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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


11th Judicial Region
Branch ______
City of Davao

ALONA DIMZON,
Plaintiffs,
-versus-

CIVIL CASE No. _______


FOR: Quieting of Title
with
Temporary
Restraining Order and
Preliminary Injunction

BOBBY ORDANEZA,
Defendant.
x-----------------------------------x
COMPLAINT
COMES NOW, the plaintiff, through the undersigned
counsels and unto this Honorable Court, most respectfully
avers that:
The Parties
1 Plaintiff ALONA DIMZON is of legal age, Filipino
citizen, single, with residence at Davao City and can be
reached and served court orders, notices and other
processes at the office address of the undersigned
counsels;
2 Defendant BOBBY ORDANEZA is of legal age, Filipino
citizen, married, with residence and postal address at
Block 9 Lot 37 Country Homes Subd., Cabantian, Davao
City, where he may be served with summons and other
court processes;
The Facts of the Case

3 ALONA DIMZON is the sole heir1 and successor-ininterest of the late CORAZON ZARATE-DIMZON, who
died intestate on 6 March 20122;
4 During her lifetime, CORAZON ZARATE-DIMZON was
the owner of a parcel of land located in Davao City,
which property used to be covered by Transfer
Certificate of Title (TCT) No. 100703 of the Registry of
Deeds of Davao City;
5 In or about the year 2008, BOBBY ORDANEZA, who
was a long time friend of CORAZON ZARATE-DIMZON,
borrowed Transfer Certificate of Title (TCT) No. 10070 to
secure various personal loan obligations from a certain
CONSTANCIA GOMEZ in the aggregate amount of
P700,000.00.
6 Accordingly, BOBBY ORDANEZA assured CORAZON
ZARATE-DIMZON that the mortgage would be for a brief
period only and that he would forthwith pay and settle
in full all his personal loan obligations with
CONSTANCIA GOMEZ to ensure that said mortgage is
cancelled in the soonest time possible;
7 During the effectivity of the Real Estate Mortgage,
ALONA DIMZON and CORAZON ZARATE-DIMZON
migrated in the United States of America to treat the
worsening health condition of the latter;
8 Sometime in 2010, CORAZON ZARATE-DIMZON
received a letter4 from BOBBY ORDANEZA informing the
former that he had finally settled in full all his personal
1 A copy of Birth Certificate is hereby attached and marked as Exhibit A.
2 A copy of Death Certificate is hereby attached and marked as Exhibit B.
3 A copy of Transfer Certificate of Title (TCT) No. 10070 is hereby attached
and marked as Exhibit C.
4 A copy of letter is hereby attached and marked as Exhibit D.

loan obligations with CONSTANCIA GOMEZ and the


mortgage is already cancelled;
9 However, BOBBY ORDANEZA failed to send together
with the letter the Transfer Certificate of Title (TCT) No.
10070;
10 Since then, nothing was heard of BOBBY ORDANEZA
and the whereabouts of Transfer Certificate of Title
(TCT) No. 10070;
11 Upon the demise of CORAZON ZARATE-DIMZON,
ALONA DIMZON returned to the Philippine in 2014. She
inquired with the Civil Registry of Deeds of Davao City
as to the status of Transfer Certificate of Title (TCT) No.
10070;
12 ALONA DIMZON was surprised to know that Transfer
Certificate of Title (TCT) No. 10070 had become the
subject of Deed of Conditional Sale with BOBBY
ORDANEZA in 2011;
13CORAZON ZARATE-DIMZON, during her lifetime, never
mentioned to her only heir ALONA DIMZON, that the
property was a subject of sale;
14 ALONA DIMZON immediately scheduled a meeting with
BOBBY ORDANEZA wherein the latter gave her a copy
of the Deed of Conditional Sale 5 and other pertinent
documents;
15 ALONA DIMZON noticed that the documents have lots
of irregularities especially with the signature of
CORAZON ZARATE-DIMZON;

5 A copy of Deed of Conditional Sale is hereby attached and marked as


Exhibit E.

16 When ALONA DIMZON checked the property, she found


out a construction on-going to fence the property;
17 The assessed value of the land is P1, 500, 000.00;
18Needless to state, all the aforedescribed dealings,
transactions and proceedings concerning the subject
property were fraudulent and highly anomalous;
The Cause of Action
19 Plaintiff reiterates the foregoing statements and
alleges the cause of action of this complaint:
(1)
The plaintiff has a legal or an equitable title to or
interest in the real property subject of action, and
(2)
The deed, claim, encumbrance or proceeding
claimed to be casting cloud on his title must be shown
to be in fact invalid or inoperative despite its prima
facie appearance of validity or legal efficacy.

20Based on the foregoing, the Plaintiff ALONA DIMZON is


hereby praying of this Honorable Court for the removal
of the cloud on the subject title and recovery of the
same.
21 The issuance of the temporary restraining oder is
sought before the court to restrain BOBBY ORDANEZA
from completing the construction of fence on said
property;

The Prayer
WHEREFORE, premises considered, it is most
respectfully prayed unto this Honorable Court that, after
hearing, judgment be rendered ordering the defendant to:

1 Return the subject property;


2 Restrain from fencing the property;
3 Other just and equitable reliefs are also hereby prayed
for.
RESPECTFULLY SUBMITTED.
14 January 2015 at Davao City, Philippines.

ALONA DIMZON
Plaintiff

WOMEN AT LAW
Room M-2, Mezzanine Floor
Velasco Building, J.P Laurel St.,
Davao City

By:

ATTY. JONAH CADIATAN


Counsel for the Plaintiff
PTR No. 1326618
01/02/2013
IBP No. 88430512/20/2012
Roll No. 57384
MCLE No. III-0019301
Date Issued: 10/10/2010

ATTY. MARRIANE DELIGERO


Counsel for the Plaintiff
PTR No. 1326619
01/02/2013
IBP No. 88430612/20/2012
Roll No. 57385
MCLE No. III-0019302
Date Issued: 10/10/2010

ATTY. ROSALIE NUNEZA


Counsel for the Plaintiff
PTR No. 1326620
01/02/2013
IBP No. 88430712/20/2012
Roll No. 57386
MCLE No. III-0019303
Date Issued: 10/10/2010

ATTY. JENNIDY TAMBOR


Counsel for the Plaintiff
PTR No. 1326621
01/02/2013
IBP No. 88430812/20/2012
Roll No. 57387
MCLE No. III-0019304
Date Issued: 10/10/2010

Exhibit D
June 13, 2010

Dear Cora,

Good day!

How are you? Are you getting well? I hope you better now. When are
you coming back to Davao?

By the way I want to inform you that I have already settled in full all
my personal obligations to Ms. Constancia. Thus, the mortgage in your
property is already cancelled.

I am also writing to express my gratitude for all your help especially in


letting me borrow the TCT of your property for me to secure my loan.

God bless you!

Sincerely,

BOB

EXHIBIT E
DEED OF CONDITIONAL SALE
KNOW ALL MEN BY THESE PRESENTS:
This conditional deed of sale entered into this 20 th day of April 2011, in
the City of Davao, by and between:
CORAZON ZARATE-DIMZON, of legal age, Filipino, and resident
of #25 Zalamea St., DBP Village, Davao City, hereinafter referred to as
VENDOR.
BOBBY ORDANEZA, of legal age, Filipino, and resident of Block 9
Lot 37 Country Homes Subd., Cabantian, Davao City, hereinafter
referred to as VENDEE.

WITNESSETH

That, the VENDOR do hereby sell, convey, and transfer in a manner


absolute and irrevocable unto said VENDEE, his heirs and assigns, for
and in consideration of ONE MILLION (P1, 000,000.00) Philippine
Currency, the property, therein, situated in Barangay Calinan , Davao
City, and more particularly described as follows:
TRANSFER CERTIFICATE OF TITLE NO. 10070
A parcel of land beginning at a point marked 1 of Lot
no. 3807, Cad. 314-D, being S. 26-55 W., 861.44 m.
from BLLM No. I, Cad. 314-D; thence N. 74-48 E.,
58.99 m. to point 2; S. 21-02 E., 10.64 m. to point 3; S.
20-05 E., 12.41 m. to point 4; S. 69-40. 49.70 m. to
point 5; N. 38-12 W., 29-75 m. to point 1; point of
beginning. Containing an area of FIVE HUNDRED
AND EIGHTY TWO (582) SQUARE METERS. xxx
That the consideration will be paid in the following manner;
ONE
HUNDRED
FIFTY
THOUSAND
PESOS
th
(P150,000.00) will be paid on the 20 of April 2011ONE
HUNDRED THOUSAND PESOS (P100,000.00) will be paid
on the 7th of May 2011, representing one fourth (1/4th) of the
purchase price.

TWO HUNDRED FIFTY THOUSAND (250,000), will be


paid on the 30th of July 2011, representing anotherone fourth
(1/4th) of the purchase price.
The amount of FIVE HUNDRED THOUSAND (P500,000)
will be paid, representing the other half of the purchase price, in
instalments according to the following schedule of payments;
October 30, 2011
November 30, 2011
December 30, 2011

P150, 000.00
P150, 000.00
P200, 000.00

That in case, the remaining balance of 200,000 is not paid in full on or


before December 30, 2011, the VENDEE shall be given 90 days
extension to pay the price in full. Otherwise, the remaining balance
shall be subjected to an interest rate of 5% per annum, payable monthly
from the date of expiration of such extension.
That, however, in the event the VENDOR fails to comply with his
obligation, the purchase price which has been paid shall likewise earn
legal interest in favor of the VENDEE.
That the VENDOR shall give the VENDEE absolute and complete
control and possession of the subject property and allow the
introduction of improvements thereon upon the receipt first payment.
Further, that in the event that the VENDOR should fail or deliberately
refuse to comply with his obligation, the VENDEE shall be reimbursed
of the amount of the purchase price paid, cost of improvements as well
as beneficial interests and other damages that the VENDEE may suffer.
And Finally, VENDEE shall pay unpaid real estate taxes for 2012,
capital gains tax, documentary stamp tax, cost registration.
IN WITNESS WHEREOF, I have hereunto set my hand this 20th day
of April 2011, at Davao City, Philippines.
CORAZON ZARATE-DIMZON
VENDOR
CTC No. 852014
Issued on April 2011
At Davao City

BOBBYORDANEZA
VENDEE
CTC No. 7896545

Issued on April 2011


At Davao City

SIGNED IN THE PRESENCE OF:


__________________________
_______________________
Witness

Witness

ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
C I T Y O F D AVAO
)S.S.
X------------------------------------------X
BEFORE ME, Notary Public for and in Davao City, personally appeared
CORAZON ZARATE-DIMZONwith herCommunity Tax Certificate Number
852014 which will expire on April 2012 and BOBBYORDANEZA with

hisCTC No. 7896545


Which will expire on April 2012, as his competent evidence of identification, and
they represented to me to be the same person who executed the foregoing DEED
and they acknowledged to me that the same is his free and voluntary act and deed.
WITNESS MY HAND AND SEAL on the date and at the place herein first stated.

Doc. No. _______;


Page No. _______;
Book No. _______;
Series of 2014.

ATTY. BENA SOFIA LOGRAMONTE


Notary Public for Davao City
Until December 31, 2012
Notarial Commission No. 485-2013
Roll of Attorney No. 82,287
PTR No. 8877220; 1/2/13; Davao City
IBP No. 872208; 1/2/13; Davao City
Tin No. 654-852-321
Second Floor, JAC Building
J.P. Laurel Avenue Bajada, Davao City