despite said letter2 dated August 22, 2015, defendant RAMON

still failed and refused to vacate the premises of the PROPERTY.

10. By reason thereof, plaintiffs MARTIN, ALAN and FRANCIS,

through counsel, sent a final demand letter dated September 21, 2014,

demanding defendant RAMON to vacate the PROPERTY and to pay

reasonable rent and damages for the use of the said property.

A copy of the letter dated September 21, 2014 is attached

hereto as Annex “F” and made an integral part hereof.

11. In reply thereto, Defendant RAMON, through counsel, sent a

letter dated October 31, 2014, stated that defendant RODRIGO gave

1 Annex “D” hereof.2 Annex “E” hereof.

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him permission to use the PROPERTY and an alleged Deed of Absolute

Sale was executed by the latter ceding to defendant RAMON the said

property.

A copy of the letter date October 31, 2015 is attached hereto as

Annex “G”

12. Consequently, plaintiffs MARTIN, ALAN and FRANCIS, through

counsel, sent a letter dated November 16, 2014, controverting

defendant RAMON’s claim and furnishing him a copy of TCT No.

8970256. In the same letter, plaintiffs MARTIN, ALAN and FRANCIS

further reiterated their demand that defendant RAMON vacate the

PROPERTY.

A copy of the letter dated November 16, 2014 is attached hereto

as Annex “H” and made an integral part hereof.

13. Despite the knowledge of Defendant RAMON of the

ownership of plaintiffs MARTIN, ALAN and FRANCIS of the PROPERTY,

defendant still failed and refused to heed to the demands of the

former.

14.

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