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Republic of the Philippines

REGIONAL TRIAL COURT


7th Judicial Region
Branch 4
Cebu City

CHARLES PO, BRUNO PO and


DUMBO PO
Plaintiffs,

Civil Case No. 42345

For: RECONVEYANCE AND/OR RECOVERY OF


OWNERSHIP AND POSSESSION, CANCELATION
OF TITLE, AND DAMAGES

versus

EUMA CARREON, SPS. JERRY and


KARA S. CARREON,
SPS. JEROME and INA CARREON
Defendants,
CO MPLAI NT
COME NOW, Plaintiffs through their undersigned counsel and to this Honorable Court, most respectfully allege that:
1Parties to the case:
1.

Plaintiff's name, age, citizenship, status, residency.

2.

Defendant's name ,age, citizenship, status, residency.

2Statement of facts
3Cause of action
4DAMAGES
5 PRAYER
WHEREFORE, it is respectfully prayed of this Honorable Court that after due notice and hearing, judgment be rendered as follows:
Plaintiff prays for such other reliefs as may be just and equitable in the premises.
City of Cebu, Philippines, 27th of June 2015.
ATTY. YDREL OBSIOMA

Counsel for the Plaintiffs


507 S. Osmena St., Gun-ob, Lapu-Lapu City
Roll of Attorneys No. 84262
IBP No. 534532/01-03-2015/CEBU CITY
PTR No. 467221/01-02-2015/CEBU CITY
MCLE Cert No. 83192, issued on Oct 15, 2015
Mobile No. 0928-5017536
Email Address: ydrel@yahoo.com
VERIFICATION AND CERTIFICATION OF
NON FORUM SHOPPING
I, CHARLES PO, Filipino, of legal age residing at Unit D1, Ponce Building, Mabolo, Cebu City, after being sworn to in
accordance with law, deposes and says that:
I am the Plaintiff in the above-entitled case;
The facts stated in the above complaint are true and correct to the best of my knowledge and authentic records;
I have not commenced any action or filed any claim involving the same issues in any court, tribunal, or quasi-judicial agency and,
to the best of my knowledge, no suck other action or claim is pending in them; and
If I should learn that the same or similar action or claim has been filed or is pending after its filing, I shall report that fact within
five(5) days from notice to the court or where the comlplaint or initiatory pleading has been filed.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 4th day of September, 2015 in Cebu City, Cebu
Philippines.
CHARLES PO
Affiant

SUBSCRIBED and SWORN to before me, this 27 th day of June 2015, in the City of Cebu by Charles Po with Passport
No. 123456 issued on September 16, 2014 at the Pasay City.
ANSWER WITH COUNTERCLAIM

Comes Now, Defendants in the above entitled case and to this Honorable Court most respectfully avers, to wit:
ADMISSIONS AND DENIALS
1. That DEFENDANTS admit the averment in paragraph 1 of the Complaint as far as the Plaintiffs personal circumstances are
concerned;
2. That DEFENDANTS admit the averment in paragraph 2 insofar as deef of absolute sale was executed by Plaintiff in favor of
DEFENDANTS. That such donation was likewise recorded in the Land Registry of Cebu.

AFFIRMATIVE DEFENSES
Defendants hereby restates all foregoing allegations and further state that:
1. PLAINTIFFS had executed a valid absolute deed of sale in favor of DEFENDANTS in the exercise of her rights to donate the
property to other persons.
2. DEFENDANTS had lawful possession and ownership of the property donated by PLAINTIFFS and such rights the plaintiff had
were transferred to defendants upon registration and issue of the Transfer Certificate of Title in favor of defendant.
3. DEFENDANTS as absolute owner of the questioned property exercised his right to dispose of the same as absolute owner
thereof.

COUNTERCLAIM
DEFENDANTS respectfully restate all foregoing allegations and denials and hereby further state that:
1. PLAINTIFFS voluntarily, willfully and freely executed a deed of sale on her own accordance in favor of DEFENDANTS.
PLAINTIFFS herself signed the deed of sale (ANNEX A) in favor of the DEFENDANTS as evidenced by a photo was taken during the
signing of the deed of sale where both PLAINTIFF and DEFENDANTS were present.
PRAYER
WHEREFORE, it is respectfully prayed of this Honorable Court that after due notice and hearing, judgment be rendered as follows:
1.) Ordering Plaintiffs to pay to Defendants, jointly and severally, the aforesaid sum of ONE HUNDRED THOUSAND
(P100,000.00) PESOS, Philippine Currency, by way of actual and/or compensatory damages.
2.) Ordering Plaintiffs to pay to Defendants, jointly and severally the sum of FIFTY THOUSAND (P50,000.00) PESOS, Philippine
Currency, by way of Acceptance fee;P2,000.00 per Appearance, P5,000.00 deposit for legal expenses.
3.) Ordering Plaintiffs to pay to Defendants, jointly and severally litigation expenses incurred by Plaintiffs and costs of this suit.

Defendants prays for such other reliefs as may be just and equitable in the premises.
City of Cebu, Philippines, 30th of July 2015.

ATTY. YDREL OBSIOMA


Counsel for the Plaintiffs
507 S. Osmena St., Gun-ob, Lapu-Lapu City
Roll of Attorneys No. 84262
IBP No. 534532/01-03-2015/CEBU CITY
PTR No. 467221/01-02-2015/CEBU CITY
MCLE Cert No. 83192, issued on Oct 15, 2015
Mobile No. 0928-5017536
Email Address: ydrel@yahoo.com

VERIFICATION
That we, Euma Carreon, Jerry Carreon, Jerome Carreon, Ina Carreon and Kara Carreon subscribe under oath, hereby deposes
and states that:
We are the defendants in the instant case.
We have read the foregoing petition and the allegations therein are true and correct of my own knowledge and/or based on the
records on hand.
We attest to the authenticity of the annexes thereof.

Euma Carreon
SSS ID 412432
Issued on: May 2,2015
Issued at: SSS CEBU

Jerry Carreon
Jerome Carreon
GSIS ID 321452
SSS ID 657332
Issued on: May 2,2015 Issued on: May 2,2015
Issued at: GSIS CEBU Issued at: SSS CEBU

SUBSCRIBED AND SWORN to before me this 30th day of July 2015 in the City of Cebu, Philippines by the affiants mentioned
above with their respective competent evidence of identity, containing their pictures and signature which they identified to me as the persons
who executed the foregoing verification.
REPLY
PLAINTIFF, through the undersigned counsel and to this
Answer with Counterclaim

Honorable Court, most respectfully submits this Reply to Defendants

1.

That paragraph 3-6 of the Answer of the defendants Irene and Joy Velvet, are hereby specifically denied the truth of the matter
being those stated in the Complaint. Moreover, the answering defendants claim is without any legal or factual basis, for reasons
stated in the complaint. Therefore, the Deed of Sale attached to the Answer is not legal, the ownership thereof belongs to the
plaintiff.

2.

That the aforesaid acts of the answering defendants are malicious and have been done in utter bad faith and have been done in
utter bad faith, in derogation of the established legal rights of the plaintiff.

3.

The allegations under the Counterclaim, are hereby specifically denied, the truth of the matter being those stated in the complaint,
and for the reason that the same are mere gratuitous conclusions on the part of the answering defendant.

PRAYE R
WHEREFORE, premises considered, it is respectfully prayed unto this Honorable Court, dismiss the Counterclaim of the
defendants Irene and Joy Velvet and to grant the reliefs and remedies prayed for in the Complaint.
Brgy. Basak, Cebu City, Philippines
JUDICIAL AFFIDAVIT OF WITNESS

August 1, 2015

This Judicial Affidavit of Lerdy Beck, is executed to serve as his direct testimony in the instant case.
Questions were propounded by plaintiffs counsel, Atty. Ydrel Obsioma, in English, which the affiant fully understands, while
Answeres were given/made by witness Mr. Lerdy Beck, in English dialect and the corresponding translation of his answer is provided after
each question.
This Judicial Affidavit is offered to prove:
(1) all the allegations in the complaint; (2) including all the ANNEXES appended thereto, which he respectfully requests to be
correspondingly marked as EXHIBITS in this case ;and (3) all matters related thereto, with reservation to present additional exhibits in the
course of the proceedings of the instant case.
1. Please state your name, age, residence address, and occupation.
Ans: I am Lerdy Beck, 42 years old, I live in Brgy. Parian, Cebu City.
2. How are you related to the plaintiff in this case?
Ans: She was my employer.
3. How did you know her?
Ans: We live in the same Barangay and she asked me if I can be the caretaker of her property because she was going to work abroad.
4.
How
are
you
related
to
the
defendants
Ans: The defendant is the lessee of the property situated at Zamora St. Brgy. Parian, Cebu City.

in

this

case?

3. How did you know the defendant?


Ans: I came to know the defendant when I was called by my boss to be a witness to the contract of lease they executed.

N WITNESS WHEREOF, I have hereunto affixed my signature this 14th day of August, 2015 at Cebu City.
Lerdy Beck
Affiant

SUBSCRIBED AND SWORN to before me, this 14th day of August , 2015, affiant exhibiting to me her SSS ID No. 65544 issued
September 16, 2014 at Cebu City. I hereby certify she has voluntarily, knowingly and intelligently executed the foregoing and that she fully
understands it contents.
WITNESS MY HAND AND NOTARIAL SEAL, on the day, year and place first above-written.

YDREL C. OBSIOMA
Notary Public
December 20, 2015
Roll No. 014040001
MCLE Compliance Certificate No. X-000069
IBP No. 6969010, issued on Dec 11, 2014
PTR No. 8111118, issued on January 12, 2015
ydrel@yahoo.com
Cellphone No. 09228218605