group 1 complaint

8/3/2019 Group 1 Complaint

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REPUBLIC OF THE PHILIPPINESNATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURTBRANCH ______, MAKATI CITY

Arthur Garcia,Plaintiff,

Civil Case No. ____________- versus - For: Quieting of Title

Chupeta Herman,

Defendant.x --------------------------------------- x

PETITION

PLAINTIFF, by counsel, respectfully states that:

1. PLAINTIFF, of legal age, resides at 44 Bagong Silang st., Brgy.

Mabuhay, Makati City.

2. DEFENDANT, also of legal age, resides at 22 Rockwell Drive, Makati

City, where they may be served with pertinent notices.

3. PLAINTIFF is the registered owner of the subject lot (hereinafter

LOT) located at 20 Rockwell Drive, Rockwell Center, Makati City as

recorded in Transfer Certificate of Title (TCT) No. 11873645, which

is more specifically described as:

Bounded on the north by Park 9 Street; on theSouth by F. de la Rosa St.; on the East byEsteban Abada Street; in the West byKatipunan Avenue; Measure two hundred (200)square meters.


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attached herein as Annex A.

4. Ownership of the LOT was acquired by PLAINTIFF by succession

from his father, Arturo Garcia, who died in 2001.

5. On 19 November 2008, the Registry of Deeds Office at the Makati

City Hall was entirely destroyed by fire, burning in the process all

the documents kept therein.

6. These destroyed documents included the Registry of Deeds copy of

TCT No. 11873645, described above, representing PLAINTIFFs

ownership of the LOT subject of this case.

7. On 16 November 2011, PLAINTIFF returned to the Philippines and

discovered that a commercial building (hereinafter Herman

Building) was already constructed on his LOT.

8. On the same date, PLAINTIFF confronted the herein DEFENDANT

who represented himself as the owner of both the Herman Building

and the LOT.

9. On the said occasion, DEFENDANT showed to PLAINTIFF TCT No.

67787847 allegedly evidencing his supposed ownership of the LOT.

10. Upon seeing the said certificate of title, PLAINTIFF immediately went

to the Register of Deeds of Makati, Mr. Jun Encarnacion, to verify the

claim of DEFENDANT and to show his owners copy of TCT No.

11873645.

11. The Register of Deeds also informed him that the DEFENDANTs

certificate of title was reconstituted on 22 March 2009.


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12.This act of DEFENDANT in reconstituting the certificate of title is

entirely baseless and fraudulent and creates a cloud upon

PLAINTIFFs title to the LOT resulting in prejudice to the latter.

13. Moreover, as a result of DEFENDANTS actions in fraudulently

depriving PLAINTIFF of his property, PLAINTIFF has suffered mental

anguish and sleepless nights. Thus DEFENDANT is liable for moral

damages in the amount of One Million Pesos (Php 1,000,000.00)

14. Also as a result of DEFENDANTS actions which are wanton,

fraudulent, reckless, oppressive and malevolent, he is liable to

indemnify PLAINTIFF in the amount of One Million Pesos (Php

1,000,000.00) as exemplary damages.

15. As a result of DEFENDANTS actions, PLAINTIFF was constrained to

hire services of counsel in order to protect his rights. Thus

DEFENDANT is liable for attorneys fees in the amount of One

Hundred Thousand Pesos (Php 100,000.00)

PRAYER

12. WHEREFORE, it is respectfully prayed that this Honorable Court

issue an order annulling DEFENDANTs TCT No. 67787847 and

ordering DEFENDANT to pay PLAINTIFF:

A. Moral damages in the amount of One Million Pesos (Php

1,000,000.00)

B. Exemplary Damages in the amount of One Million Pesos (Php


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1,000,000.00)

C. Attorneys fees in the amount of One Hundred Thousand Pesos

(Php100,000.00)

D. The cost of suit

E. Other reliefs, just and equitable under the circumstances, are

likewise prayed for.

Makati City, 21 November 2011.

Celery R. FarjaraCounsel for Plaintiff

20 Rockwell Drive, Rockwell Center Makati CityPTR No. 55566673, 07/08/2010, Makati

Roll of Attorney No. 9883748849IBP No. 17372389 (Lifetime Member)

MCLE Exempt

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

I, Arthur Garcia, of legal age, do hereby state that I caused thisComplaint to be prepared; I have read its contents and affirm that they aretrue and correct to the best of my own personal knowledge and authenticrecords; I hereby certify that there is no other case commenced or pendingbefore any court involving the same parties and the same issue and that,should I learn of such a case, I shall notify the court within five (5) days frommy notice.

IN WITNESS WHEREOF, I have signed this instrument on 21 November2011.

Arthur Garcia


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SUBSCRIBED AND SWORN TO before me in the City of Makati on thisday of 21 November 2010, affiant exhibiting before me his Social Security

System ID no. 12-66743-9 issued by the Social Security System Office on 7September 2007.

Nico BernardoNotary Public in Makati City

14 J.P Rizal Avenue, Makati CityCommission No. 12474764, Makati City

PTR No. 47983783, 04/04/2004 (Quezon City)Roll of Attorneys No. 88989832

IBP No. 1273787483 (Lifetime Member)Appointment No. 89434934

Doc. No. ______;Book No. ______;Page No. ______;Series of 2010.

group 1 complaint

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