annulment of title and deed of sale with reconveyance and damages

Republic of the Philippines REGONAL TRIAL COURT 11th Judicial Region Branch 8, Davao City Captain America 2341521-64 Plaintif

Civil

Case

No.

For: Annulment of Deed of Sale, Transfer Certificate of Title Reconveyance and Damages

Versus Iron Man Defendant x--------------------------x COMPLAINT Plaintif by the undersigned counsel, respectfully alleges: 1. That the plaintif, Captain America, is of legal age, single, Filipino citizen and a resident of #13 Jacinto Street, Barangay 32-D, Poblacion, Davao City; 2. That the defendant, Iron Man, is of legal age, single, Filipino citizen and a resident of #75 Mahogany street, Hillside Subdivision, Lanang, Davao City where he may be served with summons and other court processes; 3. That the plaintif is the lawful owner of a lot with Lot No. 2221, Psd-05-103024 covered by Original Certificate of Title No. 3782 situated in Purok 30 KM. 6, Maa Highway, Davao City, Davao del Sur consisting of Ten Thousand (10,000) square meters with an assessed value of more or less Ten Million Pesos ( P 10,000,000-). Copy of title is hereto annexed as Exhibit A;

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4. That the plaintif pays the real estate taxes of the said subject land evidenced by tax declaration. Copy of which is hereto annexed as Exhibit B; 5. That the plaintif obtained a loan from defendant in which the defendant required the title certificate of the above mentioned lot to be handed to him for safe keeping without executing a real estate mortgage contract; 6. That the above mentioned lot is the subject of the Deed of Absolute Sale dated December 15, 2007 in favor of the defendant by virtue of which Transfer Certificate of Title No. T-21382 dated March 20,2010 was issued in favor of the defendant; 7. That the said circumstances in paragraph 7 hereof was made known to the plaintif only on June 27, 2013 when he went to the City Assessor’s Office to pay the real estate tax of the subject land; 8. That the plaintif never signed the said Deed of Absolute Sale and the signature of the plaintif appearing therein is forged; 9. That by reason of the forged deed of sale and the transfer certificate of title covering the above mentioned lot, the plaintif was compelled to institute this action engaging the services of a counsel in the amount of P50, 000 as attorney’s fees. Wherefore, premises considered, it is respectfully prayed that judgment be rendered:

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1. CANCELLING Transfer Certificate of Title No. T-21382 in the name of Iron Man; 2. ANNULLING the Deed of Absolute Sale date January 5, 2016 in favor of Iron Man;

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3. ORDERING the defendant to reconvey the subject lot to plaintif; 4. ORDERING defendant to pay attorney’s fee in the amount of P50, 000 Plaintif further prays for such other reliefs and remedies deemed just and proper under the premises. City of Davao, Philippines, April 11, 2016.

RAZEL MAY M. RAMON Counsel for the Plaintif c/o A&A and Associates Law Veterans Building, Monteverde,DavaoCity IBP No. 947555/ 1-02-14/ Davao City PTR No. 7150933// 1-02-14/ Davao City Roll No. 77777 MCLE Compliance No. IV0079772/ March 21, 2013 Telephone No. (082) 285-7717

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Republic of the Philippines) City of Davao) Sc. x-------------------------------------------x VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, Captain America, of legal age, after having been duly sworn in accordance with law, depose and state that: 1. I am a plaintif in the above-stated case; 2. I caused the preparation of the foregoing complaint; 3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and/or on the basis of copies of documents and records in my possession; 4. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency; 5. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; 6. If I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court.

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Captain America Affiant

SUBSCRIBED AND SWORN to before me this 11th day of February 2016 at A&A and Associates Law Veterans Building, Monteverde, Davao City. Affiant exhibiting to me his Community Tax Certificate No. 1234 issued on January 10,2016 at Davao City. Doc. No. ; 123 Page No. ; 23 Book No. ; 4 Series of 2016

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