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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;

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 Assessors 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 attorneys fees.
Wherefore, premises considered, it is
respectfully prayed that judgment be rendered:

most

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;

3. ORDERING the defendant to reconvey the subject lot


to plaintif;
4. ORDERING defendant to pay attorneys 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

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.

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