Complaint in Intervention

Republic of the Philippines REGIONAL TRIAL COURT 11TH Judicial Region Branch 17 Davao City

LEON TROTSKY Intervenor,

CIVIL CASE No. 128-9456 For: INTERVENTION

VS. DEREK RAMSY Plaintiff -x------------------------------------------- x

COMLAINT-IN-INTERVENTION INTERVENOR, by counsel, unto this Honorable Court respectfully states and prays that: 1. Intervenor, a Russian but naturalized Filipino citizen, of legal age, married to Jessica Sanchez, a Filipino citizen and a resident of Trotsky resort, Boracay Island, Philippines. 2. Herein Intervenor is the true owner of the property which is the subject of controversy in Civil Case No. 128-9456, embraced in the alleged new Transfer Certificate of Title No. 11919, originally under TCT No. 12345, (hereto attached as Annex “A-1”) with an area of five thousand square meters (5,000 sq m) located at Brgy. San Isidro, Babak Pulong Harding Lungsod ng Samal, Philippines. 3. Said property in question, was acquired by the Intervenor from Kobe Bryant on June 7, 2005 in consideration of P1,500,000.00 as stated in the Deed of Sale registered under the name of Kobe Bryant and Jessica Sanchez, recorded in the Registry of Deeds in the Province of Davao del Norte. (copy attached as Annex” A-2”) 4. The litigants in this case, (plaintiff) as claimant and (defendant) who is in actual used and possession of the property in question, have no legal standing of their claims on the basis that all transactions and performances subsequent to the transaction executed between herein Intervenor and Mr. Kobe Bryant in relation to the property in question described in the original title TCT 12345 and in TCT 11919 is presumed to be void considering that said property was already sold to Intervenor and now is the subject of this complaint.

5. The Intervenor deeply affected of the fraudulent transactions initiated by the irresponsible vendor (Kobe Bryant) of the questioned property, which is the subject matter in this case, that caused him to initiate legal remedy for the relief and recovery of damages inflicted to his person, and bring the matter to this honorable court in a way of intervention.

WHERFORE, it is prayed: 1. That all transactions and performances executed by the litigants in relation to the property-in-question, including related documents in their possession shall be declared void. 2. That the litigants be ordered by this Honorable Court to voluntarily turn-over the questioned property to the rightful owner who is the Intervenor in this case. 3. That if voluntary turn-over of the property or waiver of the claim by both plaintiff and defendants is not possible, order be made against the litigants to pay for the damages and other litigation expenses plus attorney’s fees in favor of the Intervenor. 4. Further it is prayed that Intervenor be granted such relief found to be consistent with law and equity.

Signed this 4th day of March 2013 in Davao City, Philippines.

LEON TROTSKY Intervenor

Assisting Counsels: LEONARDO P. CATARAJA Davao City GINA VILLE I. VILCHEZ Davao City CHARMAINE D. BARCELONA Davao City CHIRA DEE T. SINET Davao City

Republic of the Philippines REGIONAL TRIAL COURT 11TH Judicial Region Branch 99 Panabo City DEREK RAMSY Plaintiff,

CIVIL CASE No. ._128-9456

VS.

For: RECOVERY OF POSSESION DAMAGES AND ATTORNEY’S FEE

SPOUSES PETER AND DEBORAH TOSH Defendant -x------------------------------------------------------- x

MOTION FOR INTERVENTION COMES NOW, the Intervenor, LEON TROTSKY, by this undersigned counsel, and to this Honorable Court respectfully prays that he be permitted to file a Complaint in Intervention in the above entitled case, for the following reasons: 1. That he has legal interest in the matter under litigation, or in the success of either of the parties, or an interest against both, or that he is so situated as the adversely affected by the distribution or other disposition of the property which is the subject of the controversy. 2. That this intervention will not, in the least, unduly delay in this proceeding or prejudice the rights of the original parties in the case; 3. That the intervenor’s right can be fully protected in this proceeding rather than by filing a separate proceeding. WHEREOF, it is respectfully prayed that LEON TROTSKY be allowed to intervene as party plaintiff (or defendant) and the attached complaint be admitted and served on the defendant (or the answer be admitted and served to the plaintiff). Davao City, Philippines, March 4,2013.

LEON TROTSKY Intervenor

LEONARDO P CATARAJA Attorney for Intervnor Assisting Counsels:

GINA VILLE I. VILCHEZ CHARMAINE D. BARCELONA CHIRA DEE T. SINET

Davao City

NOTICE OF HEARING

TO: ATTY. PETE BAYANI CAMPOREDONDO

Counsel for the Plaintiff Sir: Please take notice that on Tuesday, March 5, 2013 at 7;30 in the evening or as soon thereafter as counsel may be heard, the undersigned attorney will ask the Regional Trial Court of Panabo City (Brach 99) that the foregoing Complaint- in Intervention be granted.

LEONARDO P CATARAJA

Attorney for the Intervenor

Copy of this Complaint – in Intervention with notice of hearing was sent by registered mail on March 4, 2013 to Atty PETE BAYANI CAMPOREDONDO at Door 69, Building 54, Island Garden City of Samal, personal service being impractical due to distance.

LEONARDO P CATARAJA