Download - Complaint - First Draft - Jec's Version
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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